By Robert Tomlinson
News Director
KALAMAZOO — A settlement in the proceedings against St. Joseph County Prosecutor Deborah Davis before the Michigan Attorney Discipline Board could happen soon.
On June 3, the Attorney Discipline Board granted a stipulation to adjourn what would have been a June 5 prehearing conference in the proceedings. According to the stipulation, which was filed on June 2, the state’s grievance administrator said that the parties involved – counsel for the Michigan Attorney Grievance Commission (MAGC) and counsel for Davis – have “negotiated and agreed to a consent resolution.”
In the order granting the stipulation, Attorney Discipline Board chairperson David Peterson stated that the two sides are working on finalizing discipline for Davis, which will then be submitted to the Discipline Board for final consideration.
There is currently no timeline for when such discipline will be finalized and submitted for review.
The June 5 hearing that had been scheduled to take place had been a re-schedule of a virtual prehearing conference in the proceedings that was originally marked for March 24. However, the hearing was adjourned to June 5 due to Davis needing more time to seek counsel and discussing any potential resolution.
During the March 24 hearing, Davis said she was not sure at the time who would represent her, but stated there were ongoing discussions at the time with St. Joseph County about insurance and liability. While Davis did find counsel – the stipulation was co-written by James Hunter from the law firm Collins Einhorn Farrell PC of Southfield, Mich., which was noted as Davis’ counsel – St. Joseph County commissioners in May declined to consider a budget amendment that would have paid for her counsel before the board.
As previously reported, Davis is accused of lying to Judge Jeffrey Middleton during a preliminary hearing in an aggravated stalking case in St. Joseph County 3B District Court in January 2024. The accusation led to her firing from the prosecutor’s office as an assistant prosecutor that month.
The complaint, filed by the MAGC in mid-January and based primarily on an investigation done by former St. Joseph County Prosecutor David Marvin, alleged that Davis made “false or misleading statements” about why the victim in the case was not present for the hearing, despite being subpoenaed to testify.
Davis denies the allegations, 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 an incident where the victim had contact with the suspect in the case just prior to that day’s hearing. She argued in her response to the MAGC’s charges that she “acted in good faith” based on the circumstances.
Options for discipline include reprimand, probation, suspension, or disbarment.
Robert Tomlinson can be reached at 279-7488 or robert@wilcoxnewspapers.com.
