Dec 15, 2015 | Blog, Komorn Law Blog, Marijuana Criminal Defense Attorney Michael Komorn, Medical Marijuana, News
Detroit police arrested two people and confiscated two firearms and drugs during a raid on a marijuana dispensary Tuesday afternoon.
Police seized 4,100 grams of marijuana (about 9 pounds), and removed 12 edible marijuana foods from the shelves at Detroit Medz, said Sgt. Cassandra Lewis of Detroit police Media Relations.
“Our Major Violators Unit executed a search warrant at the location at 4:30 p.m.,” Lewis said.
According to state law, only Michiganders who possess state registry cards can legally use medical marijuana, but at the shop “they were just selling to anybody who walked in,” she said.
Related: Police raids of pot dispensaries lead to arrests
Detroit does not have an ordinance regulating dispensaries. Detroit police favor having dispensaries be regulated, “so that it’s safe not just for the customers but also for the community,” Lewis added.
In addition, police say flyers advertising Detroit Medz, located at Hubbell and Puritan, were reportedly being distributed near John R. King Academic and Performing Arts Academy when a commencement exercise was taking place.
Some law enforcement agencies claim all dispensaries are illegal until the state Legislature passes a law allowing them. State Attorney General Bill Schuette agrees with that assessment.
The city of Detroit is overdue for regulating its fast-spreading dispensaries, said Winfred Blackmon, a community leader in northwest Detroit who is outspoken about medical-marijuana commerce.
Leonard Pitts Jr.: Enough with this silly war on marijuana
“I’m not against this for people who are sick, but what we want is regulation,” said Blackmon, 67, chairman of the Metropolitan Detroit Community Action Coalition – a group of community leaders from across the city. He also heads a major homeowners group in northwest Detroit called the Schaefer-7/8-Lodge Association.
Blackmon has been complaining to the city about dispensaries for months and has been in regular contact with Councilman James Tate as well as with state legislators about the need to regulate them, he said.
A local ordinance, spelling out what Detroit authorities expect of the city’s dispensaries, would protect legitimate operators and weed out any that are undesirable, added Southfield attorney Michael Komorn, president of the Michigan Medical Marijuana Association.
But without such regulation in place, Tuesday’s raid was ill-advised because Detroit police should focus on violent crime – not dispensaries, Komorn said.
“I can’t speak to this specific location, but there’s a lot of dispensaries operating in Detroit and it’s unfortunate that Detroit’s leaders and citizens seem to be at odds about whether they should be there. Some people still see medical marijuana as just dope,” he said.
“These places are not causing lawlessness and they’re not hurting property values in the city,” Komorn said.
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation at 800-656-3557.
www.komornlaw.com
Dec 10, 2015 | Blog, Marijuana Criminal Defense Attorney Michael Komorn, Medical Marijuana, Medical Marijuana Attorney Michael Komorn, Michigan Medical Marijuana Act, News
THE MICHIGAN STATE POLICE Forensic Science Division finds itself embroiled in scandal as newly released emails paint a picture of a crime lab in turmoil over how to classify marijuana. Attorneys and medical marijuana advocates accuse Michigan prosecutors of pressuring the state’s crime lab to falsely classify the origins of THC found in hash oils and marijuana edibles as “origin unknown.”
Prosecutors exploited the ambiguity to charge medical marijuana users for possession of synthetic THC, despite the fact that the personal use of medical marijuana has been legal in Michigan since it was approved by voters in 2008. Under Michigan law, possession of synthetic THC constitutes a felony, whereas possession of marijuana and its derivatives by someone who is not a licensed medical marijuana user is a misdemeanor.
The emails were obtained by Michael Komorn, lead lawyer for Max Lorincz, a medical marijuana patient who lost custody of his child and now faces felony charges after the lab’s misleading classification of hash oil found in his home.
