COUNTY CIVIL COUNSEL
Act 15 of 1941
49.73 Employment of attorney to represent elected county officers; compensation; MCL 691.1408 not superseded.
Sec. 3.
The board of commissioners of a county shall employ an attorney to represent elected county officers, including the sheriff, prosecuting attorney, clerk, treasurer, county surveyor, county executive, register of deeds, drain commissioner, mine inspector, public works commissioner, and judges of the county district, probate, and circuit courts in civil matters, as a defendant, when neither the prosecuting attorney or county corporation counsel is able to represent the particular officer. Legal advice, counsel, or court action shall be required under this section only in a case which involves an official act or duty of the office of the county officer. The attorney shall receive reasonable compensation as shall be determined by the board of commissioners. This section shall not supersede section 8 of Act No. 170 of the Public Acts of 1964, being section 691.1408 of the Michigan Compiled Laws.
History: Add. 1978, Act 508, Imd. Eff. Dec. 13, 1978
Notes of Decisions
Employees & Judge of the Second Jud. Dist. Court v. Hillsdale Cnty., 378 N.W.2d 744 (Mich. 1985).
· cites it 18× “As there has been no determination of the reasonableness of the attorney fees incurred by the circuit judge in Cheboygan in connection with his representation before this Court, we remand for a determination of the reasonableness of the attorney fees incurred.”
46th Circuit Trial Court v. Crawford Cnty., 682 N.W.2d 519 (Mich. Ct. App. 2004).
· cites it 12× “5 In concluding that the counties were responsible for payment of the Trial Court’s attorney fees, the lower court relied, in part, on MCL 49.73, which requires that a county board of commissioners “employ an attorney to represent elected county officers” named “as a defendant”…”
46th Circuit Trial Court v. Crawford Cnty., 702 N.W.2d 588 (Mich. Ct. App. 2005).
· cites it 4× “The lower court also determined that the Trial Court was entitled to attorney fees under MCL 49.73, which requires a county to secure and fund outside counsel for a county official, including a judge, *602 who is named as a defendant, based on the Counties' counterclaims.”
Wayne Cnty. Sheriff v. Wayne Cnty. Bd. of Commissioners, 494 N.W.2d 14 (Mich. Ct. App. 1992).
· cites it 8× “In essence, the trial court determined that because the county paid Angelas to represent the sheriff's office, and because he was competent and had unquestioned loyalty to the sheriff, it had complied with MCL 49.73; MSA 5.826, and had no obligation to provide additional legal…”
Seventeenth Dist. Prob. Court v. Gladwin Cnty. Bd. of Commissioners, 401 N.W.2d 50 (Mich. Ct. App. 1986).
“Did the trial court err by requiring defendant Gladwin County Board to pay plaintiff’s attorney fees? In ordering the payment of the claim of plaintiffs attorneys as submitted, the trial court relied upon MCL 49.73; MSA 5.826. We find that statute inapplicable since that statute…”
Wayne Cnty. Sheriff v. Wayne Cnty. Bd. of Commissioners, 385 N.W.2d 267 (Mich. Ct. App. 1983).
“The statute cited by plaintiff in support of an award of fees, MCL 49.73; MSA 5.826, requires the board of commissioners to employ attorneys to represent the sheriff when the latter is named as a defendant, but contains no language authorizing, let alone requiring, employment of…”
MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2024).
· cites it 3× “As an example of a law permitting the use of independent legal counsel, the parties discuss MCL 49.73, which requires the provision of independent legal counsel to a county prosecutor under specific conditions: The board of commissioners of a county shall employ an attorney to…”
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