Bill Schuette

Law
10:23 am
Thu February 14, 2013

Michigan AG says federal judge's 'juvenile lifer' ruling not binding

Michigan ranks fourth in the nation for prisoner rehabilitation
Kevin Rosseel morguefile

There’s a difference of opinion between Michigan Attorney General Bill Schuette and the American Civil Liberties Union on how prosecutors should handle a U.S. Supreme Court decision.

The U.S. Supreme Court ruling struck down sentences of mandatory life without parole for juveniles.

Last month, a federal judge ruled that lifers sent to prison as juveniles are entitled to parole hearings.

Attorney General Schuette then sent a letter to prosecutors that says a federal judge’s opinion is not binding on them.

Schuette’s office did not return phone calls, but ACLU attorney Deborah LaBelle says the letter is out of bounds. She says the attorney general can appeal the decision, but he should not tell prosecutors to ignore it.

“They may disagree with that ruling. That’s fine. I understand, but it’s the law right now,” said LaBelle.

“Once a statute is unconstitutional, it can’t be enforced, and I would think the attorney general would know that, and so the parole board cannot deny jurisdiction to these youth,” she said.

LaBelle says legal arguments are due March 1 on how the state should handle requests for parole hearings by juvenile lifers.

Schuette has opposed extending the reach of the decision to the more than 350 Michigan prisoners sentenced as juveniles to life without parole.

He has said it’s not fair to force the families of murder victims to relive their tragedies.

Education
3:22 pm
Thu February 7, 2013

Michigan AG loses a bid to remove Detroit school board members

Bill Schuette Facebook.com

Michigan Attorney General Bill Schuette has been arguing that seven of the eleven school board members on the Detroit school board are holding office illegally and he wants them removed.

He lost a challenge in court early this week.

Chastity Pratt Dawsey reports for the Detroit Free Press that "Wayne Circuit Court Judge John Gillis Jr. denied State Attorney General Bill Schuette’s motion for summary disposition and granted the school board’s motion, effectively allowing the school board to continue to hold office."

In a statement released today, the attorney for the school board, George Washington, called the lawsuit bogus:

George B. Washington, attorney for the Detroit School Board, said “We are glad that this lawsuit has been exposed as the bogus claim that it always was. Attorney General Schuette and Governor Snider [sic] filed this lawsuit to prevent the largely black and Latino citizens of Detroit from having any say over their own schools. The Attorney General should not appeal this decision and he and the Governor should stop trying to destroy elected government in the City of Detroit."

Schuette has argued that the Detroit school board members cannot be elected by district, because state law requires that a school district have 100,000 students or more to elect board members that way.

It's the difference between a "first class" school district, and a "general powers" school district.

He's argued that Detroit hasn’t met that threshold since 2008.

In his decision, Judge Gillis Jr. wrote that the state code does not address what should happen in a district where student enrollment has declined.

Law
4:48 pm
Tue February 5, 2013

Stateside: Michigan's Attorney General talks about human trafficking

Bill Schuette Facebook.com

The following is a summary of a previously recorded interview. To hear the complete segment, click the audio above.

When you hear the term "human trafficking" and let yourself think about what that entails, you might think of it as something that happens overseas, perhaps in exotic places.

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Law
3:28 pm
Tue January 22, 2013

Federal judge will hear arguments over Lansing's proposed downtown casino

Artist's conception of proposed Kewadin Lansing casino
Steve Carmody/Michigan Radio

A federal judge in Grand Rapids will hear arguments Wednesday in a case that may determine if Lansing will get a downtown casino.

A year ago, the Sault Ste Marie Tribe of Chippewa Indians announced plans to build a casino that would wrap around Lansing’s downtown convention center.   The plan included the construction of a temporary casino along Michigan Ave.  

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Education
7:20 pm
Thu January 10, 2013

Schuette, Detroit school board clash in court

Michigan Attorney General Bill Schuette continues his effort to remove some Detroit school board members.

A Wayne County judge heard oral arguments Thursday about Schuette’s lawsuit to throw out seven board members elected by district.

Schuette says state law only allows so-called “first class” school districts to elect board members that way. He says Detroit hasn’t met that threshold since 2008.

School board attorney George Washington insists his clients followed the law "as the legislature wrote it."

Washington also noted the lawsuit was only filed in 2012, after Michigan’s emergency manager law was suspended.