“I’d never seen a lab report reporting origin unknown,” Komorn told The Intercept. “What was produced for us was the most unbelievable set of documents I’ve ever seen.”
The emails show that as Michigan forensic scientists debated how to classify oil and wax produced from marijuana plants, they were pressured by police and prosecutors to classify the products in a way that would facilitate harsher drug convictions.
“It is highly doubtful,” a forensic scientist named Scott Penabaker wrote in May 2013, “that any of these Med. Mari. products we are seeing have THC that was synthesized. This would be completely impractical.” And in February 2014, the supervisor of Lansing, Michigan’s controlled substances unit, Bradley Choate, wrote that a misleading identification of THC “could lead to the wrong charge of possession of synthetic THC and the ultimate wrongful conviction of an individual.” Lab inspector John Bowen, referring to the THC in edibles and oils, agreed: “Is it likely that someone went to the trouble to manufacture THC and two other cannabinoids, mix them up, and bake them into a pan of brownies? Of course not.”
Despite the unlikelihood that Lorincz and others were somehow cooking up synthetic THC, Andy Fias, a state police lieutenant with West Michigan’s regional drug task force, reached out to the Forensic Science Division in January 2015. “We are encountering a significant amount of THC wax and oil,” he wrote. “If we were to seized [sic] the wax/oil from a card carrying patient or caregiver and it comes back as marijuana, we will not have PC [probable cause] for the arrests.”
Fias had heard that lab analysts were classifying some oil as marijuana rather than THC. He asked: “Is there a way to get this changed? Our prosecutors are willing to argue that one speck of marijuana does not turn the larger quantity of oil/wax into marijuana.”
That aggressive — and intellectually dishonest — prosecutorial mindset explains what happened to Lorincz last year.
On September 24, 2014, Lorincz called 911 from his Spring Lake, Michigan, home when his wife experienced an emergency. “The paramedics came in to assist my wife, and while they were assisting my wife the sheriff came in from the outside,” the 35-year-old father told me. It was then that the officer discovered hash oil on the kitchen counter. “The whole thing is ridiculous,” said Lorincz, who at the time possessed a Michigan medical marijuana card. “I didn’t commit any crime.”
Authorities didn’t see it that way.
The Ottawa County Prosecuting Attorney’s office, led by Ronald Frantz, charged Lorincz with misdemeanor marijuana possession. Instead of pleading guilty, he fought the charge on the grounds that his medical marijuana card allowed him to legally possess the hash. Prosecutors responded in February by charging Lorincz with possession of synthetic THC, a felony.
Because the crime lab claimed to be unable to determine the origin of the THC in the hash oil, prosecutors were able to allege that Lorincz’s oil was not made from marijuana.
Jeff Frazier, a former ACLU attorney who is also working on Lorincz’s case, accuses the state’s prosecutors of circumventing the medical marijuana law passed in 2008 because of their intense opposition to marijuana.
“The lab is intentionally reporting nonexistent felonies,” said Frazier, “and the prosecutors are going after medical marijuana patients with these lab reports that are fraudulent.”
Activists believe that Michigan Attorney General Bill Schuette may be behind the pressure on the crime lab. In 2008 Schuette led the opposition to the successful initiative. “He’s been opposed to medical marijuana since the get-go and has used his office to circumvent the law,” said Charmie Gholson, a drug policy reform advocate based in Michigan.
Gregoire Michaud, director of Michigan’s Forensic Science Division, wrote in a July 2013 email that “In my meeting with PAAM [Prosecuting Attorneys Association of Michigan] it was decided that any questions regarding law interpretation (e.g., recent controlled substance cases) will be directed thru the applicable Technical Director who will then reach out to Mr. Ken Stecker.”
Kenneth Stecker, an official with PAAM, stridently opposes medical marijuana usage and in a 2012 speech said, “I literally every night look at websites, blogs, everything for two to three hours dealing with the medical marijuana issue.” At the time, Stecker said that he had given “over 150, 200 presentations” on the “hornet’s nest” of medical marijuana.
