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Committee hears bill to repeal Michigan’s one-person grand jury procedure
Summary
Representative Meerman and supporters told the House Judiciary Committee that House Bill 4434 would repeal Michigan’s one-person grand jury, arguing it concentrates charging power in a single judge and conflicts with due-process principles affirmed by the Michigan Supreme Court in 2022.
LANSING — The House Judiciary Committee on Thursday heard testimony on House Bill 4434, sponsored by Rep. Meerman, which would eliminate Michigan’s one-person grand jury procedure and align state practice with recent Michigan Supreme Court precedent.
Meerman told the committee the one-person grand jury places the responsibility to find probable cause in a single judge rather than a citizen panel. “A 1 man grand jury differs from traditional grand juries in its makeup,” Meerman said in testimony. He argued the practice concentrates investigative and charging power in one person, conducted behind closed doors, and undermines due process and public confidence in the justice system.
Supporters noted the Michigan Supreme Court’s 2022 decision involving the attorney general’s use of a one-person grand jury in prosecutions connected to the Flint water crisis, saying the court held that the procedure was not an appropriate method to authorize indictments in that instance. Keith Denhollander, national field director for the Christian Coalition, told the committee that aligning law with the Supreme Court’s ruling would increase transparency and public trust.
Committee members asked how frequently the one-person grand jury has been used and in what kinds of cases. Meerman and supporters said the procedure is used infrequently and mostly in serious felony matters; prosecutors historically described it as a tool for especially sensitive investigations. Lawmakers asked whether prosecutors had pushed back; Meerman said some prosecutors had cited a desire for a secrecy tool in limited circumstances but that the Supreme Court ruling effectively removed the option.
A representative of the Criminal Defense Attorneys of Michigan registered support and did not speak during the hearing.
No committee action or vote on House Bill 4434 was recorded in the transcript. Meerman said the bill would not remove prosecutors’ ability to pursue charges by other means; rather, it would repeal what he called an “antiquated, obscure, and fundamentally unfair procedure.”
Looking ahead: The bill will remain in committee for further consideration; sponsors and supporters said the measure would bring state statute into conformity with judicial precedent and increase access to preliminary hearings for defendants.
