If a person drops a bag of meth in the booking area of a jail, does that constitute conduct that threatens the security of that facility?
That was the question before the Michigan Supreme Court last Wednesday as they heard oral arguments in the case People v. Curtis Allen Morris. Justices weren’t the only ones to hear those arguments either. Students from about a half dozen schools gathered at the Lowell Performing Arts Center to experience a real-world lesson in how the judiciary system works, thanks to the Court Community Connections program.
“I think it’s important for the court to come to the people we serve,” Chief Justice Megan Cavanaugh told Lowell’s First Look prior to the session.
The Lowell hearing marked the 31st Court Community Connections program, which has taken the Michigan Supreme Court to high school and college campuses across the state.
Bringing the Supreme Court to Lowell
From Cass County near the Indiana border to Marquette in the Upper Peninsula, the Court Community Connections program has touched the far reaches of Michigan. However, it may not be coincidence that justices found themselves in Lowell this year.
Dan Brubaker, a long-time resident of Lowell, spent 13 years as the court’s chief commissioner before being promoted to chief operating officer this spring. He undoubtedly helped steer the program toward Lowell High School.
“When the court reached out, it was really exciting to think about what kind of educational experience our students could have,” said Lowell Area Schools Superintendent Nate Fowler.
It was agreed that LAS would host the Michigan Supreme Court at the Lowell Performing Arts Center, and invitations were extended to surrounding schools. All students at Lowell High School were given the opportunity to attend if they wished, and they were joined by students from Sparta, Coopersville, Grand Rapids Catholic Central and Saranac, among others.
On the day of the event, the LHS Fusion Rock Orchestra played as students and community members filed into the LPAC. Shortly before 10am, a hush fell over the crowd as a line of local judges took their seats in the audience. Then, the program began.
Background of People v. Curtis Allen Morris
Before the Michigan Supreme Court justices came onto the stage, those in the audience were provided with an overview of the case and question before the court.
“We hear everything from divorce cases to tax cases,” according to Cavanaugh. “Not every case is equally interesting to everyone.”
The Michigan Supreme Court receives approximately 1,400-1,600 appeals applications each year. Of those, 80 cases may be heard, and 40-60 formal opinions may be issued. The cases chosen for the Court Community Connections program are selected based on those that contain a question that may be of interest to community members and that will spur discussion among students.
According to Commissioner Liza Moore, the case against Curtis Allen Morris began in 2021 when he was arrested for having methamphetamine in his vehicle. He was released on bond and arrested in 2022 on a different matter. While in the jail’s booking area, a bag of meth allegedly fell from a pant pocket.
Morris eventually pled guilty to a charge of possessing meth. To calculate the appropriate sentencing, the court uses a matrix based on points assigned for variables. One of those is Offense Variable 19, which considers whether an offender’s conduct threatened the security of a penal institution or court.
During sentencing, the court assigned 25 points for OV 19 on the basis of the 2022 incident when meth allegedly fell out Morris’s pocket. These points changed the sentencing guidelines by 15 months. Through his attorney, Morris argued that OV 19 did not apply in his case.
Question of Conduct Central to Defense
Oral arguments before the Michigan Supreme Court are a relatively quick affair. Each side gets 15 minutes and only two minutes of that is “fire free.” At the two-minute mark, a buzzer sounds, the justices begin peppering the presenting attorney with questions.
First to the podium was Charles Covello, who represents Morris. He had a two-fold argument against the use of OV 19. He began by disputing that there was “conduct” involved in bringing meth to the booking area and also argued that the room is not a part of the jail for purposes of OV 19.
“Conduct is some type of voluntary (action),” Covello said. However, his client did not voluntarily go into the booking area of the jail. “If he knew he was going to be arrested that day, he would not have had meth in his pocket.”
Under questioning from the justices, Covello also asserted the meth didn’t pose a security threat. If it had been anthrax – which is dangerous to all people at all times – then it would be a different situation, he said. As it were, Covello thought it a routine matter to find and remove illegal substances from those who are being arrested. “That’s what that room is for – to intercept anything harmful from going into the housing area.”
Zachary Stampien, the Branch County Prosecuting Attorney, spoke next and defended the use of OV 19. He said that applying the offense variable here was in line with state statute and prior case law.
“It creates a uniform approach to post-arrest conduct,” he said. By ruling in favor of Morris, the court would open the door to allowing those arrested to simply drop whatever is in their pockets to avoid being penalized for it. “To me, that has the opposite effect of encouraging people to divest themselves of drugs,” Stampien said.
Justices asked about the threat posed by meth in the booking area, and Stampien noted that through the “trusty” system, inmates perform janitorial tasks and clean the room. An item dropped in the booking area could find its way into the housing area in that way.
At the end of oral arguments, justices thanked those in attendance and made their way off stage to confer privately. The court has until July to make a decision on the matter.
“I thought it was very exciting,” said LHS senior Ezequiel “Q” Gonzales. “It was interesting to hear the lawyers’ arguments but also the justices’ questions.”
He noted that there was some tension as questions were fired off to each attorney, but at the same time, the process felt informal. “I expected it be a lot more uneventful,” he said. However, the lively back-and-forth kept everyone’s attention.
Debriefing and Time to Talk to the Justices
While the justices reviewed the case amongst themselves, Brubaker hosted a debriefing session with Covello and Stampien. Brubaker said he had questions prepared in case students were slow to the microphones, but they weren’t needed as students quickly rose with questions for the attorneys.
Many questions had to do with the technical issues surrounding the case, such as what defined a jail, but others were about the experience of the attorneys.
One student wanted to know if the attorneys were nervous when they heard they would have to speak before the Michigan Supreme Court. “Or is it like, cool, I get to go in front of the top dogs?” he asked enthusiastically. That garnered laughter from both the crowd and those on stage.
“The reality is that it’s 40 hours more work, (and) I’ve got other things to do,” Covello said in reply.
After the debriefing session, students made their way to the auxiliary gym where they had a chance to chat with the justices during a reception.
“This was a great opportunity for them to see (the judiciary branch) in practice, not just theory,” said Landon Graham, who teaches four sections of AP Government at LHS. Approximately 120 students take the course. “I find it incredibly interesting…to know that it’s going to have real world implications for future defendants,” he added.
For Cavanaugh, there are multiple benefits to the Court Community Connections program. It helps remove some of the mystery surrounding the judicial branch and may also spur students to consider a career in law.
“When we engage with the public, we build trust with the judicial branch, (and) trust is a court’s most valuable currency,” Cavanaugh said.
High school students who are interested in learning more about careers in law are invited to attend a week-long program to be held this July in Lansing at the Hall of Justice.
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