A December 2013 email quotes Stecker as saying, “THC is a schedule 1 drug regardless of where it comes from.” He neglected to mention that penalties for possession very much depend on where it comes from.
John Collins, a former director of the Forensic Science Division, told Fox 17 television, which first reported Lorincz’s case earlier this year, that prosecutors were playing politics with science. “In my experience, it was just a nonstop political game that really got frustrating, and it wore down the morale of our staff, and it quite honestly, it wore me down.”
“It was really a big deal for me to let people understand that our laboratories were not in the prosecution business, they’re not in the conviction business, they’re in the science business,” Collins told Fox 17. “And if we don’t position ourselves as being in the science business, then we really start to go down a path that’s going to lead us to a lot of trouble.”
The Michigan State Police provided the following statement:
The ultimate decision on what to charge an individual with rests with the prosecutor. The role of the laboratory is to determine whether marihuana or THC are present. Michigan State Police laboratory policy was changed to include the statement “origin unknown” when it is not possible to determine if THC originates from a plant (marihuana) or synthetic means. This change makes it clear that the source of the THC should not be assumed from the lab results.
Bill Schuette and Ronald Frantz did not respond to requests for comment. Kenneth Stecker declined to comment.
Meanwhile, Max Lorincz’s life remains in limbo, and his 6-year-old son is in foster care. Currently, he gets a few hours per week of visitation, but father and son have been apart for over a year now.
“It’s been the worst year of me and my wife’s life,” Lorincz said. “You’re talking about taking away an entire year of bonding with our son. It’s something we can never get back.”
This isn’t the first time conviction-hungry Michigan prosecutors have destroyed the lives of medical marijuana users.
In 2014, prosecutors charged Kent County sheriff’s sergeant Timothy Bernhardt with running a drug house because he received and distributed marijuana butter. Bernhardt was a licensed medical marijuana patient but not a licensed caregiver and thus was not permitted to distribute the drug to other users.
In a lab report from Bernhardt’s case, the crime lab classified Bernhardt’s marijuana butter as THC and investigators claimed to be unable to identify its origin. Armed with that report, prosecutors in Kent County went after Bernhardt with full force. Bernhardt eventually pleaded guilty to the drug house charge and was forced to resign after 22 years with the department, even though the butter was being used for medical purposes. He faced up to two years in prison, but a month before the sentencing hearing he killed himself.
“They killed him,” said Gholson. “They have blood on their hands.”
Just days before Bernhardt’s suicide, a Kent County prosecutor named Tim McMorrow told a state court that Michigan voters, despite their overwhelming approval of medical marijuana, do not have the final say. “The voters do not have a right to adopt anything they want,” McMorrrow said. “Something doesn’t become valid because the voters voted for it.”
Article By – Juan Thompson – Nov. 14 2015, 8:43 a.m.
Wikipedia
https://en.wikipedia.org/wiki/The_Intercept
The Intercept is an online publication launched in February 2014 by First Look Media, the news organization created and funded by eBay founder Pierre Omidyar.[2]
Glenn Greenwald, Laura Poitras, and Jeremy Scahill are the editors. The magazine serves as a platform to report on the documents released by Edward Snowden in the short term, and to “produce fearless, adversarial journalism across a wide range of issues” in the long term
“A primary function of The Intercept is to insist upon and defend our press freedoms from those who wish to infringe them. We are determined to move forward with what we believe is essential reporting in the public interest and with a commitment to the ideal that a truly free and independent press is a vital component of any healthy democratic society. […] Our focus in this very initial stage will be overwhelmingly on the NSA story. We will use all forms of digital media for our reporting. We will publish original source documents on which our reporting is based. We will have reporters in Washington covering reactions to these revelations and the ongoing reform efforts. We will provide commentary from our journalists, including the return of Glenn Greenwald’s regular column. We will engage with our readers in the comment section. We will host outside experts to write op-eds and contribute news items.
