South Carolina Criminal Defense Blog

Macomb County prosecutor Eric Smith has threatened to sue the county if his budget is cut, saying that it would be unconstitutional - referring to a clause in the Michigan Constitution which says that every Michigan County must create and maintain a prosecutor's office.

"We're looking at chaos," Smith said. "Some of our prosecutors are handling over 100 files in some district courtrooms. That's not adequate representation for the victims of crime in this county."

Ok. I suspect that many public defenders out there will laugh at the terrible plight of the Macomb County prosecutor who must suffer with a case load of more than 100 files. Particularly considering the logistical support that any prosecutor has when preparing a case for trial (investigators, help from the arresting agency, pretty much anything that they want they will get it).

Macomb County does not even have a public defender's office yet, although recently the creation of one was approved. Smith opposed the creation of a public defender's office, citing concerns that the county already spends $3 million dollars a year on appointed attorneys.

Under the proposed budget cuts, "the prosecutor's office would lose $735,269 from its estimated $9.8 million budget in 2010, a 7.5 percent cut. Another $2.4 million would be cut from the sheriff's 2010 budget, estimated to be about $63 million."

Glad to see that our priorities are straight, and that the good people of Michigan are working hard to preserve and protect their constitutional right to be prosecuted. Never mind Gideon and the Sixth Amendment.