LANSING — The Michigan House passed a bill last week to prohibit the use of one-person grand juries, a practice that critics say deprives people of proper due process.
Grand juries are groups of citizens tasked with investigating potential criminal conduct and are usually made up of a dozen or more participants.
Michigan law previously allowed prosecutors to convene a one-person grand jury that only includes a judge overseeing the case, essentially giving them increased power over the investigation and charging decisions.
The practice came before the Michigan Supreme Court in 2022 following the indictment of former Gov. Rick Snyder in the Flint water scandal.
Attorney General Dana Nessel brought those charges through the one-person grand jury process, prompting the state court to say that the practice was unconstitutional.
“The one-person grand jury concentrates investigative and charging powers in the hands of a single judge behind closed doors and without opportunity for a defendant to hear evidence against them or challenge its validity,” said Rep. Luke Meerman, (R) District 89, Coopersville. “The use of this legal maneuver erodes public trust and confidence in the impartiality of the justice system.”
The proposal — HB 4434 — would put that policy into state law.
The bill passed through the House with modest bipartisan support. It now sits in the Democratic-controlled Senate, which could consider the proposal in the future.