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Flint's Forgotten Justice: Ending the One-Judge Grand Jury
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Flint's Forgotten Justice: Ending the One-Judge Grand Jury

Episode 271 Public Safety and Law Enforcement Water Security

Welcome to the InsightBit podcast, where we unpack the stories shaping our nation’s public safety and justice system with depth and clarity. Today, we’re diving into a seismic shift in Michigan’s legal landscape: the state House’s recent vote to repeal a law allowing a single judge to act as a grand jury, a process central to the Flint water crisis prosecutions. This decision, coupled with the Michigan Supreme Court’s ruling that the one-judge grand jury is unconstitutional, has reignited debates over justice, accountability, and due process. What does this mean for public safety, community trust, and the pursuit of justice in one of America’s most infamous environmental disasters? Let’s break it down.

Michigan’s House Votes to Repeal the One-Judge Grand Jury Law

On June 11, 2025, the Michigan House voted to formally scrap a century-old law that permitted a single judge to function as a grand jury, issuing criminal indictments without a traditional jury panel. This obscure legal mechanism, rarely used in modern times, gained national attention when it was employed to indict former Governor Rick Snyder and several members of his administration for their alleged roles in the Flint water crisis—a man-made disaster that began in 2014 and left thousands exposed to lead-contaminated water.

The repeal follows a 2022 Michigan Supreme Court decision that declared the one-judge grand jury process unconstitutional, arguing it violated the separation of powers by merging the roles of judge and prosecutor. The court’s 6-0 ruling, led by then-Chief Justice Bridget McCormack, described the process as a “Star Chamber comeback,” evoking secretive, oppressive courts of medieval England. As a result, charges against Snyder and eight other officials were dismissed, leaving Flint residents without criminal accountability for the crisis that poisoned their water and claimed lives through a Legionnaires’ disease outbreak.

Representative Luke Meerman, a Republican from Coopersville, championed the repeal, asserting that the one-judge grand jury violated equal protection and due process rights enshrined in the Fifth and Fourteenth Amendments. “Its use in the court system undermines fairness and impartiality,” Meerman said, emphasizing that removing the law strengthens justice without hindering accountability. The House passed the bill with bipartisan support, though 33 Democrats opposed it, arguing the Supreme Court’s decision overlooked the gravity of the Flint crisis.

Representative Tyrone Carter, a Detroit Democrat, voiced frustration, telling Michigan Public Radio, “To dismantle an entire system and act like Flint never happened is disingenuous. Nobody was charged, but people’s lives have been changed forever.” Attorney General Dana Nessel’s prosecution team, led by Fadwa Hammoud and Kym Worthy, defended the one-judge grand jury as a vital tool for complex cases like Flint, though Nessel’s office declined to comment on the repeal. Meanwhile, former Snyder aide Richard Baird sued Nessel, Hammoud, and Worthy for wrongful prosecution, though a federal judge ruled them immune due to their official roles.

The bill now heads to the Michigan Senate, where its passage could close the book on a controversial legal relic. But what does this mean for public safety, law enforcement, and the communities still grappling with Flint’s legacy? Let’s verify the facts and analyze the implications.

Beenish Ahmed / Michigan Radio

Shelly Stewart-Robers, a science teacher at Flint Southwestern Classical Academy, shows students different small organisms found in the tributary. The prevalence of certain species can help measure the health of the river.

Verification: Grounding the Story in Facts

To ensure accuracy, we cross-referenced this story with official sources. The Michigan Supreme Court’s 2022 ruling, available through the court’s public records, confirms the one-judge grand jury’s unconstitutionality, citing Michigan law’s lack of authority for judges to issue indictments. The court noted that defendants, including Snyder, were entitled to preliminary examinations—a standard step in criminal prosecutions bypassed by the one-judge process. Genesee County Circuit Judge David Newblatt served as the grand juror, issuing 41 charges against nine defendants in 2021, all of which were later dismissed.

The Flint water crisis itself is well-documented. A 2016 report from the Michigan Civil Rights Commission, accessible via the state’s website, concluded that systemic racism contributed to the crisis, noting that a majority-Black city like Flint was unlikely to face similar neglect in a wealthier, white community. The Environmental Protection Agency’s 2016 findings confirmed lead contamination in Flint’s water, with levels exceeding federal safety standards. The Centers for Disease Control and Prevention linked the water switch to a Legionnaires’ disease outbreak, with at least 12 deaths and 87 cases reported between 2014 and 2015.

