Clayton Graham Reappointed to Attorneys Association Board
By Karen Gould

Mackinac County Prosecutor Clayton Graham was re-elected to the Prosecuting Attorneys Association of Michigan Board of Directors at the association’s annual business meeting on Mackinac Island in July. Mr. Graham has served on the Board of Directors since 1999.

“My primary objective is to see that small counties voices are heard in the association,” said Mr. Graham. “I am honored to serve on this board and will continue to work to promote the interests and concerns of Mackinac County citizens.”

Mr. Graham also serves on the organization’s Amicus Brief Committee, which chooses certain appeals to review from any of the state’s pending cases. The State Supreme Court allows interest groups to write briefs on appeal issues.

The association also has a legislation committee that comes up with ideas for new legislation. For example, Mr. Graham said the current hot issue is preliminary examination reform, which would change who has the right to a preliminary examination and reduce the amount of time police officers are in the court room rather than on the street, where they are needed. A preliminary examination is the first hearing before the district court, where evidence is presented to show that a crime was committed and there'sprobable cause that the defendant committed the offense.

He said Michigan Attorney General Mike Cox is pushing an initiative “More Cops On The Street,” which would eliminate the right to a preliminary exam for defendants charged with felonies with jail time penalties of less than 10 years. As an example, stealing a car would not allow a defendant a preliminary exam, but a car jacking would.

Currently, anyone charged with a felony has the right to a preliminary exam. If they exercise their right, the prosecutor has to show there is cause to believe the person has committed the crime.

When defendants enter the court room, said Mr. Graham, they often see the officers and victims, and at that time decide to waive their rights to a preliminary examination. By then, officers are on overtime, victims have taken off from work, and hours have been spent by attorneys researching the case and filing paperwork.

Mr. Graham noted that 75 percent to 90 percent of people charged with a felony end up waving their right to have the exam.

“Michigan is in the extreme minority of states that still have preliminary examinations. The majority of states allow the prosecutor to file directly in the Circuit Court and do not have a preliminary examination process,” said Mr. Graham.