By Elena Durnbaugh
Gongwer News Service
Testimony became heated Wednesday morning on legislation that would limit the attorney general’s ability to select where a case will come to trial.
House Bills 5314, 5315 and 5316 would repeal a section of law that allows the attorney general to choose Ingham County as the venue location to try cases the office is involved in, regardless of where the crime or the civil action occurred. The legislation would also prevent the attorney general from intervening in civil or criminal proceedings without the approval of the Legislature or the governor’s office. Finally, the legislation would prevent the attorney general from taking up civil actions in the name of the state or of the people of the state for the use and benefit thereof in Ingham County.
Rep. Jay DeBoyer, R-Clay, the sponsor of HB 5315, spoke in support of the bill package.
“The fact that that exists in Michigan law is a direct insult, and it’s direct slap against the rights of defendants with regard to the venue in which they are held to a jury of their peers,” DeBoyer said. “Your peers are most likely the individuals that live near, or at least in your community, and for an exemption to by carved out for the attorney general’s office to be able to choose where that venue…I believe it’s just a complete failure of the statute.”
DeBoyer argued that another example of this type of prosecutorial venue shopping was that of the 38 cases Nessel’s office has joined against President Donald Trump’s administration, none of the lawsuits have been filed in Michigan.
“The venue shopping provides for the prosecutors or the civil litigants in some of these cases to choose a venue that they believe is going to be more advantageous to them, which is a slap directly in the face of blind justice”
DeBoyer then played an audio recording, which he said involved Criminal Bureau Chief Danielle Hagaman-Clark, a detective sergeant from the Department of State Police and members of the attorney general’s office. In the recording, the speaker identified as Hagaman-Clark said she’d rather try a case in Oakland County than Roscommon County because the jury would be better.
Rep. Kelly Breen, D-Novi, said it was important to make a distinction between jury trials and bench trials.
“You can’t bring a case where a crime didn’t occur,” she said. “It’s not always going to be a jury. Sometimes, it’s a judge, and it’s the attorney general’s job to represent the people of Michigan. So, when you have cases involving the state, it does make sense to have it take place in Lansing.”
Breen and Rep. Doug Wozniak, R-Shelby Township, also discussed the nature of the attorney general intervening in a case.
Breen argued that it was not the role of the Legislature to interfere with the Department of the Attorney General, which the legal decision of choosing a venue would fall under.
DeBoyer disagreed.
As discussions fell apart, Chair Rep. Sarah Lightner, R-Springport, moved the committee on to the next agenda item.
“I’m not entirely sure what they’re trying to get at,” Breen said to reporters later on House floor. “When it comes to what they call forum shopping, any attorney might have a choice of forum.
Breen said, for example, in a murder trial, an attorney might have a choice between trying the case where the crime occurred, or where the boy was found or, if they had an accomplice, where the accomplice was from.
“Trying to take away the attorney’s general ability to do just that is contrary to what they’re trying to do,” she said.
Breen said from the testimony, it sounded like the bill sponsors were trying to prevent the attorney general from clawing back money for Michigan that she has won by joining federal lawsuits against the Trump administration.
The committee also took testimony on HB 4980, from Wayne County Clerk Cathy Garrett, who spoke in opposition to the bill.
The legislation would allow people to apply for a concealed pistol license in any county. Currently, those applying for a license must do so in the county where they live or directly through the Department of State Police. One of the arguments for the bill was that there was a backlog of applicants, particularly in Wayne County.
“It’s a miscommunication. There is no backup,” Garrett said. “The only time there was a backup…was during COVID… I think the difference is in a backup or a backlog versus being able to get an appointment to come in when you want, that’s where the break happens.”
Garrett said Wayne County is meeting the 45-day requirement established by the statute.
She said allowing people to go to different counties would create confusion for renewing the license.
The bill was reported 7-2-1. Rep. Kara Hope, D-Holt, and Rep. Helena Scott, D-Detroit, voted against it, and Breen passed.
Finally, Grace Rowley from Sen. Mary Cavanagh’s office, testified in support of SB 158. The legislation mirrors bills passed by the House earlier this year that would allow the state to combat bots buying up tickets for events.
“This process has been illegal federally since 2016, but we are still experiencing this issue,” Rowley said. “Ticketmaster reported that anywhere from 30 to 50% of event tickets purchased in the general sale period are purchased by bots for the resale market.”
That practice hurts Michigan’s economy and culture, she said.
“Live events… should be a time of enjoyment, not an opportunity for bot scammers to exploit consumers,” she said.
The committee unanimously reported the bill.
HB 4586, which would lower the age limit to receive a CPL from 21 to 18, and HB 5113, which would allow those applying for a CPL time to fix an error on an application, were also reported by the committee on Wednesday.
