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One-man grand jury process could be banned under Michigan House bill
One-man grand jury process could be banned under Michigan House bill

Yahoo

time21-05-2025

  • Politics
  • Yahoo

One-man grand jury process could be banned under Michigan House bill

State Rep. Luke Meerman (R-Coopersville) on the House floor, Dec. 10, 2024. Meerman is the sponsor of legislation to get rid of Michigan's one-man grand jury process. | Photo: Anna Liz Nichols A Republican lawmaker is trying to strike the state's one-man grand jury process from law, a move that would prevent local prosecutors and the Department of Attorney General from bringing criminal charges against defendants with just one judge as the sole juror. The bill, sponsored by Rep. Luke Meerman (R-Coopersville), would repeal several sections of the Code of Criminal Procedure allowing just one judge to review evidence and greenlight charges as a grand juror. The process was ruled unconstitutional by the Michigan Supreme Court during the failed Flint water criminal prosecution against former Governor Rick Snyder and several other members of his administration. The court specifically called out the prosecutorial team – led by Wayne County Prosecutor Kym Worthy and former Michigan Solicitor General Fadwa Hammoud – for engaging in a type of 'Star Chamber,' a reference to the corrupt backroom English courts of the late 15th Century. That doomed the prosecution and the court eventually dismissed the charges. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Meerman's bill was up for testimony on Wednesday before the House Judiciary Committee. He said the grand jury was a hallmark of the judicial process, one that helps decide probable cause of a crime, but the difference with a one-man grand jury is that it is not composed of several citizens or local officials, but rather one judge. 'A one-man grand jury violates due process, as evidence in these proceedings is not made available to the defense,' Meerman said, who also claimed that Michigan was one of the only states that maintains a one-man grand jury process under law. 'The use of this legal maneuver erodes public trust and confidence in the impartiality of the justice system.' Touching on the Supreme Court's 2022 ruling, Meerman said the main takeaway was that a single judge cannot currently issue an indictment authorizing charges against a defendant. His bill would remove the portion of the criminal code that allows for a one-man grand jury, preventing it from being reactivated if the high court somehow overturns its precedent founded in the Flint water cases. Laws that remain on the books even though there is a court precedent deeming them unconstitutional or void are sometimes referred to as zombie laws. Rep. Brian BeGole (R-Perry) and Rep. Kelly Breen (D-Novi) both asked how often this process was used and in what kinds of cases, and how widely it was utilized by prosecutors across the state. Meerman indicated that it happens infrequently. Although prosecutors did not give testimony before the committee on Wednesday, Meerman said it was his understanding through conversations with prosecutors that they would still like to keep it in their tool box, even though those prosecutors couldn't use it anyway, given the Supreme Court's ruling in 2022. Rep. Sarah Lightner (R-Springport), chair of the House Judiciary Committee, said it was her understanding that the process was mostly used in sensitive felony cases. Criminal Defense Attorneys of Michigan said it supported the bill but did not wish to speak during committee. A spokesperson for the Prosecuting Attorneys Association of Michigan told Michigan Advance that it does not have a stance on the bill, and that the only county that had been using the law in any capacity was Wayne County. As it stands, it does not appear that the bill is a priority for PAAM to weigh in on, support or oppose. A spokesperson with Worthy's office deferred comment on the bill to PAAM. The office did not respond to additional questions posed by Michigan Advance regarding how often the county used the process prior to the Supreme Court's ruling or how difficult it is for the county to navigate complex cases without the use of a one-man grand jury.

