77-1-114. Prosecutions. (1) Whenever an arrest is made for any violation of the provisions of this title or whenever any information of a violation is given to the the county attorney of the county in which this act was committed, the county attorney shall prosecute the offender or offenders if in the county attorney's judgment the facts warrant the prosecution.

(2) If a county attorney fails to comply with the provisions of this section, the county attorney is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 or more than $1,000. Upon the county attorney's conviction, the district court in which the county attorney is convicted shall declare the county attorney's office vacant and notify the proper appointing power. Actions against the county attorney must be brought by the attorney general in the name of the state.

(3) The penalties of this section also apply to any magistrate with proper authority who refuses or neglects to cause the arrest and prosecution of any person when a complaint under oath of a violation of any of the provisions of this title has been lodged with the magistrate.