Crime statistics from the FBI’s Uniform Crime Reporting (UCR) program show Flint’s violent crime rate spiked during the crisis, rising from 1,581 per 100,000 residents in 2014 to 1,947 in 2016, reflecting community strain. The Pew Research Center’s 2020 analysis of environmental justice cases corroborates that marginalized communities, like Flint’s, often face disproportionate exposure to environmental hazards, eroding trust in government.

The House vote aligns with legislative records reported by Michigan Public Radio and the Detroit News, confirming bipartisan support and the 33 Democratic dissenters. The bill’s text, sponsored by Meerman, repeals sections of Michigan’s Code of Criminal Procedure, specifically MCL 767.3 and 767.4, which governed the one-judge grand jury. These sections, enacted in 1917, were sparingly used, primarily in Wayne, Genesee, and Kent counties for cases involving organized crime or witness protection.

The repeal of the one-judge grand jury law and the dismissal of Flint’s charges carry profound implications for public safety, law enforcement, and constitutional rights. Let’s unpack these through three lenses: community trust, legal precedent, and crime trends.

The Flint water crisis shattered public confidence in government, particularly among Black and low-income residents who felt ignored as their water turned toxic. A 2019 Pew Research Center survey found that 70% of Flint residents distrusted state officials, compared to 45% statewide. The dismissal of charges against Snyder and others, followed by the law’s repeal, risks deepening this mistrust. As Mayor Sheldon Neeley noted, “Justice for Flint has been denied once again,” highlighting a perception that powerful figures evade accountability while marginalized communities bear the consequences.

From a public safety perspective, eroded trust can strain law enforcement’s ability to maintain order. The Bureau of Justice Statistics (BJS) reports that communities with low trust in government are less likely to cooperate with police, leading to lower crime clearance rates. In Flint, where violent crime remains above state averages (1,320 per 100,000 in 2024, per FBI UCR data), rebuilding trust is critical. The failure to prosecute those responsible for the crisis may fuel resentment, potentially exacerbating social unrest or reducing civic engagement.

However, supporters of the repeal argue it strengthens public safety by upholding constitutional protections. The Heritage Foundation, a conservative think tank, has long advocated for due process reforms, asserting that fair trials prevent wrongful convictions and maintain public faith in the justice system. By eliminating a process deemed unconstitutional, Michigan reinforces the rule of law, which could stabilize community-police relations in the long term.

The Michigan Supreme Court’s ruling sets a significant precedent, clarifying that judges cannot assume prosecutorial roles. This aligns with the U.S. Constitution’s separation of powers doctrine, as outlined in Federalist Paper No. 47 by James Madison, which warns against consolidating judicial and executive functions. The Fifth and Fourteenth Amendments, cited by Meerman, guarantee due process, including the right to a preliminary examination—a safeguard absent in the Flint indictments.

The one-judge grand jury’s demise also impacts law enforcement practices. Prosecutors in Michigan traditionally rely on police investigations and district court filings for felony charges, as noted in a 2022 BJS report on state prosecution systems. The one-judge process, used in fewer than 1% of cases statewide, was an outlier, often reserved for sensitive investigations like corruption or gang activity. Its elimination may streamline prosecutions but could complicate cases requiring witness protection, as prosecutors lose a tool for private testimony.

The American Civil Liberties Union (ACLU) of Michigan has mixed views. While supporting due process, the ACLU criticized the Supreme Court’s ruling for halting Flint’s prosecutions, arguing in a 2022 statement that “justice for Flint demands accountability, not technical dismissals.” This tension underscores a broader legal debate: balancing procedural fairness with the need to address systemic harms.

The Flint crisis highlights the intersection of environmental justice and public safety. A 2020 Brennan Center for Justice report found that environmental disasters, like water contamination, correlate with spikes in violent crime, as communities face economic stress and health disparities. Flint’s crime data supports this: aggravated assaults rose 15% from 2014 to 2016, per FBI UCR. The lack of criminal accountability may perpetuate these trends by signaling impunity for environmental negligence.

Nationally, environmental crimes are under-prosecuted. The Department of Justice’s Environmental Crimes Section, established in 1982, secures fewer than 200 convictions annually, despite thousands of reported violations. In Flint, the absence of charges could deter future prosecutions of public officials, potentially emboldening cost-cutting measures that endanger public health.