Our longer-term mission is to provide aggressive and independent adversarial journalism across a wide range of issues, from secrecy, criminal and civil justice abuses and civil liberties violations to media conduct, societal inequality and all forms of financial and political corruption. The editorial independence of our journalists will be guaranteed, and they will be encouraged to pursue their journalistic passion, areas of interest, and unique voices.
We believe the prime value of journalism is that it imposes transparency, and thus accountability, on those who wield the greatest governmental and corporate power. Our journalists will be not only permitted, but encouraged, to pursue stories without regard to whom they might alienate.”
Dec 8, 2015 | Blog, News
Senator Jones, the legislature’s leader in receiving campaign contributions from the medical marijuana industry, has finally authorized the hearing of a trio of medical marijuana bills in the Michigan Senate Judiciary Committee. Well, he sort of granted them a hearing.
A notice for the Senate Judiciary Committee hearing on Tuesday, Dec. 8 at 1:00 PM listed the three bills passed by the Michigan House- HBs 4209, 4210 and 4827- as being on the agenda for amendment, debate and voting. But don’t get too excited about the opportunity to tell the Senate what a crappy piece of legislation this current version of HB 4209 is, or how unnecessary a seed-to-sale tracking system is in Michigan.
Senator Jones ALSO scheduled 14 other bills for consideration on the same day, in the same session, per the notice sent on December 3 at 11:56. On Dec. 4 at 2:12 an updated Agenda was sent out redefining the bills into two categories: those taking testimony only, and those bills which are available for amendment, debate or voting. 8 bills are testimony only; the dispensary bills are not. These Committee sessions typically last a single hour.
Over the last two months, the Senate Judiciary Committee has conducted three sessions where testimony was taken from out-of-state commercial interests, in-state dispensary operators, prosecutors and law enforcement agencies- but not from actual citizens or medical marijuana patients. Sen. Jones will finally call the medical marijuana bills for a potential vote, but with no reasonable expectation of public participation.
Perhaps that’s politically expedient for Jones and the Senate Republicans but it’s not the way to create good law. But, maybe he doesn’t care; according to a new report from Fox 2 News in Detroit, Sen. Jones recently received more registered contributions to his PAC from the marijuana industry ($16,000) than any other legislator, including bill sponsors Rep. Michael Callton ($12,000) and Rep. Lisa Lyons (less than $2,000).
Apparently, it pays better to be a stick-in-the-mud Committee Chair than it does to be a sponsor of progressive legislation. Ask the reptilian Rep. Klint Kesto ($11,000 in donations) who chairs the House Committee in which the dispensary and concentrates bills were snagged up in earlier this year. He cashed the checks, too.
One of those groups granted an opportunity to testify was the National Patients Rights Association (NPRA), and their Chairman Adam Macdonald is worried about behind-the-scenes manipulation of bill language by outside interests.
“We (the NPRA) have spent several years working to provide patients with safe access to their medicine. We had reached an agreement on bill content with both law enforcement and the patient advocacy groups involved, but it appears a new amendment for the alcohol industry is being added to HB 4209 (via amendment on Dec. 8),” Macdonald revealed.
“This is a new development and a drastic change that we, as a pro-patient organization, will not be able to support. It’s unlikely the bills will pass if the three-tiered recreational alcohol model is added.”
Even without knowledge of this sophisticated Senate betrayal, marijuana community advocates expressed their anger over the current bills- and the legislative manipulation that changed them during the 2015 session.
“I’ve totally lost faith in the integrity of the legislature to make positive changes in these restrictive, overbearing bills,” said Jamie Lowell of Michigan ASA and the MILegalize campaign. “I don’t see these bills being significantly improved while in the Senate; if anything, Sen. Jones is going to make them more restrictive and raise the taxes.”