To The Point: What's next in the state Legislature
To The Point: What's next in the state Legislature

Yahoo

time18-05-2025

  • Politics
  • Yahoo

To The Point: What's next in the state Legislature

GRAND RAPIDS, Mich. (WOOD) — On this 'To The Point,' negotiating the new reality of the House and advancing school safety. 'The House hasn't taken up a Senate bill, the Senate hasn't taken up a House bill, so it's a new experience for me in the Legislature. It's very, very slow. I'm trying to get accustomed to that,' state Rep. Will Snyder, D-Muskegon, said. State Rep. Luke Meerman, R-Coopersville, talks about school safety bills passed that have been years in the making. 'I think the best way to describe it is communication and training. So, we're working with the OK2SAY system to make sure the kids feel comfortable with it. They have the number on their ID cards, so they can call it,' he said. Keeping up on what's next in the Legislature on this 'To The Point' episode for the weekend of May 17. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Michigan lawmakers consider bills to deter ‘foreign influence'
Michigan lawmakers consider bills to deter ‘foreign influence'

Yahoo

time24-03-2025

  • Politics
  • Yahoo

Michigan lawmakers consider bills to deter ‘foreign influence'

State Rep. Luke Meerman (R-Coopersville) discussing legislation to prohibit foreign entities from acquiring agricultural land or property within 20 miles of critical infrastructure in the state. Michigan House photo. Lawmakers in Michigan's state House are considering bills that would ban certain partnerships with certain foreign entities deemed to pose threats to national security and also ban such entities from purchasing land in Michigan. Namely, the bills would target citizens and representatives of China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria as Rep. Bill Schuette (R-Midland) told lawmakers on the state House Government Operations Committee Thursday, saying such nations actively try to gain influence and control through infiltrating state economies and institutions. 'I can tell you these countries, they don't play fair. They use every single lever of power, be that economic, cultural or coercive, to jeopardize our nation's strength,' Schuette said, pointing at some recent examples in Michigan. One area of particular concern to the committee was the 2023 incident where five Chinese nationals who were also students at the University of Michigan photographed training facilities at Camp Grayling, a National Guard training facility in northern Michigan. There have been other instances of Chinese nationals taking photos of military bases in restricted areas throughout the U.S. and others who were also students through the University of Michigan. The university has since ended a partnership with Shanghai Jiao Tong University which permitted academic exchanges, with U of M President Santa J. Ono citing 'national security' as the reason for the separation. Part of the legislation being proposed includes prohibitions on foreign entities and non-citizens from purchasing farmland or property within 20 miles of a military base or key facilities like a water treatment facility, telecommunication facility or transportation facility. Agriculture is one of Michigan's top industries and not only do Michigan residents depend on its preservation, but so does the rest of the country that benefits from its domestic food production, bill sponsor Rep. Gina Johnsen (R-Lake Odessa) told the committee Thursday. 'This bill is a critical step in safeguarding Michigan's agricultural lands from foreign foreign entities that may not have the best interests of our state, our farmers or our national security…There is growing concern about foreign ownership of ag land, particularly by entities from countries that may pose economic or security threats to the United States,' Johnsen said. 'This bill is not about creating unnecessary barriers or fostering anti foreign sentiment. It is about protecting Michigan's resources and ensuring that our agricultural lands remain in the hands of those who are invested in the well being of Michigan and the nation.' The ACLU of Michigan particularly opposes the land-related bills, House Bills 4233 and 4234, as the organization's Legislative Director Kyle Zawacki said the bills threaten civil liberties and economic fairness, inviting prejudice on the basis of a person's national origin or perceived foreign origin. The bills conflate a person with a government, Zawacki said, noting that not every resident of a country agrees with the actions of their leaders. 'Penalizing people simply because of their nationality contradicts fundamental American values of fairness and non discrimination,' Zawacki said. 'Singling out individuals based on the actions of a foreign government is not only unjust, but also risks exacerbating xenophobia and anti-immigrant sentiment. Protecting national security and upholding constitutional rights are not mutually exclusive goals.' Other bills lawmakers are reviewing include ones related to education and economic endeavors. House Bill 4238 would limit public schools from entering into agreements with foreign countries of concern or accepting grants from such countries if such interactions promote agendas that are 'detrimental to the security of the United States or its residents'. The bill aims to keep 'anti-America' agendas out of schools and universities, bill sponsor Rep. Nancy Jenkins-Arno (R-Rollin Township) told the committee. 'House Bill 4238 is a straightforward common sense measure to make sure we keep countries of concern out of our educational system,' Jenkins-Arno said. 'One of the core functions of government is protecting citizens. The most valuable of our citizens is our kids.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

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