Bill Text: MI SB1021 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Courts; court of appeals; independent counsel act; create. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-17 - Referred To Committee On Government Operations [SB1021 Detail]
Download: Michigan-2017-SB1021-Introduced.html
SENATE BILL No. 1021
May 17, 2018, Introduced by Senators BIEDA, ANANICH, HOPGOOD, KNEZEK, HERTEL, GREGORY, WARREN and YOUNG and referred to the Committee on Government Operations.
A bill to create the independent counsel act; to provide for
the powers and duties of certain state and local governmental
officers and entities; and to create a fund.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"independent counsel act".
Sec. 3. (1) If the governor or the attorney general determines
that the attorney general has a conflict of interest or the
appearance of a conflict of interest with respect to a specific
criminal investigation or specific criminal case, the governor or
the attorney general may petition the court of appeals to appoint
an independent counsel to proceed on the specific criminal
investigation or specific criminal case as provided in this act.
(2) A panel of the court of appeals, assigned as provided
under section 311 of the revised judicature act of 1961, 1961 PA
236, MCL 600.311, shall determine if an independent counsel must be
appointed by determining if the attorney general has a conflict of
interest in fact, or if the circumstances surrounding a specific
criminal investigation or specific criminal case present the
appearance of a conflict of interest.
(3) If the court of appeals determines that an independent
counsel must be appointed, the court shall do both of the
following:
(a) Select the individual who shall serve as the independent
counsel from a list of 5 attorneys licensed in this state who have
prosecutional experience provided by the attorney general.
(b) Issue an order disqualifying the attorney general and
defining the scope of the independent counsel's investigatory and
prosecutorial duties, including the length of the term to be served
by the independent counsel.
(4) If the governor made the petition under subsection (1),
the attorney general may appeal his or her disqualification under
subsection (3) to the full court of appeals. If the full court of
appeals affirms the determination of the panel under subsection
(3), the attorney general may appeal to the supreme court, the
decision of which is final.
(5) An independent counsel appointed under this section is
vested with all of the powers of a prosecuting attorney for the
purpose of the appointment and during the period of appointment,
including the power to investigate and initiate charges. The cost
of investigation and prosecution in any matter handled by an
independent counsel must be funded by the funds appropriated to the
independent counsel fund created under section 5.
(6) If after an independent counsel is appointed under
subsection (3) he or she discovers facts or evidence in the course
of his or her investigation or prosecution indicating that to
properly investigate or prosecute the criminal matter he or she
must exceed the scope of the order issued under subsection (3)(b),
the independent counsel shall petition the court of appeals panel
that appointed the independent counsel to amend that order.
(7) If a petition to amend the order issued under subsection
(3)(b) is denied, the independent counsel may appeal the denial to
the full court of appeals. If the full court of appeals affirms the
determination of the panel under subsection (6), the independent
counsel may appeal to the supreme court, the decision of which is
final.
(8) The supreme court may adopt rules regarding the procedure
governing the appointment of an independent counsel under this act.
Sec. 5. (1) The independent counsel fund is created within the
department of the attorney general.
(2) The department of the attorney general shall use the money
in the fund, on appropriation, only for the costs of administration
and implementation of this act and for any costs associated with
the administration of this act, including funding the costs of an
investigation and prosecution by an independent counsel.
(3) The state treasurer shall direct the investment of the
fund. The state treasurer shall credit to the fund interest and
earnings from fund investments.
(4) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
