what are the duties of the attorney of michigan

by Joanie Wuckert 5 min read

Overseeing more than 500 lawyers, investigators, and other employees, the Attorney General:

  • Represents the People of Michigan in civil and criminal matters before trial courts, appellate courts and the supreme courts of Michigan and the United States.
  • Serves as legal counsel to state officers and, with few exceptions, to state agencies, boards and commissions.
  • Assists prosecuting attorneys, local law enforcement and federal criminal justice agencies in the administration of justice.

When public legal matters arise, he renders opinions on matters of law, and provides legal counsel for the legislature and for each officer, department, board, and commission of state government. He provides legal representation in court actions and assists in the conduct of official hearings held by state agencies.

Full Answer

What does the Attorney General of Michigan do?

The attorney general oversees the Office of the Attorney General, which is in charge of prosecuting the laws of the state of Michigan. In Michigan, the attorney general is popularly elected in midterm election years and serves terms lasting four years.

How do I get a durable power of attorney in Michigan?

(2) Subject to section 1202, a durable power of attorney under this section must be dated and signed voluntarily by the principal or signed by a notary public on the principal's behalf under section 33 of the Michigan law on notarial acts, 2003 PA 238, MCL 55.293. The durable power of attorney must be 1 or both of the following:

How long is the term for Michigan Attorney General?

The attorney general is an elected position up for election each alternate even-numbered year. Per the Michigan Constitution of 1963, the attorney general serves a four-year term of office. Originally this was an appointed position until the 1950 State Constitution.

What is the Michigan Attorney General doing to fight human trafficking?

The Michigan Attorney General is leading the fight against this horrific crime by prosecuting the state's first-ever criminal cases under state law banning human trafficking in Michigan. Victims of human trafficking are in bondage through force, fraud or coercion, for the purpose of sex or labor exploitation.

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What is the Attorney General responsible for in Michigan?

The Attorney General's responsibilities include safeguarding the public from violent criminals, helping victims of crimes, leading the fight against human trafficking and opioid abuse, preserving Michigan's spectacular natural resources, protecting consumers and addressing illegal business practices.

What is the role of the attorneys?

Attorneys advise clients on various legal strategies and ongoing litigations, research various aspects of their cases to support their clients' claims, create case strategies that best meet the client's goals and appear in court before a jury or judge to defend a client's interests and rights.

What does the State Bar of Michigan do?

The mission of the State Bar is to aid in promoting improvements in the administration of justice and advancements in jurisprudence, improving relations between the legal profession and the public, and promoting the interests of the legal profession in this state. A Board of Commissioners governs the State Bar.

What is the average hourly rate for an attorney in Michigan?

between $205 and $463 per hourThe average hourly rate for a lawyer in Michigan is between $205 and $463 per hour.

What are 5 responsibilities of a lawyer?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•

What is the difference between an attorney and a lawyer?

It is helpful to remember that all attorneys are lawyers, but not all lawyers are attorneys. The major difference is that attorneys can represent clients in court and other legal proceedings, while lawyers cannot.

What does bar stand for?

BARAcronymDefinitionBARBachelor of ArchitectureBARBusiness Analysis ReportingBARBureau of Agricultural Research (Philippines)BARBackup and Recovery72 more rows

Can I take the bar without going to law school in Michigan?

An applicant need not have graduated from law school in order to take the MPRE and the MPRE may be taken an unlimited number of times. An applicant for admission must obtain a satisfactory score on the Michigan bar examination, or be eligible for admission without examination.

How hard is the Michigan bar exam?

In reality, it truly was a hard bar exam – it contained a tricky double jeopardy question, a very difficult evidence question, and myriad other questions that students had trouble with. But, to be honest, it was not super-hard compared to essay exams given in the past.

What is the highest paid job in Michigan?

Detailed List Of Highest Paying Jobs In MichiganRankJob TitleEntry Level Salary1Consultant And Sales Representative$171,0002Pain Management Physician$138,0003President/chief Executive Officer$133,0004Executive Vice President Of Sales$132,00088 more rows•Apr 11, 2022

What type of lawyer makes the most money?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.

