By Robert Tomlinson
News Director
ST. JOSEPH COUNTY — Voters in St. Joseph County will be effectively electing who will be prosecutor for the next four years in the August election.
There are three Republican hopefuls vying for the seat of prosecutor: current St. Joseph County prosecutor David Marvin, former assistant prosecutor Deborah Davis, and former St. Joseph County prosecutor John McDonough. As there are no Democrats running in the primary, the Aug. 6 vote will effectively be the election for the position, with the winner of the primary running unopposed on Nov. 5.
The Commercial-News sent several questions to all three candidates about their plans for the position and why they should be elected. The answers given are presented and formatted here as they were written and unedited, and are presented in alphabetical order by last name.
Who are you, where are you from, and what is your current occupation?
Deborah Davis: I was raised in Centreville and attended Centreville Public Schools from Kindergarten through high school graduation in 1999. I attended Western Michigan University, graduating with a Bachelor of Arts in Communication with a minor in Psychology in 2003. I attended Thomas M. Cooley Law School, graduating in May 2007, and took the July 2007 Bar Exam. I started my own private practice in Colon, Michigan, upon receipt of my Bar Exam results in November 2007. From then until March 2020, I built, managed, and maintained a successful, well-respected law office where I employed two support staff to assist me. I handled thousands of cases during those years, including criminal defense of misdemeanors and felonies and conducting two (2) Circuit Court jury trials where court-appointed clients were charged with murder. I also practiced regularly in family law cases such as divorce and custody matters, adoptions, and guardianships; along with real estate transactions, estate planning and administration, and business formation/contracts. I was hired in June 2020 as a Special Assistant Prosecutor for St. Joseph County, and then hired in full-time as an Assistant Prosecutor in early 2021. I worked a total of 3 ½ years for the county, and have continued in private practice since announcing my plans to run for elected prosecutor in early 2024.
David Marvin: David Marvin, born in the old hospital and raised in Three Rivers. Living on the St. Joe River in Lockport Township, I am the St. Joseph County Prosecutor.
John McDonough: My name is John McDonough I am a lifelong St. Joseph County resident, I graduated from Three Rivers High School in 1998, The University of Michigan in 2002 with a degree in Political Science, and received my law degree from Thomas M Cooley Law School in 2005. I passed the bar exam in 2005 and immediately began working in the St Joseph County Prosecutor’s Office, serving as the elected prosecutor from January 1, 2009 until December 31, 2020. I love watching all sports, especially when my kids are playing in the games. This is why I have missed some of the parades this summer, I’ve been out of town watching them play baseball and softball, missing their games is something I would never give up as family is number one to me. Playing golf (not very well anymore) is also something I love to do, on the rare occasion that we have a free weekend, my wife and I enjoy teeing it up at one of our county’s amazing courses. I have also loved coaching my kiddos and their friends in the many different sports they have played over the years.
What has been your experience in public service to date?
Davis: After the unprecedented mandates and closures in early 2020, I reduced my staff and caseload, and was sought out and hired part-time by the St. Joseph County Prosecuting Attorney’s Chief Assistant in June 2020. I was hired to assist with the backlog of felony preliminary exam files as the office was short-staffed. The elected prosecutor had terminated the assistant prosecutor that handled felonies, and then the elected prosecutor himself was unable to work for an unknown amount of time. This left only three (3) of the five (5) prosecutors usually employed full-time.
I continued part-time through the end of 2020, to assist with the transition from former Prosecutor John McDonough to first-time prosecutor-elect David Marvin. When a full-time Assistant Prosecutor position became available in early 2021, I was hired in as the Assistant Prosecutor entrusted with handling the most serious victim crimes, including cases of Criminal Sexual Conduct, Domestic Violence, Assaults, as well as the majority of the District Court caseload of civil infractions and misdemeanors. As an Assistant Prosecutor from February 2021 to January 2024, I conducted the majority of the capital felony trials, and handled five (5) times the number of criminal jury trials as the elected Prosecutor.
I have also served on boards and been an active member for various organizations, including the Commission on Aging, 4-H Youth Council, the St. Joseph County Grange Fair Association Board of Directors, the St. Joseph County Bar Association, and the Children’s Law Section of the State Bar of Michigan. I was a founding member and current director for Magi Youth Sports, Inc., a 501c(3) non-profit corporation that provides safe, affordable, quality sports activities for the youth of St. Joseph County throughout each year.
