Michigan Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
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Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

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FAQ

About. On October 19, 2020, John Durham was appointed by Attorney General William Barr to serve as the Special Counsel by the order below.

The Prosecuting Attorney is an elected official with a four-year term as provided by the Michigan Constitution. Elections occur at the time of the Presidential election, on the partisan ballot. The elected county Prosecuting Attorney is independent of the Michigan Attorney General.

The Department of Justice ? or ?DOJ? ? is the agency responsible for enforcing the federal law of the United States. The Attorney General of the United States ? appointed by the President and confirmed by the Senate ? heads the DOJ with its more than 100,000 attorneys, special agents, and other staff.

A senior prosecuting attorney may be appointed to serve as a special prosecutor in a county in which the senior prosecuting attorney previously served if the court finds that the appointment would not create the appearance of impropriety.

Act as chief law enforcement official for the County. Review, authorize and prosecute violations of felony and misdemeanor criminal laws of the State of Michigan and County ordinances committed inside the County. Authorize and prosecute felony and misdemeanor juvenile delinquency offenses.

A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it's deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter.

A special prosecutor is a prosecutor who is independent of an office that would normally exercise jurisdiction in a criminal investigation?to avoid potential conflicts of interest or to facilitate subject matter area expertise.

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Michigan Order Appointing Special Prosecutor