“They were happy with the way the school board was elected, until they thought they might not have a financial manager," Washington said. "And then they said, ‘Well, we gotta get rid of the board. No matter what the law says, or what we’ve allowed to happen.'"

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Breaking
4:35 pm
Wed January 9, 2013

Michigan Court of Appeals upholds benefits for live-in partners of state employees

Mike Russell Wikimedia Commons

A divided Michigan Court of Appeals has upheld extending health benefits to the live-in partners of state employees.

Michigan Attorney General Bill Schuette challenged the state Civil Service Commission agreement with public employee unions.

Among other things, the attorney general says the policy violates Michigan’s constitutional ban on same-sex marriage and civil unions.

But the court’s majority said the policy makes no distinction between people in same-sex relationships and heterosexual live-in partners.        

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Law
2:32 pm
Fri December 21, 2012

Michigan Attorney General files terrorism charges against I-96 shooter

Livingston County Sheriff's Department

The man suspected of firing shots at more than 20 vehicles along I-96 and nearby roads faces a charge of terrorism and other felonies.

State Attorney General Bill Schuette filed the charges Thursday.

43-year-old Raulie Casteel could face life in prison if convicted. He also faces 60 counts in Oakland County related to the shooting spree.

Joy Yearout is a spokesperson for the attorney general. She said the charges are meant to send a message.

“Certainly terrorism is an unusual charge, but the facts of this case warrant it,” Yearout said.

The attorney general is consolidating cases related to shootings in Ingham, Livingston, and Shiawassee counties.

One person was injured in the shootings.

Economy
12:33 pm
Fri December 14, 2012

Michigan grants available for first-time homebuyers, refinancing too

Michigan won $97.2 Million in lawsuit for Mortgage Irregularities
Lester Graham Michigan Radio

First time homebuyers may be eligible for up to $5,000 in state grants.  The grants are part of a settlement against the five largest mortgage servicers.

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Politics & Government
4:43 pm
Thu December 13, 2012

Schuette says right-to-work will survive court challenge

Firefighter unions will be exempt from Michigan's new right-to-work law.
Michigan Municipal League flickr

State Attorney General Bill Schuette says he expects Michigan’s new right-to-work law will be challenged in court, and he expects it will survive those lawsuits.

One possible challenge would focus on different treatment for different types of unions.         

The law will allow workers for unionized employers to opt out of paying dues or fees. But the law won’t apply to police and firefighter unions.

Schuette said that could create too much disharmony in public safety units that require order and discipline.

“Firefighters, first-responders, law enforcement – they’re on the front lines of public safety. They have a very important, unique responsibility, making sure our streets and our neighborhoods are safe and secure, so this is a very appropriate carve-out. It was a correct carve-out,” he said.

Schuette said the law does apply to the state’s 35,000 civil service employees.

Some interpretations of the state constitution say the law can’t touch civil service workers. That’s because they are governed by the Michigan Civil Service Commission.

Politics & Government
7:04 am
Fri November 30, 2012

Michigan Attorney General asks U.S. Supreme Court to decide affirmative action ban

Michigan Attorney General Bill Schuette wants the U.S. Supreme Court to decide on the state's affirmative action ban.
US Supreme Court

State Attorney General Bill Schuette is asking the U.S. Supreme Court to uphold Michigan’s ban on affirmative action.

Schuette filed to submit the case to the land’s highest court Thursday.

Last month, a lower court threw out a voter-approved state ban on affirmative action.

Joy Yearout is a spokesperson for the attorney general.

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Law
12:42 pm
Wed November 28, 2012

Lansing judge says medical marijuana law "screams for legislative clarification," dismisses cases

Neeta Lind Flickr

A Michigan judge has ruled against the state Attorney General’s office in a series of criminal cases brought against four employees of Lansing-based medical marijuana dispensaries.

Lansing District Court Judge Hugh Clark Jr. dismissed the felony drug-dealing charges last week, saying the state’s medical marijuana law "screams for legislative clarification in numerous areas."

The Lansing State Journal has more:

The case surrounded multiple purchases of marijuana last year by four undercover police officers at HydroWorld locations on South Martin Luther King Jr. Boulevard and West Barnes Street.

They bought about 1/8-ounce of marijuana each time.

The Attorney General’s office filed charges against the employees, saying that the undercover officers were able to purchase marijuana even though they didn’t have state-issued medical marijuana cards.

