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Monroe County commissioners vote to appeal judge’s ruling in Mark Brandt case
Summary
The Monroe County Board of Commissioners voted 5–2 (with 2 abstentions elsewhere on related motions earlier) to appeal a circuit court judge’s September ruling that a commissioner’s seat was not vacated after a felony conviction; the board said the decision left District 2 without representation and asked an appellate court to review the ruling.
The Monroe County Board of Commissioners voted to appeal a Monroe County Circuit Court ruling that a commissioner’s seat was not vacated after the official’s federal conviction. Commissioner John Hoffman moved to appeal the judge’s decision; Commissioner Robert Lamour seconded the motion and it passed on a roll call vote.
Why it matters: The dispute centers on whether Mark S. Brandt’s 18-month federal sentence and subsequent imprisonment vacated his District 2 seat. The board had earlier scheduled a special election and primary because a majority concluded Brandt’s imprisonment left the district without representation. A judge ruled Sept. 12 that the seat was not vacated but issued a short stay to allow an appeal.
Board discussion and background: Hoffman, who moved the appeal, summarized the timeline in open session: Brandt pleaded guilty in federal court on March 20, 2024; he was sentenced in September 2024 to 18 months in federal prison and resigned Oct. 1, 2024; he was re-elected Nov. 5, 2024; the board, citing a legal opinion, had concluded he was not eligible to hold office beginning Jan. 1, 2025, and called a special election. The circuit court judge said she found the situation “nonsensical” but ruled the seat was not vacated and issued a 21‑day stay to allow appeal.
Public comments: Multiple residents urged the board to appeal. Dale Benicki, a candidate in the District 2 primary, asked the board to vote to appeal so voters’ choices from the Aug. 5 primary would not be voided. Christie Swiatek Whitson of Ida Township told commissioners that keeping an imprisoned commissioner in the seat would be “paralysis” and urged an appeal to restore representation. Other residents—Brian Harwood, Mike Grodi and Steven Meyer—also spoke during public comment, variously urging appeal or criticizing the expense of litigation.
Vote and next steps: The motion to appeal passed on a roll call with these recorded positions: Commissioner Swartout — yes; Commissioner Moore — no; Commissioner Levins — yes; Commissioner Hoffman — yes; Commissioner Asper — no; Commissioner Lamour — yes; Commissioner Venzl — yes. The county’s legal counsel will proceed to file the appeal in the appropriate appellate court.
Court citations and legal context: Commissioners referenced the circuit-court decisions in two related cases identified during the meeting as “Monroe County and Monroe County Board of Commissioners v. Mark S. Brandt, Monroe County Circuit Court case no. 202514922-CZ” and “Mark Brandt v. Monroe County Board of Commissioners, Monroe County Circuit Court case no. 202514923-CZ.” The board cited a written legal opinion by Phil Goldsmith that informed its prior finding that the seat was vacant.
What the board did not do: The board did not appoint an interim District 2 commissioner; the action taken at the meeting was limited to authorizing an appeal of the circuit court ruling.
