Mich. Comp. Laws » Michigan Compiled Laws / Chapter 49 / Act 329 of 1925
Michigan Compiled Laws

Mich. Comp. Laws § 49.31 (2026)

Assistant prosecuting attorneys, investigators and clerical employees; appointment.

✓ current as of July 2026
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ASSISTANTS, CLERKS, AND INVESTIGATORS


Act 329 of 1925


49.31 Assistant prosecuting attorneys, investigators and clerical employees; appointment.

Sec. 1.

    In each county of the state of Michigan, the board of supervisors of such counties, at their regular annual meeting, may, by resolution authorize the appointment by the prosecuting attorney of said county of as many assistant prosecuting attorneys as said board of supervisors shall deem necessary, and shall in addition authorize the appointment by said prosecuting attorney, of such investigating officers, clerks, stenographers and other clerical employes as said board of supervisors shall deem necessary.

History: 1925, Act 329, Eff. Aug. 27, 1925 ;-- CL 1929, 1297 ;-- CL 1948, 49.31

FormerLaw Notes:

    See Act 101 of 1913, being CL 1915, §§ 2422 to 2430.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1979–2025 · leading case: Metro. Council No 23 v. Oakland Cnty. Prosecutor, 294 N.W.2d 578 (Mich. 1980).
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Metro. Council No 23 v. Oakland Cnty. Prosecutor, 294 N.W.2d 578 (Mich. 1980). · cites it 4× “FACTS Appellee Metropolitan Council 23, American Federation of State, County and Municipal Employees, AFL-CIO, is the labor representative for a separate bargaining unit of 17 prosecutor's investigators employed by the Oakland County Prosecutor's Department as authorized by MCL…”
Bauer v. Cnty. of Saginaw, 111 F. Supp. 3d 767 (E.D. Mich. 2015). · cites it 4× “This is underscored by Mich. Comp. Laws § 49.31 , which authorizes the Prosecuting Attorney to appoint “investigating officers, clerks, stenographers and other clerical employees” as necessary.”
Hughson v. Cnty. of Antrim, 707 F. Supp. 304 (W.D. Mich. 1988). · cites it 2× “§ 49.31 provides: In each county of the State of Michigan, the board of supervisors of such counties, at their regular annual meeting, may, by resolution authorize the appointment by the prosecuting attorney .”
Beth Bauer v. Saginaw Cnty., 641 F. App'x 510 (6th Cir. 2016). · cites it 2× “See Mich. Comp. Laws §§ 49.31 , 49.35 (granting authority to county prosecutor to hire and fire employees at will).”
Beth Bauer v. Cnty. of Saginaw (Mich. Ct. App. 2020). · cites it 33× “In response to the complaint, respondents asserted that Saginaw County authorized and appropriated funds under MCL 49.31 and MCL 49.35 of the prosecutors’ appointment/tenure statute, MCL 49.”
In Re Petition of Metro. Council 23, 280 N.W.2d 600 (Mich. Ct. App. 1979). “1 The prosecutor’s investigators were hired pursuant to the authority granted by MCL 49.31; MSA 5.791. 2 Defendant herein filed a claim of appeal as of right.”
Genesee Cnty. Soc. Servs. Workers Union v. Genesee Cnty., 502 N.W.2d 701 (Mich. Ct. App. 1993). “In the proceedings before the hearing referee and the merc, the prosecutor relied upon § 1 of 1925 PA 329 , codified at MCL 49.31; MSA 5.791: In each county of the state of Michigan, the board of supervisors of such counties, at their regular annual meeting, may, by resolution…”
MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2025). · cites it 14× “In this regard, the 2025 Appropriations Ordinance states: WHEREAS, funds for personnel in the General Fund for the Office of the Prosecuting Attorney are appropriated for FY 2025 as follows in accordance with MCL 49.31 and MCL 49.34. Relative to the Office Manager positions…”
Deneweth v. Lucido (E.D. Mich. 2024). · cites it 3× “(citing Mich. Comp. Laws §§ 49.31 , 49.36); see also Bauer v.”
Beth Bauer v. Cnty. of Saginaw (Mich. Ct. App. 2020). “The majority holds that Bauer is an employee subject to the prosecutor’s appointment/tenure statute because she falls within the scope of MCL 49.31: In each county of the state of Michigan, the board of supervisors of such counties, at their regular annual meeting, may, by…”
Clark v. Cnty. of Saginaw (E.D. Mich. 2022). “LAWS § 49.31. To that end, the prosecuting attorney appoints one chief assistant in addition to “all other prosecuting attorneys in the order in which they shall rank.”
People of Michigan v. Blake Anthony-William Barton (Mich. Ct. App. 2024). “41 (empowering “[t]he prosecuting attorney of any county” to appoint assistant prosecuting attorneys); MCL 49.31 (providing procedures for authorizing the prosecuting attorney to appoint assistants, clerks, investigators, and stenographers), Barton’s suggested hypertechnical…”
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