Archie Cameron Brown
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2023
Archie Cameron Brown is a judge for the 22nd Circuit Court in Washtenaw County, Michigan. He was appointed to this position by former Governor John Engler on March 18, 1999, to replace Judge Kurtis Wilder.[1] He was re-elected in 2000, 2004, 2010, and 2016.[2]
Education
Brown received his B.S. from Eastern Michigan University in 1973 and his J.D. from the University of Detroit School of Law in 1979.[1]
Career
Brown began his career as a private practice lawyer. In 1980, he joined the law firm of Malley & Schroer. He was also of counsel to Dever and Dew Professional Corporation prior to his judicial career. He was appointed to the 15th District Court in March of 1997 and was appointed to the circuit court two years later.[1][3][4]
Elections
2016
Michigan held general elections for local judicial offices on November 8, 2016. A primary election occurred on August 2, 2016. The candidate filing deadline for incumbents was March 21, and the deadline for non-incumbents was April 19.[5] Incumbent Archie Cameron Brown ran unopposed in the 22nd Circuit general election.[2]
| 22nd Circuit, General Election, 2016 | ||
|---|---|---|
| Candidate | ||
 Archie Cameron Brown Incumbent | ||
| Source: Michigan Department of State, "2016 General Election Official Results," November 28, 2016 | ||
2010
- See also: Michigan judicial elections, 2010
Brown was re-elected without opposition in the general election on November 2, 2010.[6]
Selection method
- See also: Nonpartisan election of judges
The 221 judges of the Michigan Circuit Courts are selected in an identical manner, each serving six-year terms. They are chosen in nonpartisan elections and must face re-election if they wish to continue serving. Candidates are placed on the ballot via nonpartisan primaries or by nominating petitions.[7] Sitting judges who reach age 70 are allowed to serve out the remainder of their term.[8]
Selection of the chief judge
The chief judges of the circuit courts are appointed by the state supreme court to two-year terms.[7]
Qualifications
To be elected to either of these courts, a judge must:[7]
- be a qualified elector of his or her district;
- be licensed to practice law in the state;
- have at least five years of law practice experience; and
- be under the age of 70.
Noteworthy cases
Michigan tackles juvenile life sentences in light of Supreme Court ruling
When a juvenile is convicted of a violent crime and sentenced to life in prison, most people are shocked. Theories abound as to the reasons for the child’s actions: lack of oversight by his or her parents, societal or cultural stimuli, peer pressure, etc. Year after year for decades, juveniles across the country have been given harsh sentences, up to and including life in prison with no chance of parole, for the crimes they commit as children. In 2012, the Supreme Court of the United States ruled that these life sentences are unconstitutional, violating the juvenile’s Eighth Amendment rights.[9]
Michigan is “second in the nation in the number of inmates serving life for crimes committed at 17 and younger.”[10] As a result, the state's courts have seen an influx of requests for re-sentencing from prisoners who were convicted and given a life sentence while a juvenile. The main question appears to be, does the SCOTUS ruling have a retroactive effect for all current inmates serving life sentences received while a juvenile or does it simply apply going forward?
Judge Archie Brown of Michigan's 22nd Circuit Court was faced with this question recently. He held, in accord with the Michigan Court of Appeals decision, that the ruling handed down by the U.S. Supreme Court in Miller v. Alabama is not intended to be retroactive and denied an inmate's motion for relief from judgment of sentence. Bosie Smith, currently a 37-year-old inmate sentenced to life in prison for the 1992 murder of Kenneth Campbell, had requested that the court re-evaluate his sentence in light of the SCOTUS ruling. Smith has used up all his available appeals and initiated the proceedings under a collateral review, which does not look at the jury's decision. Brown ultimately was unable to make any other decision as he is bound by the holdings of the Michigan Court of Appeals.[11]
This decision from Brown came before U.S. District Court Judge John O'Meara, who found that the Michigan parole statute is unconstitutional post-Miller v. Alabama.[12] Juveniles in Michigan who receive life sentences do so under this statute. As a result, Smith's chances for re-sentencing, along with the hundreds of other prisoners serving similar life sentences, may not yet be dead, though the wait for an ultimate answer could be a long one.[11]
In other states, legislatures are undertaking political means to bring state law in line with the SCOTUS ruling. For example, Wyoming's Senate has passed a bill which would give a mandatory chance for parole after 25 years (time served) to all juveniles convicted of first degree murder in the state.[13]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Michigan State Government, "Engler Appoints Brown to 22nd Judicial District
- ↑ 2.0 2.1 Michigan Secretary of State, "2016 Michigan Unofficial Candidate Listing," April 19, 2016
- ↑ Washtenaw County Trial Court, "Biography of Archie C. Brown"
- ↑ Michigan State Government, "Engler Appoints Brown to 15th Judicial District," March 12, 1997
- ↑ Michigan Secretary of State, "2016 Michigan Election Dates," accessed December 7, 2015
- ↑ Michigan Department of State, "2010 Michigan Official General Election Results," November 2, 2010
- ↑ 7.0 7.1 7.2 American Judicature Society, "Methods of Judicial Selection: Michigan," archived October 2, 2014
- ↑ Michigan Daily, "Washtenaw County judge announces early retirement," May 1, 2014
- ↑ Miller v. Alabama, SCOTUS opinion, June 25, 2012
- ↑ U.S. Supreme Court strikes down juvenile life sentences, mlive.com, June 25, 2012
- ↑ 11.0 11.1 Circuit court judge denies motion to re-sentence juvenile lifer, Annarbor.com, February 6, 2013
- ↑ Judge's ruling gives juvenile lifers another chance at freedom, Annarbor.com, January 30, 2013
- ↑ Wyoming Senate pushes bill to end juvenile life terms, Billings Gazette, February 7, 2013
Federal courts:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Michigan, Western District of Michigan • U.S. Bankruptcy Court: Eastern District of Michigan, Western District of Michigan
State courts:
Michigan Supreme Court • Michigan Court of Appeals • Michigan Circuit Court • Michigan Court of Claims • Michigan District Courts • Michigan Municipal Courts • Michigan Probate Courts
State resources:
Courts in Michigan • Michigan judicial elections • Judicial selection in Michigan
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