GPS "House Arrest" Tether Not Available for Felony Drunk Driving Sentences

A few years back, this blog touted Oakland County's "virtual work release" program.  To alleviate chronic jail overcrowding, the Sheriff developed the program which utilizes a global positioning system to ensure that offenders are truly under "house arrest" when they complete their work day.

There is a certain class of offenders, however, that cannot take advantage of the virtual work release program, and must do their time in a physical jail cell.  The Michigan Court of Appeals' decision in People v Pennebaker takes the "house arrest" option away from sentencing judges in felony drunk driving cases.

In Pennebaker, a case originating in the Oakland County Circuit Court, the Court of Appeals held that people convicted of a felony drunk driving offense must perform a minimum of 30-days incarceration pursuant to the drunk driving statute, and that "incarceration" cannot involve "house arrest", no matter how technologically sound the GPS tether system.

 Oakland Circuit Judge Phyllis McMillen, impressed with the Oakland County Sheriff's relatively new virtual work release program, decided to utilize the tether-based monitoring system for the drunk driving punishments she was meting out.  Sounds logical to us over here at the Law Blogger.

Problem: The Oakland County Prosecutor took issue with the meaning of the word "incarceration", arguing at both Pennebaker's sentencing and on appeal that house-arrest does not cut it; felony drunk drivers must actually sit down for a minute in the county jail.  The Court of Appeals agreed, reversing Judge McMillen's sentence, and sending the case back to McMillen for re-sentencing.

In doing so, the intermediate appellate court quoted the following language from one of its earlier decisions on point:

Under no circumstances can we reasonably  conclude that confinement in one’s
home or apartment is the equivalent of confinement “in  jail.”  This is so even
where, as here, the conditions of home confinement require the person confined to
go directly to work, to return home immediately from work, and to be at home at
all times unless approval is given by  a probation officer.  Home detention does
not include the highly structured setting of a prison or jail.  One cannot remain on
the phone for extended periods, invite friends for extended visits, order a pizza,
watch television during periods of one’s own choosing, or have free access to the
refrigerator in jail.   

 We here at the Law Blogger would like to know what you think about the difference between tether-based "house arrest" and a jail sentence.  We welcome your comments.

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Posted in: drunk driving,GPS tether,Judge Phyllis McMillen,Michigan Court of Appeals,Oakland Circuit Court,Oakland County Prosecutor,Operating While Intoxicated,Pennebaker

Oakland County Judge Shuffle Update

Honorable Edward Sosnick

Since we last addressed this topic, some things have changed.  Although former 51st District Court Judge Phyllis McMillen is now installed at 1200 N. Telegraph, she was assigned to a general docket courtroom (civil matters and criminal felonies) rather than the Family Court Division, as we previously reported.

Also, Oakland County Family Court Judge James Alexander did not take over departed Judge Mark Goldsmith's docket but rather, is scheduled to "swap dockets" with long-time Oakland County Circuit Judge Edward Sosnick.

The last time Judge Sosnick handled a divorce was prior to the statutory creation of the Family Court back in 1998.  As a seasoned jurist, however, he will acclimate quickly to the divorce docket as he rides-out his last two years on the bench.

Finally, long-time Oakland Family Court and Probate Judge Eugene Moore is retiring from the bench at the end of the year.  His replacement will be determined via the November 2 election between candidates Kathleen Ryan and Dana Hathaway.

If you lose track of your newly assigned judge, reassignments can be tracked by using the Oakland County Circuit Court's Court Explorer.

Be sure to vote on November 2, and don't forget to make your selection for judge on the non-partisan ballot!

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Posted in: Dana Hathaway,Judge Edward Sosnick,Judge Phyllis McMillen,Kathleen Ryan,Oakland Circuit Court,Oakland Circuit Judge James Alexander

Oakland County Judge-Shuffle Shaping Up

Recently, President Obama appointed Oakland Circuit Judge Mark Goldsmith to the federal bench in Detroit. His appointment has been approved by the U.S. Senate and he is expected to assume his place at the United States District Court for the Eastern District of Michigan by year's end.

Goldsmith's appointment creates an opening on the general docket of the Oakland County Circuit Court.  Oakland Family Court Judge James M. Alexander has announced that he will vacate his place in the Family Court to assume Judge Goldsmith's docket.

Judge Alexander will be handling general civil cases, and a criminal docket.  This means that attorneys, and parties that had matters pending with Judge Alexander in the Oakland Family Court will have their matters re-assigned to another judge.

This also means that another judge will be appointed, perhaps by the end of the year, to fill Judge Alexander's spot on the family court in Oakland County.  Rumors are rampant relative to Governor Jennnifer Granholm's appointment for this seat.  Among a few others, we've heard that 51st District Chief Judge Phyllis McMillen is under active consideration.

McMillen would be well-suited for the family court appointment.  A judge's judge, McMillen brings plenty of judicial experience as well as a valuable even-handed judicial demeanor to fill this important vacancy.  Unfortunately, in our system of political judicial appointments, the right person does not always get the job.

Our system of judicial elections for at-large seats, and gubernatorial vacancy appointments makes for an ever-changing bench at the county and municipal levels.  Good judges help to instill in the general public the proper confidence in our judicial system.

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Posted in: Judge Phyllis McMillen,Oakland Circuit Judge James Alexander,Oakland Circuit Judge Mark Goldsmith,Oakland County Circuit Court,Oakland County Family Court