Former Alpena judge jailed for drunk driving
DEC 12, 2021 | REPUBLISHED BY LIT: FEB 19, 2022
Police arrested former Alpena judge Michael Mack on Friday on drunk driving-related charges connected to two separate incidents in spring of this year.
Judge Lynne Buday, of Kalkaska, this week sentenced Mack to 30 days in jail for failing multiple times to appear for court hearings related to arrests on April 6 and May 2.
Tests administered at the time of the arrests indicated Mack drove with a blood alcohol content more than three times the legal limit.
The judge also canceled Mack’s personal recognizance bond and set a new bond at $5,000 because of multiple violations of conditions of his bond.
Under the $5,000 bond, Mack could be released by paying 10%, or $500.
Bond violations included not taking regular breath tests, failing to put a breath-testing device on his vehicle or to wear an alcohol-monitoring device, and registering the presence of alcohol in a breath test in November, according to Alpena County Prosecutor Cynthia Muszynski.
Mack’s attorney could not be reached for comment.
In November 2019, the Michigan Supreme Court replaced Mack as chief judge of the 26th Circuit Court, the 88th District Court, and the Alpena and Montmorency County Probate Courts.
Mack’s successor, Judge Benjamin Bolser, immediately removed Mack from the court docket, and Mack then retired.
The Michigan State Police and Michigan Attorney General’s office have said they are investigating Mack but would not disclose the nature of the investigation.
On April 6, police responded to an Alpena Township gas station, where Mack had fallen inside the store after driving to the station with a blood alcohol content of 0.245, or three times the legal limit for driving, according to police reports.
A Michigan State Police-Alpena Post trooper arrested Mack at the hospital, where he had been transported by medical responders, but did not take him to jail or issue an appearance ticket to order Mack to appear in court. Police seized and destroyed Mack’s driver’s license.
Local officers commonly issue appearance tickets instead of booking people into jail at the time of drunk driving arrests, police say.
Police arrested Mack again a month later when, on May 2, officers responded to a single-vehicle crash on Genschaw Road in Alpena Township and found Mack behind the wheel, uninjured. A breath test at the scene registered a blood alcohol content of 0.26, according to police reports.
The officer at the scene also noticed a glass of scotch on the passenger-side floor mat.
Mack was arrested on charges of drunk driving and operating without a license but not lodged in jail. He was ordered to appear in court several weeks later, police reports indicated.
Buday has presided over Mack’s drunk driving cases since the incidents occurred. He is next scheduled to appear in court for a jury trial in 2022.
Alpena judge Mack retires amid probe
NOV 6, 2019 | REPUBLISHED BY LIT: FEB 19, 2022
Michael Mack, the 26th Circuit Court judge under investigation by the Michigan State Police for undisclosed reasons, announced Friday he will retire on Jan. 3.
“My many thanks to your office for the support and guidance they have given the court the past eleven years,” Mack wrote in his retirement letter to State Court Administrator Milton Mack Jr. (no relation), which was provided to The News by the state.
Mack’s announcement came two days after the Michigan Supreme Court replaced Mack as chief judge in Alpena and Montmorency counties and a day after The News confirmed Mack’s replacement as chief judge, Montmorency County Probate Judge Benjamin Bolser, suspended Mack from his docket, meaning Mack cannot hear or rule on any cases.
Neither Mack nor Bolser could be reached for comment.
It will be up to Gov. Gretchen Whitmer to appoint a judge to finish the remaining year of Mack’s term. Voters will elect a new circuit court judge next year.
Mack is being investigated by the MSP 7th District Headquarters in Gaylord, but details on the investigation — including what allegations or concerns may have initiated it — have not been released.
It will likely be some time before the public has answers on why Mack is being investigated, when that investigation will conclude, and what the change of judges means for circuit court in the short and long term.
MSP Lt. Derrick Carroll said police cannot comment on the case, but an investigator told him there are still many things to be done and the investigation will not wrap up any time soon.
Carroll said police want to make sure the investigation is done thoroughly and make sure every angle is examined before details are released to the public.
Once the investigation wraps up, the findings will be forwarded to the Michigan Attorney General’s Office in Lansing.
“We want to be as impartial was possible,” Carroll said. “And I’m not saying the prosecutors in the area aren’t, but you always want to take away any view that could be seen as favoritism.”
Lynn Helland, executive director of the Michigan Judicial Tenure Commission, which recommended the Supreme Court replace Mack with Bolser, said he can’t say who filed a complaint or whether it was received by the AG’s Office or the Tenure Commission.
Helland said criminal complaints are handled by the AG’s Office and disciplinary complaints by the commission. He said both can investigate a case, or one following the other.
“That is the procedure of it, but I can’t say which which one the complaint originated at,” Helland said.
EMPTY COURT
There were no hearings, trials, or other business in the circuit court courtroom on Friday. There were no paper docket schedules and little activity outside of the courtroom.
That will change Monday, when Bolser is expected to be behind the bench in Alpena for a motion day.
Still, it is uncertain if other judges will help him with the added caseload or if he intends to tackle them himself.
If visiting judges are used, Alpena County — facing a $1 million budget shortfall next year — would cover the cost of their pay.
Several local attorneys in Alpena say they suspect some delays in some of the pending circuit court cases, and there might be an increase in the number of status conferences held so Bolser or other judges can get up to speed.
County officials referred all questions to State Court Administrative Office spokesman John Nevin.
Nevin said the court understands there is likely confusion, concern, and questions in Alpena and Montmorency counties about how court operations will be handled.
There is movement behind the scenes to be sure court cases are handled in an efficient and fair manner, Nevin said Friday. In the meantime, though Bolser is a probate judge, he is qualified to oversee circuit court cases, he said.
“The court is aware of these things and working to try to limit delays so folks can get their business done,” he said. “The court and Judge Bolser are tackling these issues now.”
News of Mack’s suspension and the police investigation flooded social media and many people want answers and updates. That includes staff at the courthouse, where employees were discussing the matter on Friday and asking one another if there was any new news on what is transpiring.
MACK’S LONG CAREER
Mack has been a judge in Alpena since 2003, when then-Gov. Jennifer Granholm appointed him to preside over the probate court in Montmorency County.
He’s sat behind the bench in the 26th Circuit Court since 2009.
He is a graduate of Alpena High School and earned his associate’s degree from Alpena Community College in 1974, his bachelor’s from the University of Michigan-Dearborn in 1976, and his juris doctorate from what was then called the Thomas M. Cooley Law School in 1980.
Following his admission to the State Bar of Michigan in 1980, Mack established a law practice in Alpena and in 1983 was appointed special assistant attorney general by then-Attorney General Frank J. Kelley, himself a former Alpena lawyer. Mack defended the state in civil claims.
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