Mich. Comp. Laws § 201.35

Vacancies in office; county officers; appointment, term.

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FILLING OF VACANCIES

Act 199 of 1923

201.35 Vacancies in office; county officers; appointment, term.

Sec. 5.

When a vacancy shall occur in an elective or appointive county office, it shall be filled in the following manner:

1. If the vacancy shall be in the office of county clerk or prosecuting attorney it shall be filled by appointment by the judge or judges of that judicial circuit and the person appointed shall hold office for the remainder of the unexpired term.

2. If the vacancy shall be in any other county office, either elective or appointive, the judge of probate, the county clerk and the prosecuting attorney shall appoint some suitable person to fill such vacancy and the person so appointed shall hold such office for the remainder of the unexpired term.

History: 1923, Act 199, Eff. Aug. 30, 1923 ;-- CL 1929, 3369 ;-- CL 1948, 201.35

Notes of Decisions

Cited in 2 cases, 1972–1973 · leading case: Wayne County Prosecuting Attorney v. Wayne County Board of Commissioners

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Wayne County Prosecuting Attorney v. Wayne County Board of Commissioners (1972) michctapp “MCLA 201.35; MSA 6.715: Vacant county offices Mandatory duty of prosecutor with the judge of probate and county clerk to fill by appointment vacant county offices.”

Attorney General Ex Rel. Barr v. Kent County Clerk (1973) michctapp “…Michigan, 384 Mich 638 (1971), and cases cited therein. Affirmed, without costs, a public question being involved. 1 MCLA 201.35; MSA 6.715”

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