Three running for Mason County prosecutor

Candidates for Mason County Prosecuting Attorney. From left, Jordan Miller, Beth Hand and Becky Lederer.

By Rob Alway, Editor-in-Chief

Jordan Miller

On Aug. 6, voters will decide who will be the next Mason County prosecuting attorney. Technically, the primary election’s purpose is to choose each party’s candidate for the Nov. 5 General Election. Since there are only Republicans running for the position, the primary election will ultimately decide who the next prosecutor will be. That person will not take office until Jan. 1, 2025.

Three people are running to be the Republican candidate for Mason County prosecutor: Beth Hand of Sherman Township, Becky Lederer of Branch Township and Jordan Miller of Ludington.

The starting salary for the Mason County prosecuting attorney is $122,437.87.

Miller, 37, is currently the Manistee County chief assistant prosecuting attorney, Lederer, 42, is a private practice attorney and Hand, 56, was appointed on May 31 to serve as Mason County prosecuting attorney following the resignation of Lauren Kreinbrink. Prior to that, she had been Mason County chief assistant prosecuting attorney.

Becky Lederer

Lederer is a 1999 graduate of Mason County Eastern High School. She said she has been a resident of the area her entire life, growing up just east of the county line in Lake County. She has a bachelor’s degree in elementary education from Spring Arbor College and earned her law degree at Cooley Law School in Lansing, passing the bar in 2007. She has been a court-appointed defense attorney in 2006, serving in Mason, Lake, and Manistee counties.

Hand graduated from Kalamazoo College with a bachelor’s degree in psychology in 1989. She attended University of Detroit, which is now U of D Mercy and earned her law degree in 1992. She spent most of her career as an assistant prosecuting attorney in Oakland County and then, in 2021, was hired by the Mason County Prosecutor’s Office.

Miller is a graduate of Pine River High School in Leroy, Osceola County. He received his bachelor’s degree, majoring in criminal justice, from Grand Valley State University and earned his law degree from Valparaiso University Law School in 2013. He has worked for the Michigan Court of Appeals, worked at a private practice in Ludington and has been with the Manistee County Prosecuting Attorney’s Office since 2019.

Beth Hand

“Of the candidates, I am the most experienced, almost 32 years,” Hand told MCP. “I think my predecessor is an example of why experience is necessary. You have to have an understanding of the commitment of what this job takes. I have experience. I know what the job entails. I’m not here for a paycheck. I’m a prosecutor. It’s not something you do, it’s who you are. I want to serve the public. Victims need a strong voice. They don’t need somebody who is going to plea down their case, because they are overworked.”

Both Miller and Lederer said they believe they have diverse experience as they have both worked other areas of law.

“I have 11 years of experience in practicing law,” Miller said. “I have worked the other side of cases and have worked in non-criminal cases, abuse and neglect cases as well. Plus, I have worked in the appellant court. There is a major difference in working in a large county like Oakland County versus Mason or Manistee counties. What I like to call ‘the big city mentality’ is not necessarily the case here. Local experience matters and I have been here since 2016.”

Lederer said her lack of experience in prosecuting is made up by her overall court experience.

“I have been a criminal defense attorney for 17 years,” she said. “Coming from the defense perspective, having been defense attorney, I am going to be looking at deficiencies in the case, which gives me an advantage to combat them in trial.”

MCP asked the candidates the following questions:

MCP: What is your approach to plea deals?

LEDERER: It is the responsibility of the prosecuting attorney to assess the facts of each case, assess the defendant’s criminal history, and assess the strengths and weaknesses of the case before making a plea deal. In order for a defendant to be willing to take a plea deal, there must be some consideration given by the prosecutor that makes the defendant feel that it is in his/her best interest to take the plea offer.