What is the highest level of attorney?

A Doctor of Juridical Science degree is considered the highest level of a law degree and is designed for professionals who are looking to gain an advanced legal education after earning their JD and LLM.

What are the four roles of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What do attorneys do on a daily basis?

Lawyers affect our everyday lives in countless ways. They are involved in everything from buying a home, to writing a will, to prosecuting and defending criminals. They counsel, strategize, problem-solve, write, advocate, negotiate — the list is endless.

What is the role of the judge?

Judges provide instructions to juries prior to their deliberations and in the case of bench trials, judges must decide the facts of the case and make a ruling. Additionally, judges are also responsible for sentencing convicted criminal defendants. Most cases are heard and settled by a jury.

What do lawyers do besides court?

Outside of court, trial lawyers may review files, interview witnesses, or take depositions. Criminal defense lawyers and constitutional lawyers may also act as trial lawyers.

What is the compensation of a state executive officer in Michigan?

The Michigan Constitution allows that the compensation for the governor, lieutenant governor, secretary of state, and attorney general shall be provided by law, and is not to be altered during the term of office.

How long is the attorney general's term in Michigan?

In Michigan, the attorney general is popularly elected in midterm election years and serves terms lasting four years. Since 1993, the attorney general is limited to two terms in office.

What are the divisions of the Attorney General?

As of January 10, 2021, the attorney general's office is organized into five divisions: 1 Solicitor General 2 Consumer and Regulatory Enforcement Bureau 3 Environment and Government Operations Bureau 4 Office of Fiscal Management 5 Opinions Review Board

How much does the Attorney General make in 2020?

In 2020, the attorney general received a salary of $112,410, according to the Council of State Governments.

What branch of government is the Attorney General of Michigan?

The Attorney General of Michigan is an elected constitutional office in the executive branch of the Michigan state government. The attorney general oversees the Office of the Attorney General, which is in charge of prosecuting the laws of the state of Michigan. In Michigan, the attorney general is popularly elected in midterm election years ...

How many times can you be elected to the executive branch?

No person shall be elected more than two times to each office of the executive branch of government: governor, lieutenant governor, secretary of state or attorney general. Any person appointed or elected to fill a vacancy in the office of governor, lieutenant governor, secretary of state or attorney general for a period greater than one half ...

Who receives full compensation for all services performed and expenses incurred during his term of office?

The governor, lieutenant governor, secretary of state and attorney general shall each receive the compensation provided by law in full payment for all services performed and expenses incurred during his term of office.

Have Any More Questions About Conservatorships in Michigan?

If you are ever in a position where you must consider conservatorship for a loved one, it’s important to be prepared. Our probate attorney Dean Patrick understands the ins and outs of the complex Michigan probate court system, and can provide expertise and assistance with matters including:

What is the difference between a conservator and a guardian?

Ultimately, guardians can be said to make personal decisions on behalf of the protected person, such as medical or housing decisions. In contrast, conservators make decisions and take action regarding property and finances.

What is the hearing for a conservatorship?

A hearing is held, at which the judge will determine if a conservatorship is required based on “clear and convincing evidence.” If so, the court will then appoint a conservator who is suitable and willing to serve.

How often do conservators have to report to the court?

A conservator is expected to account to the court at least once per year, upon resignation or removal, and at other times as directed by the court. A conservator may also be asked to submit to a “physical check of the estate to be made in any manner the court specifies.”

Where do conservatorships have to be established?

Conservatorships must be established in the probate court. Even under the best of circumstances, these cases are often highly emotional, and the rules surrounding the appointment, removal, and duties of a conservator can be confusing. As you look deeper into conservatorships, it may prove important to consult with an experienced probate and conservatorship attorney, who can fight for your rights and the well-being of others.

What powers does a conservator have?

