Lansing Sun

The Michigan Supreme Court recently ruled that discovery is required in all misdemeanor proceedings in district court.

Discovery allows both parties to exchange information in court proceedings. Previously defendants could only have access to documents like a police report if the prosecutor agreed. There was also not a standard protocol for prosecuting attorneys to follow.

Information will now be available to defendants who ask for it. The rule of discovery is reciprocal; those defendants who request discovery will provide the same to the prosecution.

In the court order, Chief Justice Bridget McCormack wrote, "The rule the Court adopts today will promote efficiency, fairness, and justice in our district courts...Obtaining discovery is key to determining whether to go to trial or proceed with plea negotiations. Early disclosure of the prosecution’s evidence allows a defendant to investigate, formulate a defense, and decide whether to plead guilty without delay."

McCormack said that many prosecutors already provide discovery to misdemeanor criminal defendants, but it's not a universal practice.

The Prosecuting Attorney's Association of Michigan disagrees with the ruling, saying in a letter, "Requiring felony discovery in this large number misdemeanor cases will slow the progress of cases often to the detriment of defendants themselves." They suggested a modified version of the proposal that would supply limited discovery.

Justices Stephen Markman and Brian K. Zahra disagreed with the new rule. Markman's statement said he believed the rule would lead to a costlier and lengthier criminal justice process, produce more disputes which would lead to more appeals and put more burden on the state's judiciary system. 

"Yet concerning its benefits, these seem considerably more vague: no compelling case has been made for why this change, described as “drastic” by the state prosecutor association, should be adopted today after  180  years of experience in  Michigan with a  more informal and relaxed misdemeanor discovery process," Markman said. "While good intentions certainly commend this proposal,  an estimation of its real-world impact, as well as its practical dislocations, does not.  It is a “drastic” and unsettling solution in search of a problem."