MUNISING, Mich. (WZMQ) – The Alger County Prosecutor’s Office has filed a writ of superintending control to remove the Honorable Brian Rahilly, Judge of the 11th Circuit, from all criminal cases in Alger County.
According to a press release, the writ was filed due to ‘apparent impropriety and bias against law enforcement and attorneys in violation of the Michigan Code of Judicial Conduct.’ The writ follows similar motions filed by the Mackinac County Prosecutor’s Office to remove Judge Rahilly from criminal cases there.
Alger County Prosecutor Robert T. Steinhoff said, “It has come to my attention that as part of an ongoing investigation in Mackinac County, text messages and images sent by Judge Rahilly to the suspect appeared to show Judge Rahilly intentionally and improperly forced settlements to criminal cases in Alger County, as well as a disdain for law enforcement, the criminal process, and certain attorneys. After reviewing the text messages, I took immediate action to ensure the integrity of the criminal justice system in our county. I am extremely disappointed in the tenor of those messages, especially those that seem to disparage the efforts of law enforcement, and felt as if I had no other choice given the evidence presented.”
According to the Mackinac County filings, the messages came to light as part of an ongoing investigation of Judge W. Clayton Graham, 6th District Probate Court for Luce and Mackinac Counties. The messages, extracted from Judge Graham’s phone over a period of more than two years and included in the public filings of the Mackinac County Prosecutor’s Office to remove Judge Rahilly, show numerous disparaging conversations between Judge Rahilly and Judge Graham about the attorneys and cases of the 11th Circuit. Prosecutor Steinhoff cited several of these conversations in his filing. The following messages are formatted for printing with phone numbers and curse words redacted, but otherwise unaltered.
On September 7, 2022, a conversation between Judge Rahilly and Judge Graham seems to suggest that Judge Rahilly intentionally scheduled a criminal trial just two weeks before a murder trial was set to take place in Alger County with the goal of forcing the prosecution to settle the first case.
“The Alger County Prosecutor’s office is a single-attorney office, and at the time, the pending murder case referenced was one of the most complex and egregious criminal cases this county had seen in decades and would take weeks to try,” said Prosecutor Steinhoff. “I objected to the scheduling as it was unreasonable to expect our office to manage two felony criminal trials back-to-back, but the Court declined to move the newly set preceding trial. I am shocked, and frankly disturbed that it seems Judge Rahilly intentionally used the scheduling power of the Court to force a settlement in a criminal case.”
On February 3, 2023, Judge Rahilly appears to question the validity of the cases put forth by the Alger County Prosecutor’s Office. Specifically referenced was a felony criminal trial where the defendant was charged with resisting and obstructing arrest:
“I remember that case well,” said Prosecutor Steinhoff. “Officers were called to the defendant’s home for three aggressive dogs that were continually loose. The officers had to take the defendant to the ground to arrest, and I have a policy to not offer pleas in cases involving physical altercations with police to protect law enforcement. I was disappointed in the jury’s verdict then, but am even more disappointed that Judge Rahilly thinks it ‘a waste of time’ to
seek justice.”
At two different times last year, messages from Judge Rahilly seem to indicate further disdain for Alger County law enforcement as well as for local attorneys:
This week’s Circuit Court dockets in both Mackinac and Alger counties have been canceled. Both the motions for disqualification from the Mackinac County Prosecutor’s Office and the Writ of Superintending Control from the Alger County Prosecutor’s Office are yet to be scheduled for hearings.
