MUNISING, MI— The Alger County Prosecutor’s Office wants to remove 11th Circuit Court Judge Brian Rahilly from all criminal cases.
Prosecutor Robert Steinhoff has filed a Writ of Superintending Control to remove Rahilly for impropriety and bias against law enforcement and attorneys in violation of the Michigan Code of Judicial Conduct.
The Mackinac County Prosecutor’s Office has filed similar motions to remove the judge from criminal cases there. An investigation into 6th District Judge W. Clayton Graham uncovered messages between him and Rahilly disparaging the Mackinac County prosecutor, calling him “useless” and “a waste of space.”
The texts also appeared to show Rahilly intentionally and improperly forced settlements to criminal cases in Alger County, as well as a disdain for law enforcement, the criminal process, and certain attorneys:
- 9/7/2022 7:32:53 PM (UTC-4) From: RAHILLY B—Prosecutor is mad because I scheduled another trial two weeks before that one. Aw well
- 9/7/2022 7:45:33 PM (UTC-4) To: RAHILLY B—Haha...well, maybe that one will settle then
- 9/7/2022 7:51:01 PM (UTC-4) From: RAHILLY B—Oh it’s going to settle
“The Alger County Prosecutor’s office is a single-attorney office, and at the time, the pending murder case referenced was one of the most complex and egregious criminal cases this county had seen in decades and would take weeks to try” says Prosecutor Steinhoff. “I objected to the scheduling as it was unreasonable to expect our office to manage two felony criminal trials
back-to-back, but the Court declined to move the newly set preceding trial. I am shocked, and frankly disturbed that it seems Judge Rahilly intentionally used the scheduling power of the Court to force a settlement in a criminal case.”
At two different times last year, messages from Judge Rahilly seem to indicate further disdain for Alger County law enforcement as well as for local attorneys:
- 6/11/2024 10:51:28 AM(UTC-4) From: RAHILLY B—I f****** hate attorneys
- 6/11/2024 10:56:21 AM(UTC-4) To: RAHILLY B—I hate everyone...lol
- 6/11/2024 10:56:21 AM(UTC-4) To: RAHILLY B—Where ya at today?
- 6/11/2024 10:56:28 AM(UTC-4) From: RAHILLY B—Alger
- 6/11/2024 10:56:49 AM(UTC-4) To: RAHILLY B—Local attorneys?
- 6/11/2024 10:57:02 AM(UTC-4) From: RAHILLY B—Yes. And all of them
This week’s Circuit Court dockets in both Mackinac and Alger counties have been cancelled.
Both the motions for disqualification from the Mackinac County Prosecutor’s Office and the Writ of Superintending Control from the Alger County Prosecutor’s Office are yet to be scheduled for hearings.