Broadly speaking, conservators also have distributive powers , and may expend or distribute estate income or principal “for the support, education, care, or benefit of the protected individual or the protected individual’s dependents” based on factors such as the recommendation of a guardian, the size of the estate, and the accustomed standard of living of the protected individual and their dependents.

How long does a protected individual have to live before filing a petition?

A relative of the protected individual with whom he or she has resided for more than 6 months before the petition is filed.

What Are the Powers and Duties of a Guardian?

Broadly speaking, the goal of a guardianship under Michigan law is to “encourage the development of maximum self-reliance and independence in the individual.” As a result, court orders establishing a guardianship must specify any limitations on the guardian’s powers, and any time limits on the guardianship.

When and How Is a Guardian Appointed?

Broadly speaking, any person interested in another individual’s welfare , or the individual acting on his or her own behalf , can petition the court for a finding of incapacity and the appointment of a guardian. This petition must contain specific facts about the individual’s condition, such as recent examples of conduct that demonstrate the need for a guardian.

Are There Alternatives to Guardianship?

This process is fairly intrusive by nature, and is not something to be taken lightly.

What do you need to know before filing a petition for guardianship?

Before filing a petition for guardianship with the probate court, the courts will provide information and explanations on alternatives, including appoint ing a conservator or delegating certain powers to an advocate or agent through durable powers of attorney.

What is a guardian in a petition?

A person previously appointed, qualified, and serving in good standing as guardian for the legally incapacitated individual in another state. A person whom the individual subject to the petition chooses to serve as their guardian, and who is willing to serve. A person nominated as guardian, patient advocate, or attorney in fact in ...

What is a guardian in Michigan?

In Michigan, guardianship grants the legal authority to care for another person, often along with their personal property and assets. Generally speaking, an adult guardian’s responsibility is to look out for the overall well-being and care of an incapacitated individual — that is, someone who cannot communicate or make informed general care and control decisions for themselves. An individual for whom a guardian is appointed is known as a ward.

How does a court order a guardian?

In order for a guardianship to be granted, the court must find “by clear and convincing evidence” that the individual lacks the understanding or capacity to make or communicate informed decisions, and that the appointment of a guardian will be necessary to provide for the individual’s care and supervision. The court may also dismiss the proceeding, or enter another appropriate order. Broadly speaking, the court will attempt to only grant a guardian those powers and only for that period of time as is necessary to provide for the demonstrated need of the incapacitated individual.

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Current Officeholder

Authority

Qualifications

  • Note: Ballotpedia's state executive officials project researches the constitutional or statutory text that establishes the requirements necessary to qualify for a state executive office. That information for the Attorney General of Michigan has not yet been added. After extensive research, we were unable to identify any relevant information on state official websites. If you ha…
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Elections

  • The attorney general is an elected position up for election each alternate even-numbered year. Per the Michigan Constitutionof 1963, the attorney general serves a four-year term of office. Originally this was an appointed position until the 1950 State Constitution.
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Vacancies

  • Vacancy appointments are addressed under Article V, Section 21. Whenever the attorney general's office is vacant the governor fills the position by appointment.
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Duties

  • The main duties of the attorney general are outlined in the Michigan Compiled Laws: 1. "Prosecute and defend all actions in the supreme court in which the state shall be interested" 2. "Intervene in and appear for the people of this state in any other court or tribunal, in any cause or matter, civil or criminal, in which the people of this state ma...
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Divisions

  • As of January 10, 2021, the attorney general's office is organized into five divisions: 1. Solicitor General 2. Consumer and Regulatory Enforcement Bureau 3. Environment and Government Operations Bureau 4. Office of Fiscal Management 5. Opinions Review Board
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Historical Officeholders

  • There have been 55 Attorneys General of Michigan since 1836. From 1836 to 1850, the attorney general of Michigan was an appointed position.
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Recent News

  • The link below is to the most recent stories in a Google news search for the terms Michigan Attorney General.These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
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Contact Information

  • 110 State Office Building 305 Lundington Escanaba, MI 49829 Phone: 906-786-0169 Fax: 906-786-6445 E-mail: [email protected]
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