If a district attorney fails to attend any court at which the district attorney is required to be, or is related to the accused by consanguinity or affinity, or, prior to the district attorney’s election as district attorney, represented the accused in the matter to be investigated by the grand jury or the crime charged in the indictment, or is associated with the accused in business, or is interested financially in the matter or property out of which the alleged crime or criminal action arose, or is a stockholder in any corporation, any officer or stockholder of which is charged with the commission of any crime, or declines to prosecute or participate in proceedings for the imposition of sanctions for a contempt of court under ORS 33.065, or because of any other conflict cannot ethically serve as district attorney in a particular case, and such facts appear to the satisfaction of the court by affidavit or otherwise, the court shall appoint a regularly licensed and practicing attorney of this state who is not counsel for an interested party to perform the duties of district attorney during the district attorney’s absence or inability to serve, or the trial or investigation of such accused. When the district attorney is disqualified as provided in this section, the person so appointed by the court shall receive reasonable compensation for that person’s attendance, to be allowed by the court. The court in such case shall order compensation to be paid by the county, except that when the person so appointed performs the district attorney’s responsibilities under ORS 25.080, the court shall order compensation to be paid by the Oregon Department of Administrative Services of the state from funds available for that purpose. [Amended by 1985 c.611 §1; 1991 c.724 §16]
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