“Although I am incredibly excited at the prospect of the bills being heard in the legislature I am extremely apprehensive about the potential amendments that could be made to the language,” said Jim Powers of Michigan Parents for Compassion.
That sentiment was echoed by Southfield attorney Michael Komorn. “I think most people in the medical marijuana community have lost faith in Michigan’s legislature,” he told TCC.
“We know these bills do not have patients and caregivers in mind. They have been warped into bills that favor the law enforcement community. I think 3.3 million Michigan voters were pretty clear when they said they did not want law enforcement policing medical marijuana patients.”
Two other medical marijuana bills are making a Senate Judiciary appearance on Dec. 8: SB 140 and the tie-barred companion bill SB 141, which were introduced in February. SB 140 is the Senate version of the House concentrates bill, and SB 141 is a technical correction in law mandated by language contained in SB 140.
The prospect of the bills being amended and voted on was the subject of great discussion on the Planet Green Trees Radio Show broadcast of Dec. 3; listen to the podcast at www.planetgreentrees.com
The official notice of the meeting appears below.
**AMENDED**
NOTICE OF SCHEDULED MEETING
**PLEASE NOTE TIME AND LOCATION**
COMMITTEE: Judiciary DATE: Tuesday, December 8, 2015 TIME: 1:00 p.m. PLACE: Senate Hearing Room, Ground Floor, Boji Tower, 124 W. Allegan Street, Lansing, MI 48933 PHONE: Corey Woodby (517) 373-1721
Committee Clerk
AGENDA
SB 20 Sen. Shirkey Criminal procedure; other; default standard for mens rea in criminal statutes; establish.
SB 140 Sen. Shirkey Health; medical marihuana; marihuana-infused products; allow and regulate.
SB 141 Sen. Young Criminal procedure; sentencing guidelines; sentencing guidelines for selling marihuana in violation of registry identification card restrictions; update.
SB 551 Sen. Schuitmaker Probate; wills and estates; designation of a funeral representative to make disposition arrangements for decedent; provide for.
HB 4209 Rep. Callton Health; medical marihuana; state and local regulation of marihuana provisioning centers; provide for.
HB 4210 Rep. Lyons Health; medical marihuana; marihuana-infused products; allow and regulate.
HB 4680 Rep. Pagel Corrections; other; authority for correctional industries to engage in certain private manufacturing or service enterprises; extend sunset.
HB 4713 Rep. McBroom Criminal procedure; other; default standard for mens rea in criminal statutes; establish.
HB 4827 Rep. Kesto Marihuana; administration; seed-to-sale tracking system for commercial marihuana; establish.
Testimony Only:
SB 629 Sen. Jones Children; parental rights; termination of parental rights to a child; expand to include forcible rape where child results.
HB 4476 Rep. Santana Civil procedure; other; mediation; limit in certain domestic relations actions.
HB 4477 Rep. Kesto Civil procedure; appeals; service of papers; provide for alternate service if party is protected by a protective order.
HB 4478 Rep. Kosowski Civil procedure; personal protection orders; acts that may be enjoined; include harming animals owned by petitioner.
HB 4479 Rep. Price Crimes; assaultive; assault of a pregnant woman; increase penalties under certain circumstances.
HB 4480 Rep. Heise Children; protection; factors determining best interest of child; modify in cases of domestic violence.
HB 4481 Rep. Lyons Family law; child custody; custody or parenting time for certain parents of a child conceived through sexual assault or sexual abuse; prohibit under certain circumstances.
HB 4788 Rep. Price Criminal procedure; sentencing guidelines; sentencing guidelines for crime of assault and battery of a pregnant individual; provide for.
And any other business properly before the committee.
Posted by Rick Thompson at 7:30 AM on December 7, 2015
Dec 8, 2015 | Blog, Michigan Medical Marijuana Criminal Defense, Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn, News
An attorney probed for medical marijuana defenses as a hearing began Friday for a Hudson man charged with illegally growing and selling marijuana this fall.
