Community Corner

Judge Small Hears Arguments of Violations on Drunken Driving Cases

Judge who sent basketball star Jalen Rose to jail is known for being hard on first-time offenders, lawyer charges.

A local defense attorney on Thursday asked 48th District Court Judge Kimberly Small to recuse herself from a pending drunken driving case, alleging that she is legislating from the bench by establishing an almost-mandatory minimum jail sentence.

The Detroit Free Press reports that Wayne State University law professor Kenneth Mogill said Small's record of "" to first-time drunken driving offenders by sentencing them to jail denies his client due process during a motion hearing.

“Our position is that you have by your very statements, you have made clear that you have a policy of presumptive minimum sentences. And that is a denial of due process," Mogill said, according to the report.

Find out what's happening in Bloomfield-Bloomfield Hillswith free, real-time updates from Patch.

Michigan law has no minimum mandatory sentence, but allows for jail of up to 93 days for first-time offenders.

Mogill and Bloomfield Hills attorney Robert Larin are asking Small to disqualify herself in the case of Thomas Cygan, who was arrested for a first-time drunken driving offense in West Bloomfield in May.

Find out what's happening in Bloomfield-Bloomfield Hillswith free, real-time updates from Patch.

According to the court file, Cygan, 67, of Oak Brook, IL, was pulled over after driving his vehicle off of Orchard Lake Road and swerving over three lanes. Cygan was arrested after failing two field sobriety tests and later blew more than twice the legal limit on a breath test. However, authorities did not charge Cygan in violation of the "Super Drunk" law that carries double penalties and fines.

In a letter submitted to Small by West Bloomfield prosecuting attorney Jeffrey Sherman, five recent cases are mentioned as examples of Small deciding against jailing first-time offenders. Sherman alludes that the pair are using the media's portrayal of earlier this year by Small to their advantage.

Larin did not return messages at his office Thursday.

According to the Free Press, they have pledged to take the matter to a higher court should Small decline to recuse herself. She said she will issue a written opinion.

Meanwhile, Cygan's case was delayed, according to the report.

Bloomfield-Bloomfield Hills Patch Editor Art Aisner contributed to this report.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here

More from Bloomfield-Bloomfield Hills