SENATE BILL No. 115

February 6, 2001, Introduced by Senator SCHUETTE and referred to the Committee on

Judiciary.

A bill to amend 1846 RS 14, entitled

"Of county officers,"

by amending section 60 (MCL 49.160).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 60. (1) If the prosecuting attorney of a county is

2 DETERMINES HIMSELF OR HERSELF TO BE disqualified by reason of

3 conflict of interest or is otherwise unable to attend to the

4 duties of the office, the supreme court, the court of appeals or

5 the circuit court for that county, upon a finding to that effect

6 by the court, may appoint an attorney at law as HE OR SHE SHALL

7 FILE WITH THE ATTORNEY GENERAL A PETITION STATING THE CONFLICT OR

8 THE REASON HE OR SHE IS UNABLE TO SERVE AND REQUESTING THE

9 APPOINTMENT OF a special prosecuting attorney to perform the

10 duties of the prosecuting attorney in the respective court in

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1 any matter in which the prosecuting attorney is disqualified or

2 until such time as the prosecuting attorney is able to serve.

3 (2) If the prosecuting attorney of a county is disqualified

4 by reason of conflict of interest or is otherwise unable to

5 attend to the duties of the office, the circuit court for that

6 county, upon a finding to that effect by the court, may appoint

7 an attorney at law ATTORNEY GENERAL DETERMINES THAT A PROSECUT-

8 ING ATTORNEY IS DISQUALIFIED OR OTHERWISE UNABLE TO SERVE, THE

9 ATTORNEY GENERAL MAY ELECT TO PROCEED IN THE MATTER OR MAY

10 APPOINT A PROSECUTING ATTORNEY OR ASSISTANT PROSECUTING ATTORNEY

11 WHO CONSENTS TO THE APPOINTMENT TO ACT as a special prosecuting

12 attorney to perform the duties of the prosecuting attorney in

13 the probate court, the district court, or any other court within

14 the county in any matter in which the prosecuting attorney is

15 disqualified or until such time as the prosecuting attorney is

16 able to serve.

17 (3) A special prosecuting attorney appointed under this sec-

18 tion is vested with all of the powers of the prosecuting attorney

19 for the purpose of the appointment and during the period of

20 appointment. THE COST OF PROSECUTION, OTHER THAN PERSONNEL

21 COSTS, IN ANY MATTER HANDLED BY A SPECIAL PROSECUTING ATTORNEY

22 SHALL BE BORNE BY THE OFFICE OF THE PROSECUTING ATTORNEY WHO HAS

23 BEEN DETERMINED TO BE DISQUALIFIED OR OTHERWISE UNABLE TO SERVE.

24 A COMPLAINT THAT IS AUTHORIZED BY A SPECIAL PROSECUTING ATTORNEY

25 SHALL ALSO BE AUTHORIZED BY THE ATTORNEY GENERAL OR THE ATTORNEY

26 GENERAL'S REPRESENTATIVE BEFORE PRESENTMENT OF THE COMPLAINT TO A

27 COURT FOR THE ISSUANCE OF AN ARREST WARRANT.

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1 (4) This section shall DOES not apply if an assistant

2 prosecuting attorney has been or can be appointed by the prose-

3 cuting attorney pursuant to section 18 of chapter 16 of Act

4 No. 175 of the Public Acts of 1927, being section 776.18 of the

5 Michigan Compiled Laws THE CODE OF CRIMINAL PROCEDURE, 1927 PA

6 175, MCL 776.18, to perform the necessary duties within the con-

7 straints of that section or if an assistant prosecuting attorney

8 has been otherwise appointed by the prosecuting attorney pursuant

9 to law and is not disqualified from acting in place of the prose-

10 cuting attorney.

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