The officers, according to testimony, filled out applications for the ID cards and a doctor — without ever seeing the officers — approved them.

Clark based his ruling on a recent Michigan Supreme Court decision that said a doctor’s diagnosis serves as a defense against possession charges for someone without a medical marijuana card.

The Attorney General’s office may seek an appeal, while civil lawsuits seeking to shut down the HydroWorld locations are still pending, the Lansing State Journal reports.

- Jordan Wyant, Michigan Radio Newsroom

Politics & Government
4:35 pm
Mon November 19, 2012

Schuette: Changes to Blue Cross overhaul bills not enough to protect seniors

Bill Schuette for Michigan Attorney General

Michigan’s attorney general says state lawmakers must add more safeguards for seniors to legislation that would overhaul Blue Cross Blue Shield of Michigan.

Bill Schuette testified Monday before the House Insurance Committee.

Schuette said bills passed last month by the Senate did not do enough to make sure Blue Cross continues to offer Medigap plans to seniors.

The program covers costs that Medicare doesn’t.

The attorney general said the proposal would drastically cut funding for Medigap, and only requires Blue Cross to offer it through 2016.

“I think the last thing we want is to have skyrocketing Medigap rates, or Medigap disappear altogether,” Schuette said.

Blue Cross officials say the measure gives seniors plenty of time to switch to more comprehensive and affordable plans.

The legislation would end Blue Cross’ tax exempt status. In return, the state would have less oversight of the Michigan’s largest health insurer.

Law
12:47 pm
Thu November 15, 2012

Charges filed against Michigan medical marijuana centers

Proposed changes to the medical marijuana law in Michigan could add regulations to how users can grow and store the plant.
user elioja Flickr

Michigan voters passed a medical marijuana law in 2008, but state prosecutors say its being abused.

The Times Herald of Port Huron reports on charges being leveled against a marijuana dispensary group:

Michigan Attorney General Bill Schuette filed charges Wednesday against six people connected to an investigation of the Blue Water Compassion Centers in St. Clair, Sanilac and Tuscola counties.

Authorities raided the centers, which distributed information about medical marijuana and other products, on Dec. 9, 2011 in Kimball Township in St. Clair County, Denmark Township in Tuscola County, and Worth Township and Lexington in Sanilac County.

Authorities also raided a greenhouse in Worth Township as well as the home of Debra Amsdill.

Six people face multiple felony charges, according to information and warrant documents from the attorney general’s office.

Debra Amsdill, an owner of the Blue Water Compassion Centers, said she would issue a statement on the charges tomorrow.

Politics & Government
5:23 pm
Wed November 14, 2012

State lawmakers introduce "juvenile lifers" bills

A group of state lawmakers say it is time for Michigan to change the way it sentences juveniles convicted of murder.

This summer, the U.S. Supreme Court ruled it is unconstitutional to sentence juveniles to mandatory life sentences without the chance of parole.

Bills in the state House would strike that type of sentence from state law.

An important question is whether the ruling applies to people already serving mandatory life sentences. Democratic state Representative Mark Meadows said it does.

“If it’s a violation of the Constitution to sentence individuals in this manner, then it was unconstitutional prior to that time too,” said Meadows.

Sponsors of the legislation say they will push to apply the ruling retroactively. But they say they are willing to pass bills that only apply it to new cases.

State Attorney General Bill Schuette says re-sentencing convicted offenders would be too painful for victims’ families.

Law
1:25 pm
Tue November 13, 2012

Tribe asks federal court to dismiss "meritless" state lawsuit to block Lansing casino

Artist's conception of the proposed Kewadin Lansing casino
Steve Carmody/Michigan Radio

The Upper Peninsula Native American Tribe says a lawsuit trying to prevent it from building a casino in Lansing is “utterly without merit”.

Michigan’s Attorney General filed a lawsuit in September challenging the right of the Sault Ste Marie Tribe of Chippewa Indians to build a casino in downtown Lansing.

Attorney General Bill Schuette says the casino project would violate federal law, as well as a gaming compact with the state.

But in its response to the state’s lawsuit this week, the tribe describes the state’s case as “meritless”.

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Law
3:26 pm
Wed October 17, 2012

Michigan Appeals Court could determine resentencing of juvenile lifers

Michigan Court of Appeals
Mike Russell Wikimedia Commons

The Michigan Court of Appeals began hearing arguments Tuesday on a case that could determine the fate of Michigan’s “juvenile lifers.”

