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

Mich. Comp. Laws § 49.160 (2026)

Special prosecuting attorney; appointment; powers and duties; assistant prosecuting attorney.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Revised Statutes of 1846


R.S. of 1846


49.160 Special prosecuting attorney; appointment; powers and duties; assistant prosecuting attorney.

Sec. 60.

    (1) If the prosecuting attorney of a county determines himself or herself to be disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office, he or she shall file with the attorney general a petition stating the conflict or the reason he or she is unable to serve and requesting the appointment of a special prosecuting attorney to perform the duties of the prosecuting attorney in any matter in which the prosecuting attorney is disqualified or until the prosecuting attorney is able to serve.

    (2) If the attorney general determines that a prosecuting attorney is disqualified or otherwise unable to serve, the attorney general may elect to proceed in the matter or may appoint a prosecuting attorney or assistant prosecuting attorney who consents to the appointment to act as a special prosecuting attorney to perform the duties of the prosecuting attorney in any matter in which the prosecuting attorney is disqualified or until the prosecuting attorney is able to serve.

    (3) A special prosecuting attorney appointed under this section is vested with all of the powers of the prosecuting attorney for the purpose of the appointment and during the period of appointment, including the power to investigate and initiate charges. The cost of prosecution, other than personnel costs, in any matter handled by a special prosecuting attorney shall be borne by the office of the prosecuting attorney who has been determined to be disqualified or otherwise unable to serve.

    (4) This section does not apply if an assistant prosecuting attorney has been or can be appointed by the prosecuting attorney pursuant to section 18 of chapter 16 of the code of criminal procedure, 1927 PA 175, MCL 776.18, to perform the necessary duties within the constraints of that section or if an assistant prosecuting attorney has been otherwise appointed by the prosecuting attorney pursuant to law and is not disqualified from acting in place of the prosecuting attorney.

History: R.S. 1846, Ch. 14 ;-- CL 1857, 400 ;-- CL 1871, 536 ;-- How. 559 ;-- CL 1897, 2563 ;-- CL 1915, 2412 ;-- CL 1929, 1293 ;-- CL 1948, 49.160 ;-- Am. 1978, Act 535, Imd. Eff. Dec. 21, 1978 ;-- Am. 2002, Act 706, Eff. Feb. 1, 2003

Compiler's Notes:

