State Rep. Jay DeBoyer is spearheading legislation that provides critical checks and balances on the state Attorney General’s office and prevents the weaponization of state government.

The House Judiciary Committee today passed a trio of bills that address oversteps and outright abuses of power. DeBoyer’s bill, House Bill 5315, states the Attorney General can only intervene in lawsuits when requested to do so by the governor or a legislative branch. The plan also establishes that the AG can only intervene in lawsuits in Michigan and ends the ability of an AG to intervene in lawsuits filed in courts in other states.

“We have seen a growing and undisputable trend of politically motivated interventions in lawsuits that, in many instances, serve the interests of the person pursuing that lawsuit and their political affiliation more than the interests of the people,” said DeBoyer, of Clay Township. “Who is paying for all these filings and all this case work when these lawsuits go out and our state gets involved? Taxpayers who have been very clear that they don’t want to see their dollars used frivolously. This change provides a responsible, common-sense approach going forward regardless of whether a Democrat or a Republican serves as Attorney General.”

Other plans that were advanced by the House Judiciary Committee would eliminate the AG’s power to file civil actions and criminal prosecutions in Ingham County when an alleged offense occurred in another county. This ability was on display when AG Dana Nessel prosecuted a Holland restaurant owner, Marlena Hackney, for refusing to shutter her livelihood during COVID-era executive orders. When local law enforcement refused Nessel’s request to arrest Hackney, Michigan State Police officers were sent from Lansing to Ottawa County to make the arrest and transport her back to Ingham County where she was prosecuted and jailed.

DeBoyer said that such an act not only amounts to gross overreach, but also creates scenarios where an Attorney General can “venue shop” by bringing cases to a friendlier climate. The bills will help ensure that defendants accused of wrongdoing by an Attorney General are tried by a jury of their peers and where an alleged act occurred.

“The Attorney General is the top law enforcement official in the state,” DeBoyer said. “That type of power should come with a great deal of responsibility. These bills ensure that people are treated fairly under the law and we are directing tax dollars towards priorities that an overwhelming number of taxpayers in Michigan share.”

HBs 5314-16 now move to the full House for consideration.