ASSISTANT PROSECUTING ATTORNEYS
Act 41 of 1911
49.42 Assistant prosecuting attorneys; tenure, duties, oath of office, compensation.
Sec. 2.
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 by the prosecuting attorney and during the absence or disability from any cause of the prosecuting attorney, but he shall be subject to all the legal disqualifications and disabilities of the prosecuting attorney, and shall before entering upon the duties of his office take and subscribe the oath of office prescribed by the constitution of this state and file the same with the county clerk of his county. The compensation of any such assistant prosecuting attorney shall be paid by the prosecuting attorney appointing him.
History: 1911, Act 41, Eff. Aug. 1, 1911 ;-- CL 1915, 2420 ;-- CL 1929, 1304 ;-- CL 1948, 49.42
Compiler's Notes:
In this section, “the constitution of this state” evidently refers to the Constitution of 1908. See now Const. 1963, Art. XI, § 1.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1950–2024 · leading case:
Feick v. Monroe Cnty., 582 N.W.2d 207 (Mich. Ct. App. 1998).
Feick v. Monroe Cnty., 582 N.W.2d 207 (Mich. Ct. App. 1998).
“” [Quoting MCL 49.42, 49.52; MSA 5.802, 5.812.] . . .”
St. Clair Prosecutor v. Am. Fed'n, 388 N.W.2d 231 (Mich. 1986).
“[MCL 49.42; MSA 5.802.]_ *226 No party or tribunal in this case has questioned that the statute, standing alone, gives the prosecutor the authority to appoint, supervise, and terminate apas.”
Monks v. Marlinga, 732 F. Supp. 749 (E.D. Mich. 1990).
· cites it 2× “Mich.Comp.Laws Ann. §§ 49.42, 49.52. This language supports the view that political affiliation is a pertinent requirement for the effective performance of an assistant prosecutor’s duties.”
Monks v. Marlinga, 923 F.2d 423 (6th Cir. 1991).
“The district judge correctly recognized that under a Michigan statute, an assistant prosecutor must “perform any *426 and all duties pertaining to the office of prosecuting attorney_” Mich.Comp. Laws Ann. § 49.42. Moreover, in holding that the job of public defender is not a…”
People v. LaPine, 232 N.W.2d 401 (Mich. Ct. App. 1975).
· cites it 8× “801 is subject to the same legal disqualifications and disabilities as the prosecuting attorney, MCLA 49.42; MSA 5.802, *348 including that contained in MCLA 776.”
Michigan Council 25, Am. Fed'n of State, Cnty. & Mun. Employees v. St Clair Cnty., 357 N.W.2d 750 (Mich. Ct. App. 1984).
· cites it 4× “However, we also did indicate that there is not any reference to *736 a "posited inapplicability of MCL 49.42; MSA 5.802”. We then went on to hold that there was a bona fide dispute over whether the discharge was "improper” and that the collective-bargaining agreement outlined a…”
Wayne Cnty. Prosecuting Attorney v. Wayne Cnty. Bd. of Commissioners, 205 N.W.2d 27 (Mich. Ct. App. 1972).
“792, MCLA 49.42; MSA 5.802. The trial judge’s analysis of the matter warrants reiteration here for its lucid holding in this regard: "In construing the legislative intention regarding this matter, it must be assumed that the Legislature in *155 tended to enable the commissioners…”
People v. Jarboe, 157 N.W.2d 321 (Mich. Ct. App. 1968).
“The statute controlling the duties of assistant prosecuting attorneys is CL 1948, § 49.42 (Stat Ann 1961 Rev § 5.802): “Any such assistant prosecuting attorney shall hold his office during the pleasure of the prosecuting attorney appointing him, perform any and all duties…”
People of Michigan v. Anthony Daniel Walker (Mich. Ct. App. 2016).
“-7- under MCL 49.42, an assistant prosecutor is permitted to “perform any and all duties pertaining to the office of the prosecuting attorney at such time or times as he may be required so to do by the prosecuting attorney and during the absence or disability from any cause of…”
Blunt v. Roseville, City of (E.D. Mich. 2024).
“Law § 49.42 (assistant prosecuting attorneys serve at the pleasure of the prosecuting attorney who appointed them and perform all duties required by the prosecuting attorney); id.”
People of Michigan v. Jack Leroy Wine Jr (Mich. Ct. App. 2015).
“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 by the prosecuting attorney and during the absence or disability from any cause of the prosecuting attorney[.”
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