Smith Resignation Disagreement

Wayne County Circuit Court Judge Lawrence Talon rejected a portion of Senator Virgil Smith’s (D-Detroit) plea deal in his case where he shot his ex-wife’s vehicle, delaying a final decision on the Senator’s fate.

Senator Smith is facing a charge of malicious destruction of property $20,000 or more, a felony that carries a maximum sentence of 10 years in prison. The Wayne County Prosecutor’s office issued a deal in which Mr. Smith will serve 10 months in Wayne County jail followed by five years probation with some conditions, namely his resignation from the Senate and prohibit him from running for elected or appointment to office during his probation. Judge Talon rejected this portion of the deal, however, stating it would be illegal for him to impose such a condition as it violates the separation of powers. Because Mr. Smith’s actions did not occur in office or to public property, Judge Talon commented there is no law or constitutional provision requiring Mr. Smith to forfeit his seat.

Wayne County Prosecutor Kym Worthy said they are planning to withdraw the plea deal if conditions are not met. The Judge ordered the County Prosecutor to submit any further comments or objections to his ruling by March 21^st.

As of today, Senate Majority Leader Arlan Meekhof (R-West Olive) has not received a letter of resignation from Senator Smith, and it has not been made clear if the Republican majority has considered removing him.

posted by PAA Online , Friday, March 18, 2016 2:07 PM
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