Mich. Comp. Laws » Michigan Compiled Laws / Chapter 49 / R.S. of 1846
Michigan Compiled Laws

Mich. Comp. Laws § 49.158 (2026)

Prosecuting attorney; acceptance of fees, interest in proceedings prohibited.

✓ current as of July 2026
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Revised Statutes of 1846


R.S. of 1846


49.158 Prosecuting attorney; acceptance of fees, interest in proceedings prohibited.

Sec. 58.

    No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business to which it shall be his official duty to attend, nor be concerned as attorney or counsel for either party other than the state or county in any civil action depending upon the same state of facts upon which any criminal prosecution commenced or prosecuted shall depend, or in any action for malicious prosecution brought in consequence of any criminal prosecution commenced or prosecuted during his term of office in the county of which he is prosecuting attorney; nor shall any attorney be permitted to prosecute or aid in prosecuting any person for an alleged criminal offense where he is engaged or interested in any civil suit or proceeding depending upon the same state of facts against such person directly or indirectly.

History: R.S. 1846, Ch. 14 ;-- CL 1857, 398 ;-- CL 1871, 534 ;-- Am. 1883, Act 32, Eff. Sept. 8, 1883 ;-- How. 557 ;-- CL 1897, 2561 ;-- CL 1915, 2410 ;-- CL 1929, 1291 ;-- CL 1948, 49.158

Notes of Decisions
Cited in 3 cases, 1953–1998 · leading case: Commonwealth v. Tabor, 384 N.E.2d 190 (Mass. 1978).
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Commonwealth v. Tabor, 384 N.E.2d 190 (Mass. 1978). “5 (1977); Mich. Comp. Laws Ann. § 49.158 (1967); S.”
People v. Pichitino, 59 N.W.2d 100 (Mich. 1953). “act in the grand-jury proceedings, that the record does not disclose that matters in which one of them had formerly represented the bank in *97 question involved the same facts as those supporting the indictments, or that he represented defendants in suits depending on facts…”
Grievance Adm'r v. Rostash, 577 N.W.2d 452 (Mich. 1998). “In addition to the points argued by the Grievance Administrator, we note that MCL 49.158; MSA 5.756 provides, in pertinent part: No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.