The case comes in the wake of a ruling by the U.S. Supreme Court in June determining  that mandatory life sentences without the possibility of parole for minors constituted cruel and unusual punishment.

MLive’s Jonathan Oosting has more:

Read more
Politics & Government
7:08 am
Tue October 2, 2012

Felons with "four strikes" now face at least 25 years

Violent felons convicted of four offenses now face at least 25 years in prison, under a law signed by Governor Rick Snyder.

In a written statement, Governor Snyder says the new law holds chronic offenders accountable, while giving some peace of mind to victims and their families. 

Read more
Politics & Government
8:46 am
Wed September 26, 2012

The week in Michigan politics

cncphotos flickr

Every Wednesday Michigan Radio's Morning Edition host Christina Shockley and Michigan Radio's political analyst Jack Lessenberry talk about what's been going on in the news when it comes to Michigan politics. This week they talked about a Michigan family's request to release a Marine Veteran imprisoned in Iran in order to see his ailing father in Flint, where the state's incarceration system stands when it comes to inmates releases in Genesse County and Attorney General Bill Schuette's stance on juvenile lifers, and the Kwame Kilpatrick trial.

morning news roundup
7:29 am
Tue September 25, 2012

In this morning's Michigan news headlines. . .

User: Brother O'Mara flickr

Michigan Attorney General fights to keep juvenile lifers behind bars

"State Attorney General Bill Schuette has not given up on trying to keep so-called juvenile lifers behind bars. Next week, he plans to file to join a case before the state Court of Appeals involving a 21-year-old man convicted in 2006 of assisting a murder. The US Supreme Court in June struck down mandatory life sentences without parole for juveniles as unconstitutional. Schuette spokeswoman Joy Yearout says the attorney general believes the ruling should not apply to people who are already serving sentences. The ACLU of Michigan says the state cannot continue to keep people in jail without a new hearing if the US Supreme Court says the sentence is cruel and unusual. Michigan has more than 360 people serving mandatory life sentences for crimes committed when they were under the age of 18," Jake Neher reports.

Flint family pleas for Marine's release

"The family of a Marine veteran  imprisoned in Iran for more than a year, says time is running out for the family to reunite. The Marine's father, a professor at Mott Community College, has been diagnosed with an aggressive brain tumor. Amir Hekmati is still being held in Iran on charges of spying for the United States. Both his family and the US government say he is not a spy. But their pleas for his release haven't worked - although his death sentence was overturned by an Iranian court. The family is pleading for their son's release while Amir's father is still alive. The Hekmatis are holding a candlelight vigil in Flint today. They hope their case will be discussed with Iranian President Mahmoud Ahmadinejad while he's in New York this week for a meeting at the UN," Kate Wells reports.

Research buoy shows wind in Lake Michigan averages 22 mph

"Wind speed in the middle of Lake Michigan appears to be some of the best in the state for developing wind energy. That’s according to preliminary data from a high-tech research buoy that’s been anchored there all summer. Early data show the average offshore wind speed is at least 22 miles an hour. Wind farms have been built on land in Michigan where wind speeds average around 17 miles an hour. The research buoy will continue collecting data through December. Ultimately it could determine whether an offshore wind farm is viable in Lake Michigan," Lindsey Smith reports.

Politics & Government
5:08 pm
Mon September 24, 2012

Michigan AG continues fight to keep juvenile lifers behind bars

Michigan Attorney General Bill Schuette.
Bill Schuette Facebook.com

State Attorney General Bill Schuette has not given up on trying to keep juvenile lifers behind bars.

Next week, he plans to file to join a case before the state Court of Appeals involving a 21-year-old man convicted in 2006 of assisting a murder.

The U.S. Supreme Court in June struck down mandatory life sentences without parole for juveniles as unconstitutional.

Schuette spokeswoman Joy Yearout says the attorney general believes the ruling should not apply to people who are already serving sentences.

"For many of these cases it's been years, decades even, since the crime occurred. And these victims’ families thought they had a sense of closure. This could result in them having to be hauled back into court, relive the crime, be re-victimized again. And it would really be a mess for our justice system here in Michigan," says Yearout.
    
The ACLU of Michigan says the state cannot continue to keep people in jail without a new hearing if the U.S. Supreme Court says the sentence is cruel and unusual.

Michigan has more than 360 people serving mandatory life sentences for crimes committed when they were under the age of 18.

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