BLOOMFIELD HILLS, Mich. – She?s known around metro Detroit for being tough on convicted drunken drivers -- but has gone too far?
Forty-eighth District Court Judge Kimberly Small got national attention after she sentenced former University of Michigan and NBA player Jalen Rose to 20 days in jail on a drunken driving conviction.
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But Bloomfield Hills attorney Bob Larin and Wayne State University professor Kenneth Mogill have filed a motion requesting that she be disqualified from handling first-time drunken driving offense cases because she is violating the constitutional rights of defendants.
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?Her actions are completely different from almost all judges in the rest of the state. I have a statewide practice and nobody does what she does,? Larin said. ?She can?t say she?s not prejudice when she?s perceived to be prejudice. That?s what all the rules require.?
During a previous interview with the Local 4 Defenders, Small has said she thinks drunken driving a serious crime that shouldn?t be tolerated.
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Small declined to comment about Larin and Mogill?s motion because it was still pending.
?Almost all other judges are acting with common sense. We?re asking that this judge not be allowed to sentence people on first offense because she?s a difference with almost all judges in the state,? Larin said.
The motion is filed on behalf of one of Larin's clients who has a drunken driving case before Small.
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