21-408. Attendance of prosecuting
attorney
A. The county attorney or other prosecuting officer shall attend the grand jurors
when requested by them, and may do so although not requested for the purpose of examining
witnesses, in their presence, or of giving the grand jurors legal advice regarding any
matter cognizable by them. He shall also, when requested by them, draft indictments and
cause process to issue for the attendance of witnesses and other evidence.
B. If a charge against or an offense personally involving the prosecuting attorney,
or an assistant prosecuting attorney or any one employed by the office of the prosecuting
attorney is being investigated by the grand jury, neither such prosecuting attorney nor
anyone employed by the office of such prosecuting attorney, including such person or
persons under investigation, shall be allowed to be present before the grand jury when
such charge is being investigated other than as a witness. The person under
investigation after making an appearance as a witness shall leave the place where the
grand jury is holding its session.
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