Michigan District Judge's drunk driving sentences spark controversy
August 12, 2011
Michigan: Judge Kimberly Small, of the Michigan 48th Judicial District Court, is becoming known for her harsh stance on drunk driving. Michigan law limits jail time for first-time drunk drivers to a maximum of 93 days, but there is no mandatory jail time. However, almost all of the first-time drunk driving cases that have come before Judge Small have resulted in jail time for the offender. She received national attention for this practice on July 27, 2011, when she sentenced NBA player Jalen Rose to 20 days in jail for drunk driving. "We have to decide if we're going to get serious about this or not," Small stated to the Detroit Free Press.[1]
Small's methods worry some in the legal field who say that she is overstepping a constitutional boundary and is imposing her bias on the situation. Attorney Robert Larin and professor Kenneth Mogill filed a motion on August 10, 2011 to have Small disqualify herself from hearing drunk driving cases. They claim that she has proven her deep bias and should not hear such cases again. The motion was filed regarding the arrest of Thomas Cygan, a 67-year-old first-time drunk driving offender. The motion will be heard first by Small but may then be appealed to Chief District Court Judge Marc Barron, the Circuit Court, the Court of Appeals, and, finally the Supreme Court, if necessary.
Opinions about Small's policy vary. Defense attorney Steve Fishman explained, "The purpose of sentencing is not to send a message to anybody, it's to judge the facts and circumstances of each individual and impose a sentence that is proportional and appropriate."[1] However, Oakland County Chief Assistant Prosecutor Paul Walton supported the judge's decisions, saying, "Those charged with this offense are a serious threat to the public."[1] The motion for recusal will gauge Small's determination and the other judges' support.
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