Paul Alan Williams, 55, rejected a plea bargain offer before a preliminary examination on four felony charges got under way in Lenawee County District Court. The hearing is set to continue Tuesday, Dec. 8, with cross examination of a Michigan State Police trooper in charge of the investigation.
Williams was arrested Oct. 22 when search warrants were executed at a building on Meridian Road in Hudson, another in Rollin and at a house on Rome Road where Williams was believed to have been living.
Police seized nearly 21 pounds of marijuana and 9 grams of hashish from the building at 553 S. Meridian Road in Hudson where Williams was arrested, said Trooper Craig Whittemore.
At the building in Rollin, he said, police found 34 marijuana plants and processed marijuana weighing 91.5 ounces, and 19 grams of hashish oil. Another 7.2 pounds of marijuana were swept up from a trailer and pickup bed at the scene, he said.
Cash, vehicles and guns were also reported seized during the searches.
No marijuana was found at the home on Rome Road.
Whittemore testified the investigation was based on tips that Williams was selling marijuana to people without being their registered medical marijuana caregiver.
A confidential informant made three trips to the building in Hudson under police surveillance to make controlled buys, he said. On Sept. 2, the informant bought 8 ounces with $800 supplied from a Michigan State Police fund. On Sept. 16 another 12 ounces were purchased with $1,200. And on Oct. 21, 16 ounces were purchased with $1,600, he said.
Search warrants were then obtained, he said, and executed on Oct. 22. He and other members of the Region of the Irish Hills Narcotics Office were assisted by officers from seven other police agencies.
Defense attorney Michael Komorn of Southfield questioned details of the investigation. He asked if the confidential informant showed a medical marijuana card during the purchases.
“I don’t know if he was representing himself as a medical marijuana patient,” Whittemore said.
“You never corroborated a sale to anyone without a card, is that right?” Komorn asked.
Whittemore agreed.
The hearing is to determine if there is sufficient evidence to bind the case over to circuit court for trial. Williams is charged with three counts of delivery of marijuana and one count of illegally manufacturing marijuana. He remains free on bond.
By Dennis Pelham – Daily Telegram Staff Writer
Posted Dec. 5, 2015 at 1:00 PM
Dec 5, 2015 | Blog, Medical Marijuana, Michigan Medical Marijuana Act, News
Council to hear from public on location of marijuana dispensaries
DETROIT FREE PRESS
The Detroit City Council has set a public hearing on zoning regulations for medical marijuana shops at 1 p.m. Dec. 17, 2015.
The Detroit City Council today set a public hearing for next month on its proposal to regulate medical marijuana distribution in the city.
The council will hold the hearing at 1 p.m. Dec. 17 on zoning restrictions that will govern where pot dispensaries can and cannot locate in Detroit. It is to be the companion legislation to measures that the council approved in October requiring dispensaries to be licensed by the city and shop operators to be subject to police background checks.
Detroit has seen a proliferation of more than 150 unlicensed and unregulated dispensaries in recent years, and it’s taken a year for city officials to thoroughly research and prepare a regulatory system that will both limit the number of dispensaries and ensure that medical marijuana patients have safe access to the drug, according to Councilman James Tate, who has spearheaded the regulation effort.
Councilman Scott Benson, a vocal critic of the dispensaries who says many of them are merely fronts for recreational put use, sought to have the zoning ordinance changed to prohibit dispensaries from locating in the vast majority of commercial or retail strip malls in the city, but that motion was outvoted.
Councilwoman Raquel Castañeda-López also sought to have the ordinance prohibit clustering of dispensary operations in industrial areas of the city, saying that would hurt residents who live near industrial areas. Her motion also was outvoted.
The zoning ordinance’s restrictions mandate that dispensaries not be located within 1,000 feet of schools, churches, drug-free zones, caregiver centers and liquor stores.
