Davis reprimanded by Discipline Board, pleads no contest

By Robert Tomlinson
News Director

KALAMAZOO — St. Joseph County Prosecutor Deborah Davis will be formally reprimanded by the Michigan Attorney Discipline Board (ADB) on allegations of lying to a judge while she was an assistant prosecutor.
Davis pleaded no contest to the allegations against her in a consent order for discipline submitted to the ADB on June 11, according to a final report by the ADB dated June 20.
The ADB’s hearing panel concluded that based on the no contest plea and the settlement agreement between Davis and the Michigan Attorney Grievance Commission (MAGC), they found that Davis “knowingly made a false statement of material fact or law to a tribunal or failed to correct a false statement of material fact or law previously made to the tribunal by the lawyer,” as well as violated the Michigan Bar’s Rules of Professional Conduct and “engaged in conduct that is prejudicial to the administration of justice” and “exposes the legal profession” to contempt, censure or reproach.
However, in the report, the ADB panel also stated that while Davis pleaded no contest, both parties agreed that Davis “disputes the accuracy and propriety of the report and investigation even if she does not disagree that the investigation and report occurred as alleged in the formal complaint.”
The reprimand issued by the ADB from the case will remain permanently on Davis’ record, but will not change whether or not she can practice law, nor is she required to disclose it to any active clients. Davis was also ordered to pay court costs of $1,081.70. The reprimand is effective July 12.
As previously reported by the Commercial-News, Davis faced formal action due to an incident from January of 2024 during an aggravated stalking case in 3B District Court Judge Jeffrey Middleton’s court that led to Davis being fired as an assistant prosecutor from the St. Joseph County Prosecutor’s Office.
According to the MAGC’s formal complaint issued Jan. 17, Davis was the prosecuting attorney during a preliminary hearing in the case on Jan. 16, 2024, and made alleged “false or misleading statements” about why the victim in the case was not present for the hearing, despite being subpoenaed to testify. The complaint alleges that Davis failed to tell the court that the reason the victim wasn’t present was “related to the fact that [Davis] had met with the victim shortly before the hearing.” During this meeting, the complaint alleges, Davis told the victim that she planned to dismiss the case, and that because of that the subpoena would be cancelled and she would be free to leave.
During the hearing, according to the complaint, when asked if the victim had left the courthouse with her permission, Davis said that, “Well there was some confusion because [inaudible] and then there was a bond violation and then we did not get to speak after that.” At one point, Judge Middleton replied, “Well, I wish she hadn’t left. She was here under subpoena and then she just drove away?” Davis responded, “I think that there was – I don’t know what you want me to get into on the record, but the concern was that she wasn’t going to testify truthfully today because she was angry and has had contact with [the defendant].”
According to the complaint, when asked by Middleton about why Davis didn’t put the victim “back in her office or something,” Davis said the victim’s “lack of cooperation” was based on “continued contact” from the defendant, which included an apparent conversation they had outside the courthouse, which she said was witnessed by a corrections officer.
“So, at this point he had contributed to the unavailability and hostility of this witness which is the key witness in all of his cases,” Davis said during the hearing, according to a transcript in the complaint. “The testimony that has been provided thus far in this case, the probable cause purposes, maybe it’s enough to bind over, it wasn’t threatening, intimidating, harassing behavior. We don’t have her here to say that today at this point but it was a direct violation, it was knowingly a violation by [the defendant] and he’s so brazen to do it today while we’re all here at the same courthouse.”
The statements Davis made during the hearing about the reason the victim was not present, according to the complaint, led to the court cancelling the defendant’s bond and continuing the hearing to another day, which led to the defendant spending time in jail.
An investigation into the incident was launched afterward by then-prosecutor David Marvin, which concluded that Davis, according to the complaint, “committed misconduct by making false statements to the court” during the hearing, and led to her firing.
Davis denied the allegations in a February response to the MAGC, arguing that Marvin “failed to conduct an unbiased investigation” into the incident, failed to give her due process, and stated the inclination to dismiss the case was “based upon victim’s assertion only minutes before the hearing was starting that she would not be truthful under oath if forced to testify that day” following the incident outside the courthouse.
A prehearing conference before the ADB had been scheduled back in March, but was delayed until June in order to retain counsel and work on a possible consent resolution, and on June 3, a stipulation to adjourn the conference was filed due to the consent resolution being agreed to.
In a statement to the Commercial-News Sunday, Davis maintained that there was “no dishonesty or malicious intent” in her actions, and that the resolution in the case was to “avoid prolonging a process that had already consumed significant time, energy and resources.”
“I chose to prioritize justice and healing over continuing to litigate issues rooted in a flawed internal investigation initiated by a former prosecutor with political motives,” Davis added. “This resolution allows me to focus on the future and reflects the positive transformation that has taken place in our office, which now operates with integrity, professionalism, and renewed purpose.”
Robert Tomlinson can be reached at 279-7488 or robert@wilcoxnewspapers.com.