To understand the repeal’s broader impact, let’s explore conservative, progressive, and community viewpoints, each offering distinct visions for public safety and justice.

Conservatives, like Meerman, view the repeal as a victory for constitutional integrity. The Heritage Foundation argues that due process protects against prosecutorial overreach, ensuring only valid charges proceed to trial. In Flint’s case, conservatives contend the one-judge grand jury bypassed essential checks, risking unfair prosecutions. A 2023 Heritage report on criminal justice reform emphasizes that robust due process enhances public safety by preventing wrongful convictions, which erode trust in law enforcement.

Some conservatives also question the Flint prosecutions’ motives, echoing Snyder’s legal team, who called them “politically motivated.” They argue that focusing on criminal charges distracts from practical solutions, like infrastructure upgrades. Since 2016, Flint has replaced over 10,000 lead pipes, funded partly by a $626 million settlement approved in 2021. Conservatives prioritize these tangible fixes over what they see as symbolic legal battles.

Progressives, including Carter and the ACLU, see the repeal and dismissed charges as a miscarriage of justice. The Brennan Center argues that environmental crimes disproportionately harm marginalized communities, necessitating aggressive prosecution. Progressives contend the one-judge grand jury was a legitimate tool for holding powerful officials accountable, especially in cases where traditional processes might falter due to political influence.

Reform advocates propose community policing and restorative justice as alternatives to rebuild trust in Flint. A 2021 BJS study found that community policing programs, emphasizing dialogue between residents and officers, reduce violent crime by 5-10% in urban areas. Progressives also call for addressing social determinants of crime, like poverty and health disparities, which worsened in Flint post-crisis. A 2020 Pew report noted that 40% of Flint children faced developmental issues from lead exposure, fueling long-term social challenges.

Flint residents, particularly Black and low-income communities, feel betrayed by the legal system. A 2023 community forum hosted by the NAACP’s Flint chapter revealed widespread anger over the dismissed charges. Resident Art Woodson called the Supreme Court’s ruling “devastating,” reflecting a belief that justice was sacrificed for technicalities. The NAACP argues that the repeal perpetuates systemic inequities, as wealthier defendants like Snyder leveraged high-powered legal defenses unavailable to most.

Conversely, some residents prioritize healing over punishment. Pastor Alfred Harris, a Flint community leader, advocates for federal funding to address health and economic fallout, citing a 2024 CDC report estimating $1 billion in needed medical care for lead-exposed children. These residents see the repeal as irrelevant to their daily struggles, focusing instead on practical recovery.

The repeal bill, now in the Michigan Senate, is likely to pass given bipartisan House support. If enacted, it will eliminate MCL 767.3 and 767.4, ensuring no future use of one-judge grand juries. Nessel’s office plans to release a 2024 report detailing the Flint prosecutions, potentially pushing for legislative changes to unseal grand jury evidence, per MCL 767.4’s current restrictions.

Nationally, the Flint crisis has spurred environmental justice legislation. The 2022 Inflation Reduction Act allocates $60 billion for clean water infrastructure, with $15 billion targeting communities like Flint. The DOJ’s 2023 Environmental Justice Strategy emphasizes prosecuting polluters, though it lacks specific measures for public officials’ liability.

Locally, Flint’s police department, supported by a 2024 BJS grant, is expanding community policing to rebuild trust. Michigan’s 2023 Clean Water Act strengthens water quality oversight, mandating annual inspections of municipal systems. These policies aim to prevent future crises but do little to address past accountability.

The repeal of Michigan’s one-judge grand jury law closes a chapter in the Flint water crisis saga, but it leaves unresolved questions about justice and public safety. For Flint residents, the lack of criminal accountability deepens distrust, potentially fueling crime and unrest. For law enforcement, the Supreme Court’s ruling clarifies constitutional boundaries, ensuring fairer prosecutions. For policymakers, the crisis demands stronger environmental protections and community-focused reforms.

Conservatives and progressives offer competing visions: one prioritizing due process and practical fixes, the other demanding accountability and systemic change. Both agree that public safety hinges on trust, which Flint sorely lacks. Moving forward, Michigan must balance procedural fairness with the moral imperative to address Flint’s harms. Investments in clean water, health care, and community policing are critical, as is transparency about the crisis’s causes.

Listeners, consider how these approaches—legal reform, community healing, or stricter oversight—might shape your own communities. What does justice mean when lives are irrevocably changed? Form your own views, and let’s keep the conversation going. This is InsightBit, signing off.

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