Idaho § 38-128 - Duties of prosecuting attorneys and attorney general
Full text of Idaho Idaho Statutes § 38-128 — Duties of prosecuting attorneys and attorney general, with citation guidance and answers to common questions.
§ 38-128. Duties of prosecuting attorneys and attorney general
At the discretion of the director of the department of lands, it shall be the duty of the attorney general or the prosecuting attorney of the county within which such action lies, to prepare, upon information furnished by the director of the department of lands or the fire warden of any forest protective district, and foreclose all liens, other than those provided for in sections 38-111 , 38-112 and 38-113 , Idaho Code, and to prosecute in the name of the state of Idaho all actions for the recovery of penalties and costs and expenses incurred by the director of the department of lands, his deputy or fire warden of the district in carrying out the provisions of this chapter. For the purposes of this section, venue shall be determined subject to the terms of applicable Idaho law at the time of the incident. Civil actions against nonresidents of the state shall be prosecuted by the attorney general.
Whenever any arrest shall have been made for the violation of any provisions of this chapter, or whenever any evidence, which shows with reasonable certainty any such violation, shall have been lodged with him, the prosecuting attorney of the county in which the criminal act was committed must prosecute the offender with all diligence and energy.
[38-128, added 1972, ch. 401, sec. 2, p. 1164; am. 2003, ch. 27, sec. 1, p. 100.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 38-128
What does Idaho Statutes § 38-128 cover?
Section 38-128 ("Duties of prosecuting attorneys and attorney general") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 38-128?
A common citation format is "Idaho Statutes § 38-128" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 38-128 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.