Wayne County Prosecutor's Office

Prosecuting Attorney of Wayne County
Flag of Wayne County
Incumbent
Kym Worthy
since July 16, 2004
Term lengthFour years
Websitehttps://www.waynecounty.com/elected/prosecutor/home.aspx

The Prosecuting Attorney of Wayne County is in charge of the office that prosecutes felony and misdemeanor crimes that occur within Wayne County, Michigan, United States. The current prosecuting attorney (DA) is Kym L. Worthy.

According to the district attorney's official website, the office prosecutes over 52% of all felony cases in Michigan.[1] The office is the 10th largest case load of criminal cases in America.[1]

The published mission of the office: "The mission of the Wayne County Prosecutor's Office is to pursue justice, to safeguard the community by demanding accountability for those who commit crimes and to enhance the quality of life by changing the culture of violence."[1]

The current makeup of the office is 180 assistant prosecuting attorneys, 24 investigators, and 70 clerical and non-lawyer support staff.[2] The Fiscal year Budget for the office was $63,424,485.00 in Expenditures for the 2022–23.[3] The expended pudge for 2023–24 is estimated to be $61,608,625.00.[3]

History

Before Michigan became a state in the Territorial dates, the Territorial Governor could appoint Public Prosecutors for a term of two years.[4]

When the office of the Prosecuting Attorney was the county's Lawyer to advise County officials. "The principal business of the Prosecuting Attorney is the conduct of criminal cases. The office was also responsible for representing the county in all suits where the County was named as a party. In exercising this function, he is not, or should not be, a prosecutor in the ordinary acceptance of the word, for the law provided that he shall safeguard the rights of defendants." He is not even permitted to tell a jury that the defendant is guilty of the offense charged."[4]

On June 17, 1971, the Wayne County Board of Commissioners passed a resolution to employ a civil counsel to act as the office of corporation counsel to represent the city in all civil cases. Removing the power to represent the county in civil cases from the County Prosecutor. This was done under a state law allowed at the time.

""WHEREAS, the Board of Commissioners to implement County Reorganization, will need independent, impartial and unbiased legal counsel to represent the Board of Commissioners in all legal matters relating to Wayne County."

"RESOLVED, that the Civil Division of the Prosecuting Attorney's Office be removed from the Office of the Prosecuting Attorney and that the Civil Division be designated as the Office of the Wayne County Corporation Counsel."

The resolution claimed that the "complexity of civil litigation involving the county" had increased, and the Prosecuting attorney had increased the number of criminal prosecutors to 37 but not increased the staff of the civil division.

The then-county prosecutor William L. Cahalan sued over this resolution. Wayne County Prosecuting Attorney v Wayne County Board of Commissioners (1972) 205 N.W.2d 27, 44 Mich. App. 144. The Court of Appeals found the board of commissioners did not abuse their discretion under state law. The removing the civil caseload from the prosecutor's office.

In 2000, Wayne County Prosecutor had a staff of 160 assistant prosecutors on staff and handed two-thirds of the state's 60,000 felony cases.

Makeup of the Office

Administration Division[3]

Communications Division[3]

Juvenile Division[3]

Criminal Investigation Division (CID)[3]

Screening and District Courts Division[3]

Trial Division[3]

Research, Training and Appeals Division[3]

Special Operations Divisions[3]

  1. the Asset Forfeiture Unit, which contains two sub-units,
    • the Drug House Unit
    • the Vehicle Seizure Unit,
  2. the Deed & Mortgage Fraud Unit
  3. the Prosecutor's Auto Theft Unit (PATU)
  4. the Wayne County Arson Reduction Unit (WAR)
  5. the Business Protection Unit
  6. the Public Integrity Unit.

