State Senator Virgil Smith (D-Detroit) may be in
trouble with his own caucus and face sanctions from Senate leadership after
being charged with three
felonies and one misdemeanor related to a weekend altercation with his ex-wife
that allegedly ended up with her vehicle being shot.
Senator
Smith was arraigned on charges of felonious assault, malicious destruction of
personal property $20,000 or more, domestic violence assault and battery and
felony firearm charges. All of the charges, except the domestic violence
charge, are felonies, and, if convicted, he could face many years in prison.
After
being arraigned this week at the 36th District Court in Detroit,
Senate Minority Leader Jim Ananich (D-Flint) announced Senator Virgil Smith was
being removed from the Senate Democratic Caucus along with the five committees
on which he serves.
Under
Article IV, Section 16 of the Constitution, the Senate is the sole judge of the
qualifications of its members. Through the years, this language has been used
to force the resignation of members convicted of felonies, and even expel
members who have not been convicted.
If
Senator Smith is convicted of the charges before him, his days in the
Legislature would likely be over.
Michigan’s Constitution bars anyone convicted of a felony involving a
breach of the public trust in the preceding 20 years from serving in the
Legislature. Although this incident may not
be considered a breach of the public trust, the Senate has long accepted that
any member convicted of a felony while in office must resign or face expulsion.
Senator
Smith’s official website has been taken down and replaced with a simple message
saying "Senator Virgil Smith's office will continue to be open and
available to assist constituents of the 4th Senate District," along with
the office's email and phone number.