Michigan Compiled Laws
Mich. Comp. Laws § 49.41 (2026)
Assistant prosecuting attorneys; appointment.
✓ current as of July 2026
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ASSISTANT PROSECUTING ATTORNEYS
Act 41 of 1911
49.41 Assistant prosecuting attorneys; appointment.
Sec. 1.
The prosecuting attorney of any county is hereby authorized and empowered to appoint an assistant prosecuting attorney. The appointment shall be in writing and filed with the clerk of his or her county.
History: 1911, Act 41, Eff. Aug. 1, 1911 ;-- CL 1915, 2419 ;-- CL 1929, 1303 ;-- CL 1948, 49.41 ;-- Am. 2012, Act 73, Imd. Eff. Apr. 6, 2012
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1968–2024 · leading case: People v. LaPine, 232 N.W.2d 401 (Mich. Ct. App. 1975).
People v. LaPine, 232 N.W.2d 401 (Mich. Ct. App. 1975). “Defendant contends that his conviction must be reversed because the attorney who was appointed to represent him at trial was also serving as an assistant prosecutor, pursuant to the provisions of MCLA 49.41; MSA 5.801, [1] during the time he was representing defendant.”
St. Clair Prosecutor v. Am. Fed'n, 388 N.W.2d 231 (Mich. 1986). “[MCL 49.41; MSA 5.801.] Any such assistant prosecuting attorney shall hold his office during the pleasure of the prosecuting attorney appointing him, perform any and all duties pertaining to the office of prosecuting attorney at such time or times as he may be required so to do…”
Michigan Council 25, Am. Fed'n of State, Cnty. & Mun. Employees v. St Clair Cnty., 357 N.W.2d 750 (Mich. Ct. App. 1984). “” MCL 49.41; MSA 5.801 authorizes the county prosecutor to select assistant prosecutors subject to the consent of the circuit court: "The prosecuting attorney of any county is hereby authorized and empowered to appoint an assistant prosecuting attorney, by and with the consent…”
People of Michigan v. Blake Anthony-William Barton (Mich. Ct. App. 2024). “160 (an act authorizing prosecuting attorneys in certain cases to appoint assistant prosecuting attorneys for their respective counties, and prescribing the powers and duties of such assistants); MCL 49.41 (empowering “[t]he prosecuting attorney of any county” to appoint…”
Kelly Amber Blunt v. City of Roseville, Mich. (6th Cir. 2024). “”); Mich. Comp. Laws § 49.41 (appointment of assistant prosecuting attorneys); id.”
Glancy v. Parole Bd., 293 F. Supp. 74 (E.D. Mich. 1968). “§ 49.41 provides for the appointment of assistant prosecuting attorneys by the prosecuting attorney.”
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