October 18, 2011, Introduced by Rep. Johnson and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 18 of chapter XVI (MCL 776.18).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XVI
Sec.
18. The prosecuting attorney may , under the direction of
the
court, procure such the assistance
in the trial of any person
charged
with a felony as he may deem or
she considers necessary.
for
the trial thereof, and the prosecuting attorney may, under the
direction
of the court, in case of disability of the prosecuting
attorney,
The prosecuting attorney may appoint an assistant to
perform
his or her duties during a period when the disability
of
the
prosecuting attorney, and such prosecuting
attorney is unable
to perform those duties. An assistant appointed under this section
shall
be allowed such paid reasonable compensation as determined by
the
board of supervisors or the board of county auditors, in
counties
having county auditors shall determine, as applicable, for
his
those services. to be paid by the county treasurer upon
presenting
to said board the certificate of the circuit judge of
the
county for which such services were performed, certifying to
the
services rendered by such assistant: Provided, That no No
person
or attorney shall be employed or appointed as assistant
prosecutor
who is interested as an attorney
or otherwise in any a
case
involving the same facts or circumstances involved in the
cases
a case to be conducted or tried by said the assistant ,
prosecutor
or who has received any compensation
from any person or
persons
who are interested in such with
an interest in those cases.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5091(request no.
02939'11) of the 96th Legislature is enacted into law.