Rule 3.914.Prosecuting Attorney

MCR 3.914 collects the prosecuting attorney's responsibilities across every kind of juvenile case in one place. Some of what the rule assigns is triggered by a request from someone else, either the court or the child welfare agency. Other pieces are exclusive: nobody else can do them.

The general duty

Subrule (A) makes the court the trigger. On request of the court, the prosecuting attorney shall review the petition for legal sufficiency and shall appear at any child protective proceeding or any delinquency proceeding. The obligation is mandatory once the request is made, and it reaches both sides of the docket.

Delinquency

Subrule (B) contains the rule's most consequential grant. Under subrule (B)(1), only the prosecuting attorney may request the court to take jurisdiction of a juvenile under MCL 712A.2(a)(1). That is a gatekeeping power over the delinquency door, and it does not depend on a request from the court. Subrule (B)(2) then requires participation rather than mere availability: the prosecuting attorney shall participate in every delinquency proceeding under MCL 712A.2(a)(1) that requires a hearing and the taking of testimony.

Child protective proceedings

Subrule (C) treats the prosecutor as counsel to the agency rather than as the driver of the case. Under subrule (C)(1), on request of the Michigan Department of Health and Human Services or of an agent under contract with the department, the prosecuting attorney shall serve as a legal consultant to the department or agent at all stages of a child protective proceeding. Subrule (C)(2) supplies the alternative when that does not happen. The agency may retain legal representation of its choice when the prosecuting attorney does not appear on behalf of the agency or an agent under contract with the agency, so the agency is not left without a lawyer.

Designating a case for trial in the same manner as an adult

Subrule (D) splits designation into two tracks and reserves both to the prosecutor:

• Under subrule (D)(1), where the petition alleges a specified juvenile violation, only the prosecuting attorney may designate the case, or request leave to amend a petition to designate the case, for trial of the juvenile in the same manner as an adult.
• Under subrule (D)(2), where the petition alleges an offense other than the specified juvenile violation, only the prosecuting attorney may request the court to designate the case for that kind of trial.

The verbs differ, and the difference is the point. On a specified juvenile violation the prosecutor designates. On any other offense the prosecutor asks the court to designate. In both settings the prosecutor is the only person who may start the process.

Minor personal protection orders

Subrule (E) adds one more assignment. The prosecuting attorney shall prosecute criminal contempt proceedings as provided in MCR 3.987(B).