    This section as originally enacted was numbered section 61.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1949–2024 · leading case: People v. Doyle, 406 N.W.2d 893 (Mich. Ct. App. 1987).
Sort: Relevance Newest Treatment
People v. Doyle, 406 N.W.2d 893 (Mich. Ct. App. 1987). · cites it 7× “Weiss and his entire staff from prosecuting certain cases because of conflict of interest, and providing for appointment of a special prosecutor, pursuant to MCL 49.160; MSA 5.758. The two sets of cases arose from discrete factual situations, but involve the same legal issue and…”
People v. Davis, 272 N.W.2d 707 (Mich. Ct. App. 1978). · cites it 12× “The power of the circuit court to appoint a special prosecutor is provided for in MCL 49.160; MSA 5.758, as follows: "The supreme court and each of the circuit courts may whenever there shall be no prosecuting attorney for the county or when the prosecuting attorney shall be…”
People v. Herrick, 550 N.W.2d 541 (Mich. Ct. App. 1996). · cites it 7× “In doing so, we hold that a prosecutor’s decision to refrain from prosecuting is not, in itself, a conflict, of interest authorizing the appointment of a special prosecutor pursuant to MCL 49.”
People v. Pfaffle, 632 N.W.2d 162 (Mich. Ct. App. 2001). · cites it 2× “10 See MCL 49.160(1) (prosecutor’s office may be disqualified and a special prosecutor appointed if there is a “conflict of interest or [the prosecutor] is otherwise unable to attend to the duties of the office”).”
Attorney Gen. v. Pub. Serv. Comm'n, 625 N.W.2d 16 (Mich. Ct. App. 2001). · cites it 2× “§ 49.160; MSA 5.758 (providing for court appointment of a special prosecuting attorney in the event a prosecuting attorney is disqualified by reason of conflict of interest).”
People of Michigan v. Jessie Hayes, 917 N.W.2d 748 (Mich. Ct. App. 2018). · cites it 8× “While defendants' motions were pending, the prosecutor submitted a request to the Michigan Attorney General, seeking appointment of a special prosecutor to handle the three cases in accordance with MCL 49.160, 2 which request was accepted *751 and approved.”
In Re Petition for Appointment of Special Prosecutor, 332 N.W.2d 550 (Mich. Ct. App. 1983). · cites it 4× “Petitioners appeal as of right from an October 13, 1981, order of the trial court dis *634 missing their petition, brought pursuant to MCL 49.160; MSA 5.758, on the ground that the trial court had no jurisdiction to grant the relief requested.”
Scott v. Foltz, 612 F. Supp. 50 (E.D. Mich. 1985). · cites it 3× “Law § 49.160(1) allows a county prosecutor in Michigan to petition the Circuit Court to appoint a special prosecutor if the prosecuting attorney “is disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office.”
People v. Doyle, 411 N.W.2d 730 (Mich. Ct. App. 1987). “MCL 49.160(2); MSA 5.758(2) expressly provides: If the prosecuting attorney of a county is disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office, the circuit court for that county, upon finding to that effect by the court,…”
People v. Johnston, 40 N.W.2d 124 (Mich. 1949). “” CL 1948, § 49.160 (Stat Ann § 5.758). The trial judge determined that such appointment was proper because “the Macomb county prosecutor was unable to attend to his duties.”
Gogebic Cnty. Clerk v. Gogebic Cnty. Bd. of Commissioners, 301 N.W.2d 491 (Mich. Ct. App. 1980). “Consistent with MCL 49.160(1); MSA 5.758(1), the trial court’s appointment of a special prosecutor was proper.”
Wayne Cnty. Prosecuting Attorney v. Wayne Cnty. Bd. of Commissioners, 205 N.W.2d 27 (Mich. Ct. App. 1972). “See MCLA 49.160; MSA 5.758, MCLA 49.32; MSA 5.”
Show all 25 citing cases →
— Mich. Comp. Laws § 49.160(1) — 6 cases
People v. Pfaffle, 632 N.W.2d 162 (Mich. Ct. App. 2001). “10 See MCL 49.160(1) (prosecutor’s office may be disqualified and a special prosecutor appointed if there is a “conflict of interest or [the prosecutor] is otherwise unable to attend to the duties of the office”).”
People v. Doyle, 406 N.W.2d 893 (Mich. Ct. App. 1987). “Weiss and his entire staff from prosecuting certain cases because of conflict of interest, and providing for appointment of a special prosecutor, pursuant to MCL 49.160; MSA 5.758. The two sets of cases arose from discrete factual situations, but involve the same legal issue and…”
Gogebic Cnty. Clerk v. Gogebic Cnty. Bd. of Commissioners, 301 N.W.2d 491 (Mich. Ct. App. 1980). “Consistent with MCL 49.160(1); MSA 5.758(1), the trial court’s appointment of a special prosecutor was proper.”
Scott v. Foltz, 612 F. Supp. 50 (E.D. Mich. 1985). “Law § 49.160(1) allows a county prosecutor in Michigan to petition the Circuit Court to appoint a special prosecutor if the prosecuting attorney “is disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office.”
People v. Waterstone, 789 N.W.2d 669 (Mich. Ct. App. 2010).
— Mich. Comp. Laws § 49.160(2) — 5 cases
People v. Doyle, 411 N.W.2d 730 (Mich. Ct. App. 1987). “MCL 49.160(2); MSA 5.758(2) expressly provides: If the prosecuting attorney of a county is disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office, the circuit court for that county, upon finding to that effect by the court,…”
People of Michigan v. Jessie Hayes, 917 N.W.2d 748 (Mich. Ct. App. 2018). “While defendants' motions were pending, the prosecutor submitted a request to the Michigan Attorney General, seeking appointment of a special prosecutor to handle the three cases in accordance with MCL 49.160, 2 which request was accepted *751 and approved.”
Scott v. Foltz, 612 F. Supp. 50 (E.D. Mich. 1985). “Law § 49.160(1) allows a county prosecutor in Michigan to petition the Circuit Court to appoint a special prosecutor if the prosecuting attorney “is disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office.”
People of Michigan v. Jessie Hayes (Mich. Ct. App. 2018).
People v. Gottschalk, 660 N.W.2d 714 (Mich. 2003).
— Mich. Comp. Laws § 49.160(3) — 3 cases
Scott v. Foltz, 612 F. Supp. 50 (E.D. Mich. 1985). “Law § 49.160(1) allows a county prosecutor in Michigan to petition the Circuit Court to appoint a special prosecutor if the prosecuting attorney “is disqualified by reason of conflict of interest or is otherwise unable to attend to the duties of the office.”
People of Michigan v. Jessie Hayes, 917 N.W.2d 748 (Mich. Ct. App. 2018). “While defendants' motions were pending, the prosecutor submitted a request to the Michigan Attorney General, seeking appointment of a special prosecutor to handle the three cases in accordance with MCL 49.160, 2 which request was accepted *751 and approved.”
People of Michigan v. Jessie Hayes (Mich. Ct. App. 2018).
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.