The Prosecuting Attorney is an elected official with a four-year term of office, as provided by the Michigan Constitution. Elections occur at the time of the Presidential election, on the partisan ballot. The Prosecuting Attorney is independent of the Michigan Attorney General.
The office is divided into the following divisions: Criminal, Family Support and Juvenile. Each division has specific attorneys assigned to it and is structured to serve that division's unique needs. Additionally, the Victim/Witness Unit of the office performs services for victims of crime as mandated under the Crime Victims Rights Act.
The Prosecuting Attorney's office is responsible for a wide array of legal functions for Montcalm County. There are over 250 mandated and non-mandated duties for prosecutors, by law. Some of these duties include:
- Chief law enforcement official in the County
- Reviews, authorizes and prosecutes violations of felony and misdemeanor criminal laws of the State of Michigan committed inside the County, the primary law enforcement agencies include the:
- Authorizes and prosecutes felony and misdemeanor juvenile delinquency offenses
- Represents the County in criminal matters before the District and Circuit Courts; juvenile delinquency, parental neglect and miscellaneous probate matters in the Circuit Court/Family Division and the Probate Court, and appeals in the Court of Appeals and Michigan Supreme Court.
- Advises and represents the Michigan Department of Health and Human Services on child abuse and neglect petitions, and actions to terminate parental rights
- Attends contested mental health commitment hearings
- Represents and advises the County Board of Commissioners and other County departments on legal matters
- Files and prosecutes actions to establish paternity
- Files actions to establish an initial family support order