Dispensary owners and advocates of medical marijuana have argued that the city’s restrictions would leave few areas of the city where dispensaries could operate legally, reducing access for people who use marijuana for legitimate medical needs. But residents have flooded public meetings on the issue, saying their neighborhoods have been overrun by pot shops.
Contact Matt Helms: 313-222-1450 or mhelms@freepress.com. Follow him on Twitter: @matthelms.
Detroit Free Press 5:03 p.m. EST November 24, 2015
Dec 4, 2015 | Blog, News
An honor system with no honor
The State Integrity Investigation is a comprehensive assessment of state government accountability and transparency done in partnership with Global Integrity.
In November 2013, Michigan lawmakers revealed the lengths to which they’d go to maintain the state’s secret system of funding election campaign activities.
A Senate committee was meeting in the Capitol to discuss and approve a bill that would double the maximum amount that individuals could contribute to legislative, executive and judicial candidates. The senators were told that the higher limits were unnecessary because 99 percent of Michiganians never give the maximum amount.
Then something puzzling happened. In a rare move, the legislators called a recess midway through the session. A lobbyist in the audience who was friendly with the committee chairman, it was later learned, received an urgent phone call warning that Secretary of State Ruth Johnson had just announced new administrative rules requiring the disclosure of campaign donors in all circumstances.
When the committee reconvened, an amendment was hastily attached to the legislation, which would override Johnson’s decision and preserve Michigan’s “dark money” campaign practices. House and Senate approval of the bill soon followed, as did Gov. Rick Snyder’s signature.
“We don’t have full public disclosure and it’s not because good people failed to do the right thing, it’s because those bastards did the wrong thing. It was a hostile action,” said Rich Robinson, the state’s top campaign watchdog at the nonpartisan Michigan Campaign Finance Network. “And the fruits of those actions were tens of millions of dollars of undisclosed campaign cash.”
The shadowy aspects of Michigan’s money-driven politics serve as a key reason why the state ranks last among the 50 states with a grade of F and a numerical score of 51 out of 100 from the State Integrity Investigation, a data-driven assessment of state government transparency and accountability by the Center for Public Integrity and Global Integrity. Michigan received an F in 10 of the 13 categories of government operations that were examined.
The first State Integrity report, released in 2012, gave Michigan a similar score – 58, an F, though the state ranked 44th that time. The two scores are not directly comparable, however, due to changes made to improve and update the project and its methodology.
Stealth campaigns standard procedure
A significant factor in Michigan’s 2015 ranking is its lack of effective disclosure rules for officials in nearly all facets of state government. Conflicts of interest and potential public corruption remain buried in an honor system with no honor.
Thanks to loopholes created by the legislature, big spenders representing special interests can dramatically influence an election without leaving a trace.
Campaigns increasingly rely upon shadow groups that independently pay for so-called issue ads. Those ads praise or demonize a candidate in a manner that’s virtually indistinguishable from a traditional TV spot. But the commercials avoid the magic words — “vote for” or “vote against” — that would require disclosure of the money behind the sales pitch.
The 2013 doubling of Michigan contribution limits set the maximum gift to a gubernatorial candidate at $6,800 for an individual, $68,000 for political action committees and $136,000 for state party central committees. But that’s just a starting point in this multi-layered political parlor game. Unregulated funding for those dominant issues ads derives largely from PACs, super PACs and political party groups that can accept unlimited amounts of campaign cash from across the nation.
At the same time, the office of the secretary of state, Michigan’s top election official, operates as a record-keeping agency, not an enforcement unit. It enjoys no subpoena powers and generally does not initiate investigations.
Former Michigan Democratic Party chairman Mark Brewer recently concluded that Michigan’s political system is “the Wild West … with no sheriff in town.”
Dark money means justice denied
High-rollers in many states exert undue influence over legislation and executive orders. But in Michigan, campaign cash also taints the judicial system.
