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The Michigan State Court of Appeals has ruled that 19th District Judge Mark Somers was disqualified properly from hearing a case that involved the Michigan Medical Marijuana Act, because of comments he made in a different case.
During their decision the Court of Appeals judges cited Somers referring to marijuana on separate instances as “Satan’s weed,” “devil’s weed,” “Satan’s surge,” and similar language that evinced a strong bias.
Also on different instances, the Court of Appeals noted how Somers lectured those appearing before him on marijuana charges about how their actions were contributing to drug cartels and homicides in Mexico.
Also on another instance, during an interview, Somers had said he believed the Michigan Medical Marijuana Act was unconstitutional.
In the instant case, Glen Steven Navoy was arrested in October 2011 for possessing marijuana and he decided to use the Michigan Medical Marijuana Act for his defense.
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Prior to the trial proceedings, his attorney filed a motion to disqualify Somers from judging the case, but Assistant City Attorney William DeBiasi objected, citing insufficient evidence.
During the motion, after hearing both sides, Somers denied the motion to disqualify himself, but the District Chief Judge granted the motion.
In response, Dearborn city filed an appeal to the Wayne County Circuit Court, where the court again affirmed the disqualification and remanded the case back to the 19th district.
The city then took their appeal before the state Court of Appeals.
Considering all the facts and circumstances of the matter, the three-judge panel unanimously agreed that Somers’ disqualification was legal and proper in the instant case.
