Michigan Compiled Laws
Mich. Comp. Laws § 49.71 (2026)
County civil attorney; employment, compensation.
✓ current as of July 2026
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COUNTY CIVIL COUNSEL
Act 15 of 1941
49.71 County civil attorney; employment, compensation.
Sec. 1.
The board of supervisors of any county by a majority vote of the members-elect may employ an attorney to represent the county in civil matters, whenever the board determines that the prosecuting attorney is unable to properly represent the county. Such attorney shall receive such compensation as shall be determined by the board of supervisors.
History: 1941, Act 15, Eff. Jan. 10, 1942 ;-- Am. 1945, Act 18, Eff. Sept. 6, 1945 ;-- CL 1948, 49.71 ;-- Am. 1952, Act 16, Eff. Sept. 18, 1952 ;-- Am. 1957, Act 5, Imd. Eff. Mar. 20, 1957
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1972–2026 · leading case: Wayne Cnty. Prosecuting Attorney v. Wayne Cnty. Bd. of Commissioners, 205 N.W.2d 27 (Mich. Ct. App. 1972).
Wayne Cnty. Prosecuting Attorney v. Wayne Cnty. Bd. of Commissioners, 205 N.W.2d 27 (Mich. Ct. App. 1972). “I Does 1941 PA 15 , as amended (MCLA 49.71, 49.72; MSA 5.824, 5.825), unconstitutionally restrict the constitutional office of prosecuting attorney? The constitutional provisions relating to the authority of the Legislature, a board of commissioners, and a prosecuting attorney…”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996). “§ 49.71; M.S.A. § 5.824. [16] Quoting Attorney General ex rel.”
In re Beck, 793 N.W.2d 562 (Mich. 2010). “If a designated official of either the state or a county family independence agency brings an action under this act on behalf of the minor or the' child who has reached 18 years of age, then the prosecuting attorney or an attorney employed by the county under section 1 of 1941…”
Bay Cnty. Exec. v. Bay Cnty. Bd. of Commissioners, 443 N.W.2d 168 (Mich. Ct. App. 1989). “We reverse the order of dismissal issued by the circuit court and hold that the Bay County Board of Commissioners had no authority under the county civil counsel act, 1941 PA 15 , MCL 49.71 et seq.; MSA 5.824 et seq., to eliminate the Bay County Department of Corporation…”
Bay Cnty. Exec. v. Bay Cnty. Bd. of Commissioners, 342 N.W.2d 96 (Mich. Ct. App. 1983). “5 On February 9, 1982, defendant adopted a resolution providing in part that, pursuant to MCL 49.71; MSA 5.824, the board of commissioners: "Shall employ an attorney to represent [certain elected county officials, including plaintiff] in civil matters, as a defendant, when…”
Artibee v. Cheboygan Circuit Judge, 221 N.W.2d 225 (Mich. Ct. App. 1974). “15 of the Public Acts of 1941, as amended, being section 49.71 of the Compiled Laws of 1948, shall represent the complainant in initiating and conducting the proceedings under this act.”
Outside Legal Couns. Plc v. Cnty. of Saginaw (Mich. Ct. App. 2026). “MCL 49.71;3 MCL 49.73.4 Assuming, without deciding, that a county 3 “The board of supervisors of any county by a majority vote of the members-elect may employ an attorney to represent the county in civil matters, whenever the board determines that the prosecuting attorney is…”
Mackinac Cnty. Prosecuting Attorney v. Mackinac Cnty. Clerk, 237 N.W.2d 547 (Mich. Ct. App. 1975). “330; and two, the board made no express "determination” that the prosecuting attorney was "unable to properly represent the county”, MCLA 49.71; MSA 5.824. *541 We agree that the statutory requirements for calling a "special meeting” were not complied with when the May 24, 1973,…”
in Re Beck Minors (Mich. 2010). “If a designated official of either the state or a county family independence agency brings an action under this act on behalf of the minor or the child who has reached 18 years of age, then the prosecuting attorney or an attorney employed by the county under section 1 of 1941 PA…”
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