A special prosecutor will decide whether to pursue a DUI charge against Kansas Senator Vic Miller of Topeka.

The Topeka Capital Journal reports a special prosecutor is an attorney appointed to investigate, and potentially prosecute, a case in which a conflict of interest exists for the usual prosecuting authority.

Shawnee County District Attorney Mike Kagay says he had assigned Franklin County Attorney Brandon Jones to fill that role.

Kagay says prosecutors in his office who would handle the case had appeared before Miller during his time as judge for Topeka Municipal Court.

Kagay says his office also routinely requests legislative changes which involve dealing with him.

Topeka police arrested Miller in May after finding him inside his crashed vehicle in the ditch.  Police said he wasn’t injured but appeared intoxicated.

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