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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