Every day as experienced Michigan criminal defense lawyers, clients are represented who have extreme legal challenges in front of them. Conviction of criminal charges has many negative consequences that are often life-changing, such as a ruined reputation or even jail time. For public officials, such as the infamous former Detroit Mayor Kwame Kilpatrick, a guilty verdict will almost certainly result in a loss of job and livelihood. However, Michigan voters will have the ability this fall to take the punishments against these individuals a step further, constitutionally banning them from public service.
Last week, the Michigan House of Representatives passed a proposal changing Michigan’s constitution to bar public officials convicted of job-related crimes from office. Because the measure already passed in the Senate, the final decision will be put in front of Michigan voters in the fall.
Should the proposal pass, those convicted of certain felonies within 20 years will be prohibited from taking any state or local elective office, or from holding a position involving policymaking or the control of public assets. Most specifically, legislators focused on crimes related to dishonesty, deceit, fraud, or a breach of public trust that is somehow connected to the defendant’s employment.
Proposal designed to set standards for all public officials
Although this proposal comes in the wake of high-profile government scandals in major Michigan cities, according to the sponsor, Tupac Hunter-D, the measure is not directed at any one individual in particular. Instead, it is designed to set standards for all public officials at any level. Supporters believe that the bill could be easily implemented as a similar provision already exists within the constitution applying to members of the Michigan legislature.
However, many critics maintain that the measure is unconstitutional because it takes the power away from the voters. It is possible for convicted felons to turn their lives around following their experiences within the legal system. Instead, representatives such as Shanelle Jackson-D, argues that voters should have the right to decide on a case-by-case basis whether they want to be represented by a former criminal. “We have an astute electorate. (Voters) can make decisions about the people they want serving,” Jackson commented.
Should the measure pass, the consequences against convicted criminals will be intensified. As a result, many beloved freedoms and rights will be restricted, including the ability to serve in a public office. If accused of any criminal charges, it is important be pro-active in securing a tactical legal defense for your case. Contacting aggressive and knowledgeable Michigan criminal defense attorneys should be the first step. Doing so immediately can not only ensure superior legal advice and legal representation, but also the best protection of your personal liberties.