It seems that the big news around the city today surrounds the comments recently made by 52-1 district court (Novi) Magestrate Judith Holtz. On April 20th, 20-year-old Michael Robert Dickey came before her during a sentencing hearing on a charge of Minor in Possession of alcohol. Dickey had two prior convictions for drunk driving and, according to the court, “had failed to comply with his bond conditions to remain drug and alcohol free.”
Her comments:
“Here is my suggestion to you, Mr. Dickey, climb up on the roof of your house and jump off; either that or get in a bathtub filled with hot water and slash your wrists; then you will be dead; it will be cheaper; it will be faster and in the long run it will be less painful to anybody who cares about you, because that’s where you’re headed now, and the best part of it is you won’t take somebody else with you.
“Who do you think you are? You don’t have the right to go out there and endanger innocent people and you know it. And you have had two convictions for drunk driving and you’re not twenty one and you still drink.”
Channel 7 News (WXYZ) is all over this story.
Novi 52-1 District Judge Brian MacKenzie, chief judge pro tem, followed up with the following:
“The words chosen by the Court’s magistrate to convey the seriousness and severity of the defendant’s actions and crime could have been better chosen,” the court said in a statement. “The magistrate was attempting to convey, through an analogy, that the defendant’s actions and past behavior has continually put the community at risk.”
Sure, these were harsh words. But, but how many of you (if not just once in your live) wouldn’t like the opportunity to say the same to someone who seems to care not one bit about putting the lives of your family members in danger?  It seems like just yesterday that a prominent Novi businessman tragically lost his entire family to a drunk driver.
So from me to you, Magestrate Holtz, Kudos! I’m more than willing to give you a pass on this one.
Reading Magistrate Holtz’s words one pauses to remember one of the first “judiciary rules” taught to us as children. Perhaps Matistrate Holtz should review it.
“Two ‘wrongs’ don’t make a ‘right’”.
I fully understand and empathize with her personal frustration. But her position requires that she rise above personal frustration. This issue is about a court officer’s sworn duty and the law.
Last I looked, suicide was against the law regardless of ones feelings. Assisting in a suicide in Michigan results in a jail sentence. A Judge advocating breaking a law in court as “my suggestion to you” is an inappropriate suggestion from the judiciary. Dictating such recommendations from the bench is a slippery slope I, as a citizen, would like to see the judicial branch of government avoid. This outburst did no one any favors.
If in this case the defendant acts upon the courts advice, what legal position does this put the 52nd District Court in? Hopefully we won’t have to find out.
I personally know Magistrate Holtz and I do not believe she made the statement out of frustration but rather as a wake up call for this individual. Society expects are courts and judges to straighten out individuals when they go wrong by imposing harsh penalties for bad behavior or actions but sometimes you have to use analogies to get your point across. I believe this is what Magistrate Holtz was trying to accomplish with her outburst. I think the system is not harsh enough on underage offenders and they repeat their actions as was the case here. Mr. Dickey needs something or someone in his life to get serious with him so that he can make it to 21 and I feel his parents have failed to do that.
So this was a planned outburst? According to one news source, the 52nd District Court has indicated Magistrate Holtz said she was “very sorry for it” primarily for the way “it came out”. Yes, it is a very unclear apology if it was meant as such.
Meanwhile the 52nd District Court seems to believe the word “analogy” makes this right. Unless theres a complicated legal definition, Webster’s description of “analogy” doesn’t provide this pass.
Analogy according to Webster
If one were to take on an “analogy”, try this one on for size.
Throughout the last century the world has seen several governments that sanction suicide (and in some cases genocide). The party or “defendant” found guilty is handed a gun with a single bullet in the chamber and is told “to do the right thing”. The government or judiciary suggestion of suicide is the “known” easiest route for the defendent and his/her family. There are still governments that function in this manner.
This behavior is analogous to totalitarian and dictatorial forms of government. The US opponents in World War II, Stalin’s Russia, Hussein’s Iraq are all analogies to this type of “justice”. One would be hard pressed to find an “analogy” that is consistent with a democratic republic with a strong Bill of Rights.
Meanwhile, Novi’s 52nd court is becoming publicized for its “Suicide Judge” as far away as the London Mirror.
Do you like that “analogy”? Are you ready to pick up Magistrate Holtz’s revolver?
We’re getting too deep here. The only thing that matters to me here is that this kid had 2 prior drunk driving convictions and is now in front of this magistrate for a charge of “Minor in Possession.”
I read a recent opinion piece over on Novi.org recently. The writer (a good friend) states that her prayers are with this underaged drinkers family and that somehow the system has failed him and that we should really allow drinking at age 18. Maybe, but what does drinking age have to do with drunk driving?
I too pray for this guy’s family. But, when he goes out and kills someone, the last thing anyone should care about are the words of this Magistrate. I’ll be praying for the victims.
There is no excuse for the defendents behavior in this matter and I make no excuse for him. His behavior is and was 100% wrong. Magistrate Holtz is justified in handing out maximum sentences on all counts of this case. If maximum sentences are not enough she has the right to use her position to help mobilize legislative and community efforts to toughen the law.
But I state again. “Two ‘wrongs’ don’t make a ‘right’”.
“Suicide” Holtz is not the only Magistrate at the 52nd District Court.
She is not the only Magistrate handling problem MIP cases at the 52nd District Court.
Magistrate Holtz does appear to be the only “Suicide Judge” suggesting that option.