Policy shift sparks concern over local prosecutorial authority in Michigan

Over the past several years, Michigan Attorney General Dana Nessel has repeatedly pursued legislation that would mandate all officer-involved shooting (OIS) cases throughout the state be submitted to her office for review. Despite her efforts, these proposals have not gained legislative traction—thanks in large part to the strong advocacy of the Fraternal Order of Police State Lodge of Michigan and our team.

However, in April 2024, the newly appointed command of the Michigan State Police (MSP) implemented an internal policy that requires all use-of-force incidents involving state troopers be forwarded directly to the Attorney General’s Office for review—regardless of jurisdiction or local prosecutorial discretion. This administrative directive has effectively allowed the Attorney General to bypass the normal process and assert centralized oversight over use-of-force investigations involving MSP personnel.

This shift has raised significant concerns within Michigan’s law enforcement community. Many local agencies are now reconsidering MSP’s role in investigating OIS cases. There is growing reluctance to rely on MSP, driven by a lack of confidence that investigations will remain under local prosecutorial control rather than being funneled to the Attorney General’s Office.

At Defender of the Blue, we remain steadfast in our commitment to representing and defending law enforcement officers—regardless of which agency conducts the investigation. That said, it is unfortunate that recent policy decisions by the current MSP leadership, in concert with the Attorney General’s ongoing efforts, have led to increased distrust among law enforcement agencies, county prosecutors, and the Michigan State Police.

Moving forward, our priority is to ensure officers’ rights are protected, investigations are impartial, and prosecutorial integrity is preserved at the local level.