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

Mich. Comp. Laws § 49.35 (2026)

Assistant prosecuting attorneys, investigators and clerical employees; tenure.

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


Act 329 of 1925


49.35 Assistant prosecuting attorneys, investigators and clerical employees; tenure.

Sec. 5.

    Said assistant prosecuting attorneys and other employees appointed by said prosecuting attorney under this act shall hold office during the pleasure of the prosecuting attorney.

History: 1925, Act 329, Eff. Aug. 27, 1925 ;-- CL 1929, 1301 ;-- CL 1948, 49.35

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1988–2025 · leading case: Hughson v. Cnty. of Antrim, 707 F. Supp. 304 (W.D. Mich. 1988).
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Hughson v. Cnty. of Antrim, 707 F. Supp. 304 (W.D. Mich. 1988). · cites it 2× “§ 49.35 provides: Said assistant prosecuting attorneys and other employees appointed by said prosecuting attorney under this act shall hold office during the pleasure of the prosecuting attorney.”
Feick v. Monroe Cnty., 582 N.W.2d 207 (Mich. Ct. App. 1998). “See MCL 49.35; MSA 5.795, which provides that “assistant prosecuting attorneys and other employees appointed by said prosecuting attorney under this act shall hold office during the pleasure of the prosecuting attorney.”
Monks v. Marlinga, 732 F. Supp. 749 (E.D. Mich. 1990). · cites it 2× “Mich.Comp.Laws Ann. § 49.33. Additionally, [s]aid assistant prosecuting attorneys and other employees appointed by said prosecuting attorney under this act shall hold office during the pleasure of the prosecuting attorney.”
Genesee Cnty. Soc. Servs. Workers Union v. Genesee Cnty., 502 N.W.2d 701 (Mich. Ct. App. 1993). · cites it 2× “] In support of his statutory authority to revoke employment at his pleasure, the prosecutor relied upon § 5 of the act, MCL 49.35; MSA 5.795: Said assistant prosecuting attorneys and other employees appointed by said prosecuting attorney under this act shall hold office during…”
Beth Bauer v. Cnty. of Saginaw (Mich. Ct. App. 2020). · cites it 13× “31 and MCL 49.35 of the prosecutors’ appointment/tenure statute, MCL 49.”
MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2025). · cites it 8× “31 and MCL 49.35, Lucido asserted that he could “insist” that the HRLR reclassify Burke because this employment decision was solely Lucido’s decision to make.”
Beth Bauer v. Cnty. of Saginaw (Mich. Ct. App. 2020). · cites it 3× “, enacted in 1976, broadly protects the right of public-sector employees to engage in political activity without fear of retribution.”
Jennifer Janetsky v. Cnty. of Saginaw (Mich. 2025). “In coming to this conclusion, the Court of Appeals relied on the independence of county prosecutors under Const 1963, art 7, § 4, and MCL 49.35, among other statutes, in concert with the “economic-reality test.”
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.