Legal Question in Criminal Law in Michigan

if a child creates a b&e and his mother works for the prosecutor, do the bring in a different prosecutor?


Asked on 8/25/14, 9:05 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

It's not an automatic recusal. This can create a level of conflict that causes the prosecutor's office to seek to recuse itself. It may depend on what role the child's mother has in the office, whether the mother's access to file information can be restricted, etc. An office with three employees (including the mother) would almost surely have to step aside, but an office as large as Wayne County's would likely not because there are many hundreds of employees, so the mother's actual role in the office and their ability to make charging, case resolution or trial decisions would tip the scales. If the prosecutor certifies to the attorney general that a conflict exists, then the AG's office has to approve that decision and then determines which other county's prosecutor's office would take over.

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Answered on 8/25/14, 9:52 am


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