THERE ARE THREE AREAS IN WHICH THE NEED FOR A SPECIAL PROSECUTOR ARISES: (1) SITUATIONS IN WHICH THE PROSECUTING AGENCY IS LEGALLY PRECLUDED FROM HANDLING A CASE DUE TO CONFLICT OF INTEREST; (2) DIFFICULT CASES THAT ARE BEYOND THE INVESTIGATIVE AND LEGAL CAPABILITIES OF THE PROSECUTING AGENCY; AND (3) SITUATIONS INVOLVING CORRUPTION WITHIN THE JUDICIAL/GOVERNMENTAL SYSTEM AND THE CONSEQUENT NEED FOR AN UNINVOLVED OUTSIDER TO INVESTIGATE AND PROSECUTE IN ORDER TO RESTORE PUBLIC CONFIDENCE. TWO SOLUTIONS TO THE PROBLEMS POSED BY THESE SITUATIONS ARE SUGGESTED. THE CITY, COUNTY, STATE, OR FEDERAL GOVERNMENT CAN SIMPLY HIRE AN EXPERIENCED CRIMINAL ATTORNEY ON A CONTRACTUAL BASIS FOR THE LIMITED PURPOSE OF PROSECUTING THE CASE IN QUESTION. A SECOND APPROACH WOULD BE TO PASS LEGISLATION PROVIDING FOR COURT APPOINTMENT OF SPECIAL PROSECUTORS. SUCH LEGISLATION WOULD BE PATTERNED AFTER STATUTES PROVIDING FOR THE APPOINTMENT OF DEFENSE COUNSEL FOR THE INDIGENT. THE BENEFITS OF A SPECIAL PROSECUTOR SYSTEM USING COURT-APPOINTED AND/OR PUBLICLY RETAINED COUNSEL PROBABLY WOULD OUTWEIGH AND DRAWBACKS.