9.3​Prosecuting Attorney’s Participation

If the court requests, the prosecuting attorney must review the petition for legal sufficiency and appear at any delinquency proceeding. MCL 712A.17(4); MCR 3.914(A). If a criminal offense is alleged, the prosecuting attorney must participate in every delinquency proceeding “that requires a hearing and the taking of testimony.” MCR 3.914(B)(2). MCL 712A.17(4) requires the prosecuting attorney to appear only if a criminal offense is alleged and the proceeding requires a hearing and the taking of testimony. Thus, if a status offense is alleged, the prosecuting attorney must appear at trial if the court requests; if a criminal offense is alleged, the prosecuting attorney must appear and participate in a trial.