Special Prosecutions Division[3]

Special Victim's Division[3]

  1. Child Abuse (“CA”)
  2. Domestic Violence (“DV”)
  3. Elder Abuse (“EA”)
  4. Sexual Assault Team/Human Trafficking (“SAT/HT”)
  5. Wayne County Sexual Assault Kit Initiative Task Force (“SAKI/WCSAKTF”)
  6. Lesbian, Gay, Bisexual, Transgender (“LBTQ/Fair Michigan Justice Project”)
  7. Animal Protection (“APU”).

Victim Service Unit[3]

Information Technology Division[3]

Conviction Integrity Unit[3]

Conviction Integrity Unit Outcome

In March 2018 the newly created Conviction Integrity unit worked on overturing the Conviction of Richard Phillips, at the time of his conviction he was 27. At the time of the overturning conviction he was 71-years-old.[5]

List of Prosecuting Attorneys of Wayne County Prosecuting Attorneys under Michigan Territorial

Num. Name Term
1 Charles Larned 1819–1828[4]
2 Warner Wing 1828[4]
3 B.F.H. Witherell 1829[4]
4 Warner Wing 1830[4]
5 B.F.H. Witherell 1831[4]
6 James Q Adams 1833[4]
7 B.F.H. Witherell 1834[4]

List of Prosecuting Attorneys of Wayne County Prosecuting Attorneys under 1835 Constitution

Num. Name Term
1 Benj. F. H. Wiherell 1835–1840[4]
2 James A. Van Dyke 1840–1843[4]
3 A.W. Buell 1843–1846[4]
4 William Hale 1846–1849[4]
5 D. Stuart 1849–1853[4]
6 A. T. McReynolds 1853–1855[4]
7 J.C. P. Emmons 1855–1857[4]
8 J. Knox Galvin 1857–1860[4]
9 D.E. Harbaugh 1860–1862[4]
10 J. Knox Galvin 1862–1866[4]
11 Jared Patchin 1866–1867[4]
12 G.Hebden 1867–1869[4]
13 Philip J. Van Dyke 1869–1873[4]
14 Fitzwilliam H. Chambers 1873–1875[4]
15 John G. Hawley 1875–1877[4]
16 Henry N. Brevoort 1877–1881[4]
17 Michael Firnane 1881–1883[4]
18 James Caplis 1883–1885[4]
19 George F. Robinson 1885–1889[4]
20 James V. D. Wilcox 1889–1891[4]
21 Samuel W. Burroughs 1891–1893[4]
22 Allan H. Frazer 1893–1901[4]
23 Ormond F. Hunt 1901–1907[4]
24 George F. Robison 1907 (Died in office)[4]
25 George B Yerkes 1907–? Appointed to fill the vacancy[4]

Partial List of Wayne County Prosecuting Attorneys

Num. Name Term
X Paul W. Voorhies 1921[6]
X W.T. "Peck" Powers 1926
X Robert M. Toms 1927
X James E. Chenot 1929
X Harry S. Toy 1931
X Duncan C. McCrea 1939
X William E. Dowling 1944
X James N. McNally 1949
X Gerald K. Obrien 1946–1959
X Samuel H. Olsen 1957–1967
X William L. Cahalan 1967–1983
X John O'Hair 1983–1999
X Mike Duggan 2001–2004
X Kym L. Worthy 2004–present

References

  1. ^ a b c "Prosecutor". Prosecutor Wayne Michigan. Retrieved 11 December 2023.
  2. ^ "Prosecutor's Corner". Wayne County Prosecutor. Retrieved 11 December 2023.
  3. ^ a b c d e f g h i j k l m n o "Budget | Management & Budget". www.waynecounty.com. Retrieved 2023-12-11.
  4. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah The Government of The City of Detroit and Wayne County, Michigan 1701 to 1907. Mannausa & Wieber. 1907. ISBN 978-0-598-45552-9.
  5. ^ "Detroit man spent more years wrongfully imprisoned than anyone". FOX 17 West Michigan News (WXMI). 2018-03-31. Retrieved 2023-12-11.
  6. ^ "Prosecutor, Staff are now in Office: Paul W. Voorhies Sworn in, Announces Aids". Detroit News. January 2, 1921.