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Prosecutorial Discretion: What It Is and Why It Matters in a Constitutional County

By Attorney Greg Todd | November 1, 2023

As many know, the Ottawa County Board of Commissioners passed a Resolution in May of 2023, declaring Ottawa County,  Michigan a Constitutional County. The Resolution passed 9-1, with a Republican majority, and the lone Democrat voting against. *Since that time however, there have been many arguments against the credibility of this Resolution.

The more persuasive arguments against it go something like this: local officials, (such as our sheriff or prosecutor), do not have the authority to decide which laws to enforce without upsetting the balance of powers. The argument usually concludes with a hardline statement that the authority to make these decisions lays solely with the Courts.

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