Supreme Court justices, are merely “politicians in black robes.”
The independent Michigan Campaign Finance Network reported that since 2000, state Supreme Court campaigns have been awash in nearly $40 million worth of television political advertisements, with the donors kept off the books. A similarly veiled process dominates campaigns for attorney general. In a state where candidates for the judiciary face virtually no professional standards or performance evaluations, critics say the judges, particularly Supreme Court justices, are merely “politicians in black robes.”
The State Bar of Michigan has engaged in attempts to fix this system by demanding full disclosure, to no avail. Jules Olsman, an attorney who serves on the State Bar board, said his clients routinely question the fairness of the state’s judicial process given the steady stream of campaign ads at election time.
“If the judge hearing my case received $10,000 from opposing counsel or their clients, I should have a right to know that,” Olsman said. “At this point, it’s more than a suspicion. It happens all the time.”
Weak or non-existent disclosure laws
The dark money that dominates Michigan politics takes on another definition in the daily workings of state courts, the legislature, the governor’s office and cabinet members. That’s because the state doesn’t require officials to disclose their financial holdings and outside income.
A judge may hear a case involving a lawsuit aimed at a corporation in which he has a financial interest, but the attorneys involved – and the jury – would have no way of knowing. Legislators can influence the outcome of bills that will directly affect businesses back home in which they serve as silent partners.
Recusals remain rare in Michigan courts, and they are even rarer in the state House and Senate. When apparent conflicts of interest arise due to a lawmaker’s occupation, it’s nearly unheard of for a fellow legislator to publicly call for an abstention.
In Michigan, the cozy relationships between well-heeled lobbyists and pliable lawmakers also remain largely in the dark. Under the weak disclosure rules, lawmakers can accept nominal gifts. But it is the duty of the lobbyist, not the lawmaker, to report these gifts.
In addition, state law requires those in the lobbying business to report their activities in such a vague format that the public cannot determine who is influencing whom. Lobbyists do not have to report which legislator or executive branch official they wined and dined unless they spent more than $59 in a month, or $375 in the calendar year, on that individual. Advocates of greater transparency say the top recipients of a lobbyist’s largesse benefit from considerably more than what’s disclosed.
Worse yet, lobbying firms also do not reveal which issues and legislation they advocated for or against.
Robert LaBrant, a veteran business lobbyist, concedes that the disclosure reports essentially “have no meaning.”
Details of scandal kept secret
Another example of the lack of transparency in Michigan government is that the Legislature long ago exempted itself and the governor’s office from the state Freedom of Information Act.
When a sex scandal involving two House members emerged in August, including an elaborate cover-up that allegedly involved misuse of tax dollars, an internal investigation concluded the couple had engaged in misconduct. A public records request by The Detroit News to obtain the investigative report was denied. Instead, the House speaker chose a private law firm to write a 7 ½-page summary of the findings for public consumption.
This lack of openness permeates all levels of state government.
The state lacks a strong “revolving door” law that prevents elected officials and key executive branch administrators from going directly out of a government post and into a job at a lobbying firm. The only restriction in the books prohibits lawmakers from lobbying immediately if they resign before the end of their terms in office.
Cronyism and favoritism are essentially accepted practices in the Legislature, the judiciary and the governor’s office, as all staffers are political appointees – at-will employees who can be hired or fired for no reason at all. Top officials at each state department also are afforded no civil service protections.
The state Ethics Board serves largely as an obscure, toothless agency that does not investigate wrongdoing and, when it does find a violation, merely recommends a punishment to the guilty employee’s department.
State Sen. Steve Bieda has introduced bills since 2003 seeking mandates for personal asset disclosures, campaign finance transparency and the reporting of all gifts. He never came close to success.
“Michigan is an embarrassing outlier on openness in government,” Bieda said. “We need to step up to the plate.”
See The Original Article Here
