If both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general:

1. (1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and
2. (2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.

[ 1981 c 335 s 3.]