State ex rel. Williams v. Zaleski

The basic issue presented in this case is whether the order appointing MacGillivray and McKee as prosecutors was a valid exercise of judicial power.1

Appellant maintains that it was not, on the theory that an order appointing a special prosecutor is based upon the inherent power of the court and that such power can only be exercised by a majority of the court’s members. Appellant further argues that, even if the order had been valid, it would have lapsed upon the new prosecutor taking office. In support of this argument, appellant contends that the court’s inherent power to appoint a…