Marvin: For 5 years, I served pro bono as an attorney-arbitrator for the Better Business Bureau of West Michigan in Grand Rapids where I arbitrated cases involving contract and trade disputes between consumers and small businesses throughout West Michigan. I also arbitrated cases involving Michigan lemon law – those aggrieved by the automobile manufacturers. I’ve served 4 years as St. Joseph County Prosecutor.
McDonough: I am currently a member of the Three Rivers school board and have previously served 3 terms as the Joseph County Prosecutor. As prosecutor I successfully prosecuted some of the most difficult and most publicized cases the county has ever seen, convicted dozens of sexual predators, was a one of the leaders in starting the county’s sobriety court, adult drug treatment court, swift and sure program, I served the interests of thousands of victims over the years, and was a member of many county boards and committees.
Why did you decide to run for prosecutor?
Davis: I When I agreed to work part-time as a Special Assistant Prosecutor in June 2020, I had no idea how much I would end up enjoying this area of the law. I initially agreed to assist out of my sense of obligation to help my community and my desire to help my respected colleagues in the criminal justice system. My breadth and depth of experience in the practice of law was an asset in that role, and I quickly realized that prosecution was the best use of my legal knowledge, tenacity, compassion, and dedication to community service.
As I excelled in prosecution, I realized that my full potential wasn’t being met in the role as Assistant Prosecutor and there were changes desperately needed in the management of the office and cases. Prosecutor Marvin nearly resigned within the first year, and repeatedly stated to the rest of the staff he “hated” prosecution and the departments/administration of the Court system. The dynamic in the office became toxic, both in the office and with other departments. I believed wholeheartedly that I could dramatically improve the morale and functioning of the prosecutor’s office, but there wasn’t any interest from the elected official who held the power and control. I realized that in order to implement the necessary changes, I would need to be the elected Prosecutor.
Marvin: Our law enforcement community needed a leader when I began as prosecutor in 2021. I made an immediate impact during a time when the office was severely compromised due to years of neglect, mismanagement and backlogged due to the COVID pandemic.
McDonough: I chose to run for prosecutor because serving my community is something that is extremely important to me. Growing up with a mother who inspired so many children as a teacher for over 30 years in the Three Rivers Community Schools and a father who served two terms as mayor of Three Rivers, Supervisor of Fabius Township, and was a member of many boards and committees at the local, state, and federal levels, ingrained into me the value and importance of giving back to the community you are a part of.
Drug crimes are one of the biggest categories of crime the county faces every year. As prosecutor, how would you utilize the resources of the courts and your department to address these types of crimes?
Davis: Drug crimes are rarely isolated, and often have co-occurring issues of untreated mental health conditions and poverty. My goal is to treat the addiction along with providing the resources necessary to prevent defendants from returning to the criminal justice system. We have the benefit of multiple specialty treatment programs, and a variety of diversion options for defendants who choose to embrace sobriety. We also have the option of incarceration if treatment and rehabilitative options have been exhausted or declined. By encouraging the rehabilitative options, we can assist our fellow citizens with getting on the path to recovery and reduce the likelihood of re-offending by also treating the triggers of mental health needs and poverty. Rehabilitative programs and probation can result in defendants becoming productive, law-abiding citizens.
Marvin: I already am using resources to tackle this problem. Adult Drug Treatment Court (ADTC) is an intense substance abuse probation program available to only those defendants who are referred by my office. Every drug case is reviewed with treatment potential in mind and those who are sincerely seeking sobriety are considered. Some defendants are not a good fit due to violence or other disqualifying factors and can petition – through their defense attorney – for other specialty court options.
McDonough: I work with the judges, sheriff, chief’s of police, and other community leaders and law enforcement officials to stay on the cutting edge with treatment programs and law enforcement policies that keep our community safe but also attempting to rehabilitate those offenders who qualify for and want to become positive, sober, and productive members of our community.
Right now, the Prosecutor’s Office is facing an understaffing issue, something that many offices around the country are facing. What specific strategies would you use to help reverse this trend?
