Politics & Government

Local Judge McNally Uses Personal Touch at Sobriety Court

Judge Michael McNally of the 33rd District Court created sobriety court as a way for repeat offenders to change their lives for the better.

"There's no doubt about it," Judge Michael McNally said. "You're like a mentor and a friend."

That's how McNally describes his role with sobriety court, a program he helped establish after he was elected as a judge for 33rd District Court in Woodhaven in 2004 and began his judgeship in January 2005.

Just two years after holding court for the first time in Woodhaven, McNally decided he wanted to create a program that stopped repeat offenders of alcohol and drug offenses, but he didn't want to simply start handing out stiffer penalties.

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In 2007, McNally teamed up with a defense attorney, a prosecutor, a probation officer, a police officer and a court administrator and began visiting other district courts to find out what works and what doesn't.

McNally continued to meet with legal professionals each month until they eventually created and started sobriety court in 2008, which is primarily focused on recovery and not penalty.

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"We were taking bits and pieces (of different programs)," McNally said.

McNally said he takes an informal approach to meeting with offenders. He rarely sits at the large bench that rests an intimidating three feet above anyone else in his courtroom.

"A lot of judges will do theirs on the bench ... I turn the podium around and I just talk to them," McNally said. "There's different ways of doing it. I just find this informal program better."

McNally added he thinks every court has the same goal in mind.

"You want to be a mentor and you want to be a friend, but at the same time people have to understand that there are rules to follow," McNally said. "You expect them to follow them and there are consequences if they don't follow them."

When talking with offenders McNally said he occasionally asks them about treatment for addiction, but also asks them about their personal lives.

"I'll talk to them about treatment a little bit ... but usually it's more about personally things like, 'How was your trip to Mackinac Island? How's your golf game? What do you think about the (Detroit) Tigers?'"

McNally recently attended a graduation for four people who finished the two-year program. Since it's inception, McNally said, sobriety court has had a high success rate.

"We try to never quit on them. If we sense that they're not quiting, if we sense that they want sobriety ... we're going to work with them."

There are a number of reasons a person might be given a choice to begin the sobriety court program, including two drunken driving or operating under the influence of drugs offenses in four years; a .20 or higher blood alcohol level at the time of arrest; a .15 blood alcohol level and cause an accident that does not cause injury; or any blood alcohol level while driving with an occupant under 16 years old.

When an offender stands before McNally they are given a choice: to begin the program or to serve a minimum of five days in jail or a minimum of 30 days with a tether.

McNally said most people initially choose the program to get out of going to jail, but eventually stick with it to get their lives back on track.

Those involved in making the program work rely on federal grants that pays for frequent drug and alcohol testing, among other things. As long as the program continues to prove effective or until there are no longer funds available, the grant will remain, according to Peg Krizan, sobriety court administrator.

"It's not an upfront grant," Krizan said. "We tell them what we want to use it for ... we tell them how much we've spent and then they'll reimburse us."

Last year, 33rd District Court received $36,000 in federal grant funds to pay for the program and have already applied for next year's grant.

Not all applicants for the program are offered an opportunity to continue it after the first week. McNally said offenders have to prove they want to be in sobriety court by abiding by specific rules, attending Alcoholics Anonymous meetings and showing up for frequent drug and alcohol testing.

"We try to never quit on them," McNally said. "If we sense that they're not quiting, if we sense that they want sobriety ... we're going to work with them," McNalley said.

The 33rd District Court serves the townships of Brownstown and Grosse Ile, and the cities of Flat Rock, Gibraltar, Rockwood, Trenton and Woodhaven.


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