Gongwer News Service
Testimony became heated Wednesday morning on legislation that would limit the attorney general’s ability to select where a case will come to trial.
House Bills 5314, 5315 and 5316 would repeal a section of law that allows the attorney general to choose Ingham County as the venue location to try cases the office is involved in, regardless of where the crime or the civil action occurred. The legislation would also prevent the attorney general from intervening in civil or criminal proceedings without the approval of the Legislature or the governor’s office. Finally, the legislation would prevent the attorney general from taking up civil actions in the name of the state or of the people of the state for the use and benefit thereof in Ingham County.
Rep. Jay DeBoyer, R-Clay, the sponsor of HB 5315, spoke in support of the bill package.
“The fact that that exists in Michigan law is a direct insult, and it’s direct slap against the rights of defendants with regard to the venue in which they are held to a jury of their peers,” DeBoyer said. “Your peers are most likely the individuals that live near, or at least in your community, and for an exemption to by carved out for the attorney general’s office to be able to choose where that venue…I believe it’s just a complete failure of the statute.”
DeBoyer argued that another example of this type of prosecutorial venue shopping was that of the 38 cases Nessel’s office has joined against President Donald Trump’s administration, none of the lawsuits have been filed in Michigan.
“The venue shopping provides for the prosecutors or the civil litigants in some of these cases to choose a venue that they believe is going to be more advantageous to them, which is a slap directly in the face of blind justice”
DeBoyer then played an audio recording, which he said involved Criminal Bureau Chief Danielle Hagaman-Clark, a detective sergeant from the Department of State Police and members of the attorney general’s office. In the recording, the speaker identified as Hagaman-Clark said she’d rather try a case in Oakland County than Roscommon County because the jury would be better.
Rep. Kelly Breen, D-Novi, said it was important to make a distinction between jury trials and bench trials.
“You can’t bring a case where a crime didn’t occur,” she said. “It’s not always going to be a jury. Sometimes, it’s a judge, and it’s the attorney general’s job to represent the people of Michigan. So, when you have cases involving the state, it does make sense to have it take place in Lansing.”
Breen and Rep. Doug Wozniak, R-Shelby Township, also discussed the nature of the attorney general intervening in a case.
Breen argued that it was not the role of the Legislature to interfere with the Department of the Attorney General, which the legal decision of choosing a venue would fall under.
DeBoyer disagreed.
As discussions fell apart, Chair Rep. Sarah Lightner, R-Springport, moved the committee on to the next agenda item.
“I’m not entirely sure what they’re trying to get at,” Breen said to reporters later on House floor. “When it comes to what they call forum shopping, any attorney might have a choice of forum.
Breen said, for example, in a murder trial, an attorney might have a choice between trying the case where the crime occurred, or where the boy was found or, if they had an accomplice, where the accomplice was from.
“Trying to take away the attorney’s general ability to do just that is contrary to what they’re trying to do,” she said.
Breen said from the testimony, it sounded like the bill sponsors were trying to prevent the attorney general from clawing back money for Michigan that she has won by joining federal lawsuits against the Trump administration.
The committee also took testimony on HB 4980, from Wayne County Clerk Cathy Garrett, who spoke in opposition to the bill.
The legislation would allow people to apply for a concealed pistol license in any county. Currently, those applying for a license must do so in the county where they live or directly through the Department of State Police. One of the arguments for the bill was that there was a backlog of applicants, particularly in Wayne County.
“It’s a miscommunication. There is no backup,” Garrett said. “The only time there was a backup…was during COVID… I think the difference is in a backup or a backlog versus being able to get an appointment to come in when you want, that’s where the break happens.”
Garrett said Wayne County is meeting the 45-day requirement established by the statute.
She said allowing people to go to different counties would create confusion for renewing the license.
The bill was reported 7-2-1. Rep. Kara Hope, D-Holt, and Rep. Helena Scott, D-Detroit, voted against it, and Breen passed.
Finally, Grace Rowley from Sen. Mary Cavanagh’s office, testified in support of SB 158. The legislation mirrors bills passed by the House earlier this year that would allow the state to combat bots buying up tickets for events.
“This process has been illegal federally since 2016, but we are still experiencing this issue,” Rowley said. “Ticketmaster reported that anywhere from 30 to 50% of event tickets purchased in the general sale period are purchased by bots for the resale market.”
That practice hurts Michigan’s economy and culture, she said.
“Live events… should be a time of enjoyment, not an opportunity for bot scammers to exploit consumers,” she said.
The committee unanimously reported the bill.
HB 4586, which would lower the age limit to receive a CPL from 21 to 18, and HB 5113, which would allow those applying for a CPL time to fix an error on an application, were also reported by the committee on Wednesday.
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