Davis: St. Joseph County’s understaffing issue was foreseeable as well as avoidable, and is the direct result of weak leadership and mismanagement of resources by the elected Prosecutor. I would immediately negotiate higher pay for the Assistant Prosecutors in order to be competitive with the surrounding market. However, you not only have to pay employees well, you must train them well and treat them well. I would provide training for both the prosecutors and law enforcement in order to have a team of highly-effective employees that the public can trust to defend their rights and provide a safe community in which to live, work, and raise their families. Attorneys are prone to “burn out”, and it is important that a health work-life balance is encouraged and implemented for the entire staff to promote satisfaction and reduce turnover.
Marvin: The immediate solution is work, work, work. Getting to the office early, working a full day and taking work home is non-negotiable. This is what the public should expect from a public servant; especially from one who holds such an important role in the county. Meanwhile, I’m leveraging attorneys who are near retirement to assist. I’ve used two attorneys recently on a part-time assignment basis to offer some immediate relief. I’m currently working directly with the Office of the Attorney General to assist in prosecuting several cases involving criminal sexual conduct.
McDonough: My administration would be different because I would go back to the way I ran the office, fully staffed, positive environment where people aren’t afraid to be themselves and share their opinions, the doors would be open, I would be accessible to other attorneys, law enforcement officers, and the citizens and so would my staff. I would attend events throughout the county and encourage people to communicate issues they may see both positive and negative.
How would you ensure justice is served not just for the community, but for the victim(s) in a specific case?
Davis: The community a prosecutor represents is a combination of not only victims and the general public, but also the accused. The rights of each segment of the population are equally important. Unlike criminal defense where the attorneys are expected to zealously advocate for their client, a prosecutor is to zealously advocate for justice. By maintaining an unbiased approach to case review, and being conscientious in preparation, I can determine the most appropriate resolution to a case in balancing all relevant factors.
Marvin: To represent that justice can be served for individual victims in specific cases is intellectually dishonest.
Citizens should review the Michigan Constitution – MCL Article I Section 24. which enumerates rights of victims, including, but not limited to the following: to be treated with fairness and respect for their dignity and privacy; reasonable protection from the defendant throughout the criminal justice process; notification and the right to attend all court proceedings.
McDonough: Be strong and hold those who commit these offenses accountable with tough penalties but understand that listening to victims and respecting their opinions is also very important, revictimization is something that should be avoided when possible. Also, ensure that thorough investigation is done by law enforcement so cases are as strong as possible. Support and sponsor training for law enforcement and all others that work with these victimized groups to ensure everyone knows how to not only investigate these cases of abuse but also how to work together and use each other as resources to give these victims the most support the community can give them.
What specific qualities do you believe a prosecutor should have to do their job effectively?
Davis: An effective prosecutor must not only have competent working knowledge of the law, rules of evidence, and court rules, but also the ability to take each case on its own merits and make decisions with the ultimate goal of justice and protection of society. A prosecutor must set their ego aside, and be able to accept that there will be unpopular decisions that must be made and uncomfortable situations, but yet have the mental fortitude and confidence to maintain the integrity of the judicial system.
An effective prosecutor should have a teachable mind and a compassionate heart. There will always be changes in the law that occur and prosecutors are tasked with the difficult responsibility of not only carrying out the laws but also being willing to challenge them for the sake of justice. It is an extremely fine line that must be respected and never abused; but a prosecutor must also have the courage to suggest changes in the law to promote justice without fear of personal or political repercussions.
Marvin: Integrity.Truth and justice is not recognizable to a person without integrity.
Pursuit of justice. A prosecutor must demonstrate that doing the right thing is more important than personal advancement, convenience and political pressure or social connections.
Leadership. The prosecutor is in an unique position to unify all county stakeholders – business owners, educators, law enforcement and law-abiding tax payers for the common purpose of improving our quality of life at the local level.
McDonough: Yes, integrity is something that you must possess to be an effective leader and prosecutor, and I think a key point of integrity is admitting when you’re wrong or have made a mistake and taking responsibility for that mistake and ensure something like that never happens again, I have made many mistakes some big and some small and have learned from each one of them. Another part of integrity is making the correct decision even if it is not the popular one, this is something that arises frequently when you are prosecutor.
