The Detroit Free Press (August 10, 2006) printed opposing viewpoints on the binding power of opinions from the Office of Attorney General in Michigan. Speaker of the House, Craig DeRoche, wants to end the "unchecked power of the attorney general's office." Maintaining control of our government means ensuring restrictions on the exercise of their powers, and this is one of those cases.
Hon. Craig Deroche: Should state's attorney general decide the law?
Attorney General Mike Cox: Constitution backs power of chief legal officer to interpret legislation.
After reading both viewpoints I found that Mike Cox's interpretation of the Office of Attorney General is the equivalent to the Judges in the 1995 Action movie, Judge Dredd. One man, Judge, Jury and Executioner.
I sent my response to the Detroit Free Press as well as to Honorable Craig DeRoche and Honorable Joel Sheltrown (my rep) requesting publication.
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Detroit News, Editorial Page August 14, 2006615 W. LafayetteDetroit, MI 48226RE: COX: Constitution backs power of chief legal officer to interpret legislation
Although the Michigan Attorney General, in his August 10, 2006 editorial, alleges the office has issued opinions interpreting the law and that those opinions are binding on state agencies and departments, it does not mean that the decision is final and not subject to appeal to our State’s Supreme Court for judicial review. As with most of our agencies and offices in Michigan, it is assumed there is authority until that authority is challenged in a court of law.
Article VI § 1 of the Michigan Constitution establishes that the “judicial power of the state is vested exclusively in one court of justice…” and Article VI § 1 provides that “all final decisions, findings, rulings and orders of any administrative officer or agency under the constitution or by law, which are judicial or quasi-judicial and affect private rights or licenses shall be subject to direct review by the courts as provided by law. This review shall include, as a minimum , the determination whether such final decisions, findings, rulings and orders are authorized by law, and in cases in which a hearing is required, whether the same are supported by competent, material and substantial evidence on the whole record…”
There is nothing in the Michigan Constitution that prevents any such individual or affected agency from appealing to our court system any advisory opinion issued by the Attorney General or raising an issue as an original action in our court system to properly settle a dispute. No executive officer should have the power to both enforce a law while simultaneously interpreting it without the possibility of further judicial review. To grant such broad powers to a single branch would be similar to the movie Judge Dredd (1995), with the lead being played by Sylvester Stallone in which one man is “Judge, Jury, and Executioner.”
Sincerely,
Lary Holland
Cc: Honorable Craig DeRoche via FAX
Honorable Joel Sheltrown via FAX
