New state funding not enough to solve shortage of prosecutors, counties say

• The $17 million budget appropriation will address prosecutor shortages in 15 counties
• The funding falls far short of the $230 million county prosecutors requested
• The COVID-19 pandemic, low pay and high caseloads are factors contributing to the shortage

Ingham County Prosecuting Attorney John Dewane is struggling to keep up with his caseload.

His office needs two more assistant prosecuting attorneys, but few are applying. During recent interviews with three applicants, two had yet to take their bar exam.

“That’s the position we’re in,” Dewane said. “We are stuck with possibly hiring somebody that we don't even know if they're going to pass.”

Michigan is suffering from a nationwide public prosecutor shortage due to underfunded positions. A $17 million appropriation in the state’s 2024-25 budget will fund grants to try to address the shortage in counties with high rates of violent crime.

Prosecutors across the state say the funding will allow those 15 counties to raise salaries of assistant prosecutor positions, attracting applicants and improving the legal services given to residents.

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But many argue it’s not enough to solve the problem. In its initial budget proposal, the Prosecutors Association of Michigan, backed by Sen. John Cherry, D-Flint, asked the state for $230 million.

Only 15 counties will receive grants, according to the association: Berrien, Calhoun, Crawford, Eaton, Genesee, Ingham, Jackson, Kalamazoo, Kalkaska, Kent, Luce, Muskegon, Saginaw, Schoolcraft and Washtenaw.  Michigan’s other 68 counties won’t benefit from the allocation.

It’s a boon for counties getting the funds. For example, in Ingham, Dewane currently doesn’t have the resources to put his most experienced attorneys on every important case. This can slow criminal cases and impact the quality of the prosecution. 

“The attorneys that I entrust trying murder cases are my most seasoned attorneys,” he said. “If I don't have somebody who has that experience and I put somebody else in court, we may jeopardize the case.”

The state grants are a step toward resolving a historical issue with the justice system, said Washtenaw County Prosecuting Attorney Eli Savit.

In today’s cases, prosecutors routinely must sort through electronic evidence such as bodycams and online messages, Savit said. 

“Virtually every case that we have is more time-consuming than it was in decades previous,” he said.

Adam Gershowitz, a professor of criminal law at William & Mary Law School in Virginia, published a study last year about a national prosecutor vacancy crisis. Michigan was included in the study.

Alongside workload reasons, he found other contributing factors.

Two of them grew out of the COVID-19 pandemic. It added to a backlog of cases and led to many people working from home, which is hard for prosecutors who are expected to be in court regularly, wrote Gershowitz. 

That made prosecutor positions less appealing to potential applicants.

Despite the additional challenges, pay has remained flat due to budget constraints. In Ingham, like many other counties, assistant prosecutor annual salaries are funded at the local level and start at $67,000. Similar entry-level positions start at around $100,000 in the private sector, according to a 2023 survey from the State Bar of Michigan.

Savit expects Washtenaw to receive around $1 million from the new grant in October. He plans to use the money to hire two attorneys onto his team of 29 who can help work through the county’s backlog of domestic violence cases.

Closing gap with public defenders

Savit said he hopes the funding stream from the Legislature will remain, but counties will need to identify another reliable funding mechanism for new positions.

Michigan prosecutors have been pushing for funding comparable to what public defenders receive from the state, said Christopher Becker, vice president of the Prosecutors Association of Michigan and Kent County prosecuting attorney.

A budget report from the Michigan House Fiscal Agency shows a $260 million appropriation for indigent defense grants — 15 times the $17 million allocated to address the prosecutor shortage. Public defenders received $190 million last year.

Many small county prosecutor’s offices receive far less local funding compared to indigent defense state funding, Becker said. This discrepancy may lead to more plea deals and less prison time for criminals charged in rural counties.

This is the second year prosecutors have received state funding, which went to only five counties in 2023. Michigan prosecutors hope their annual funding will continue to increase, Becker said.

“These grants are a start,” he said. “Hopefully, this will lead to more equitable funding to make sure there's a level playing field.”

David Barberi is the prosecuting attorney of Isabella County, which is not expected to receive funding from state grants. Although he understands the state’s limited support, his office’s workload has become overwhelming. At the end of the year, he is leaving his position to work at his family’s private firm, where he expects to have half his prosecutorial caseload, with higher pay.

“We'll see zero of that 17 million, it’s just going to help comparatively well-funded major crime areas in the state,” he said. “But I think it's certainly a step in the right direction.”