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Committee holds hearing on bill allowing defendants fees when prosecutor disqualified for misconduct
Summary
Senate Bill 244 would allow defendants whose cases are dismissed after a prosecutor's disqualification for professional or personal misconduct to seek reasonable attorney fees and costs from the county that originally brought the charges. Sponsor said the bill is rare but necessary to make people whole after serious prosecutorial misconduct; the
Senator Beach presented Senate Bill 244, LC473618S, describing it as a targeted measure to permit an award of reasonable attorney fees and costs against a county when a prosecuting attorney is disqualified for misconduct and the underlying case is dismissed by the court.
"If a prosecuting attorney in a felony or misdemeanor case is disqualified for prosecutorial or personal misconduct and the overall cases dismissed by the courts, those individuals that were indicted are entitled to an award of…
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