Each of you comes into this race with a bit of baggage, big or small, whether it be prior investigations, allegations and investigations into impropriety, or prior arrest(s). How do you believe these prior events may affect your candidacy, if at all, and why should people trust you to do the job?
Davis: I practiced law for 16 years without a single reprimand, sanction, or formal investigation regarding my conduct. The weaponization of prosecutorial discretion and governmental immunity resulted in a complete disregard for my due process rights for the political gain of my opponent in January 2024. To this date, I have not been sanctioned, reprimanded, or otherwise disciplined by a competent source of authority.
My opponent chose to disregard the basic principles of due process as well as the Michigan Court Rules in order to attempt to discredit my reputation and impune my character. This behavior speaks more to his character flaws than the baseless accusations he has made about me. My personnel file had zero reprimands, disciplinary notes, or documentation of alleged behavior until this baseless accusation in January 2024. I have cooperated completely with all inquiries, provided detailed documentation, and remained professional despite the continual controversy surrounding this situation that has been unfairly spread by my opponent.
The people can trust me to carry out the duties of competent, effective prosecution because I have a proven track record of doing so over a significant period of time. My former employer/current opponent’s actions, including the apparent total disregard of my own right to due process with his allegations against me, have further deepened my commitment to ensure justice for ALL. This includes the accused, whether it be a minor allegation or a major one. ALL people deserve the basic right to due process.
Marvin: This question is premised on an incorrect assumption. I fired a prosecutor for lying to a judge during a court proceeding resulting in a man spending 3 nights in the county jail. Upon her exit, she filed a formal complaint with the county, claiming mistreatment by me. The county paid a special investigator to review the claims and after multiple interviews over almost three months, the claims were found to be unfounded, baseless and not true.
McDonough: The last four years have been a time to humbly take a look at my life and make changes so that the terrible mistake I made doesn’t happen again. I’ve realized that being our county prosecutor was the best job in the world and it something I took for granted and will never do that again.
What is your leadership style, and how will it help effectively run the Prosecutor’s Office?
Davis: I lead by example, and my philosophy is that I should surround myself with people that are as motivated as I am to improve their skills so that our community is never without competent, dedicated legal representation in the prosecutor’s office. Each attorney has a slightly different perspective, which is key in having a balanced approach to charging cases through resolution of cases.
My ability to listen to my colleagues and trust their opinions has allowed me to truly embrace “justice” in prosecution. I am also the type of person that wants to bring up those around me, instead of stepping on them to get ahead. I have a servant’s heart, a teachable mind, and a brave soul, which guide my ability to make rational, case-by-case decisions that are designed to ensure fair, even-handed justice for all.
Marvin: I lead by example in everything I do. Very few people match my work ethic and loyalty to whatever cause I am committed – in this case, the public health, safety and welfare of St. Joseph County. I’ll continue to search for those worthy to join me in supporting our county and I will continue to eliminate those who are unfit for the work of justice.
McDonough: I would compare my leadership style to that of a head football coach where the major decisions are made and certainly I take responsibility for the big convictions and the cases in which someone is not happy with the result of a case, the buck stops with me, however I let my assistants make decisions in cases that they are assigned and I stand by their decisions, I love throwing ideas by my staff to get a number of opinions to make sure I have different perspectives to look at when I make decisions, and welcome questions from all of my assistants. I am definitely not a micromanager and see all of my staff as integral parts of our team. I hire people that I trust can handle the work they are given.
Overall, why do you believe you are the best candidate for prosecutor?
Davis: My knowledge, skills, and experience give me the necessary foundation for successful prosecution; but those combined with my tenacity, character, and genuine desire to serve my community and lead the Prosecutor’s office make me the ideal candidate for this position.
Marvin: I am a man of integrity with a work ethic second to none. I go about my work with heart and soul. I understand the bigger picture: the promise of self-government and liberty can only be realized through individual responsibility and this begins (succeeds) or ends (fails) at the local level.
McDonough: You will not find a person who loves representing our county more than I do, I am the best candidate for the job and have more experience than both of my opponents combined, I would love your vote on August 6th.
Robert Tomlinson can be reached at 279-7488 or robert@wilcoxnewspapers.com.