The current administration has taken a rigid approach to plea offers with a written policy (sent to the defense attorneys) that if the defendant’s, who are charged with felonies, don’t plead at or before their preliminary examination then there are no other plea offers given. However, when the plea offer that is offered is plead to the crime as charged at the middle to the top of the sentencing guidelines, that is not a plea offer as the prosecutor is not giving any consideration to the defendant and the defendant is not receiving any consideration to avoid a trial. The defendant could potentially receive a better sentence from the judge if the defendant plead guilty as charged or was found guilty at a jury trial. Therefore, there is no incentive to a defendant to plead guilty if there is no consideration given from the prosecutor. This rigid policy has led to a huge backup in the felony docket and an excessive number of jury trials.

It is the prosecutor’s responsibility to weigh the punishment, possibility of rehabilitation of the defendant, and the victim’s right to have justice. This can be achieved by having open and frequent communication with the police officers, defense attorneys, and the victims.

HAND: Plea bargaining has a place in our criminal justice system. With that being said, it is a tool that needs to be used with sound discretion. Persons who violate our laws need to be held accountable. Reducing felony charges to misdemeanors should be the exception, not the rule. A prosecutor should never reduce a charge out of convenience, laziness or fear of taking a case to trial.

Michigan law has provisions to allow first time offenders of a certain age group, for select classes of crimes, to earn a dismissal of their charges if they successfully complete a probation period under the court’s supervision. The law also has a provision to allow persons charged with possession (not delivery) of drugs for the first time to be given a chance to earn a dismissal upon successful completion of a probationary period.

The key word in those programs is earn. Part of being held accountable is knowing that your actions must have consequences. Compliance with the probationary terms is required in order for the court to grant a dismissal. The probationary terms regularly include programs to assist with addiction and encourage rehabilitation.

Each person and each case must be evaluated individually. There are many factors that must be considered in determining whether to allow a defendant to plead to an offense less than the crime charged. Such factors include but are not limited to:

The strength of the facts of the case and probability of conviction.

The victims’ desired outcome for the case.

Witness availability.

The ability to enter into a sentence agreement to guarantee restitution and making the victim of a crime whole.

The offender’s prior criminal record or lack thereof.

MILLER: Plea deals are a necessary part of the criminal justice system, especially in small counties that are staffed by only three prosecutors, because without them the system would grind to a halt—much like it has in Mason County the last few years. With that said, plea bargaining must be utilized responsibly based upon the facts of the case, the strength of the evidence, the sentencing guidelines (where applicable) and, most importantly, the input of the victim.  If a plea deal does not achieve a similar outcome as the original charge in terms of accountability, punishment, rehabilitation and public safety, then it should not be offered.

MCP: What do you consider to the be the most pressing criminal issues in Mason County?

HAND: As in most counties in our country, Mason County faces a drug epidemic. There is an extremely high number of people struggling with drug addiction. The drug epidemic bleeds over into virtually every other type of crime we see being committed. Those addicted to drugs need money to feed that addiction. That money often comes from crimes of theft. Theft in the form of breaking and entering to steal property, shop lifting, larceny of all varieties, frequently from family members, and credit card fraud; just to name a few. People utilizing drugs also do not exercise sound judgment. They frequently act impulsively and much differently than they may if of clear and sound mind. Our drug problem results in crimes of violence, often domestic in nature. Drug users who have children frequently fail to provide both physical and emotional care for their children. Those children are at high risk for mental, physical and sexual abuse.

Although drug crimes may be the most prevalent, in terms of severity and importance, the crimes against our children are of the highest importance. All children deserve a childhood free from violence or mental abuse. A parent’s failure to protect is equally as criminal and unacceptable as a parent themselves engaging in abuse. Not only are our children being placed in harm’s way within their own home, a lack of supervision or abuse creates a vulnerable child more likely to be targeted by people who prey upon our youth. Predators seek out children who are craving attention and a desire to feel relevant and loved. When children are not receiving validation, love and support, they seek it elsewhere and are more apt to become a victim.

MILLER: Drugs, without a doubt. We know that drugs are flooding into our communities from places like Muskegon (and, ultimately, Mexico), and being peddled in mass quantities for cheap. They are killing our friends and loved ones and turning previously-law-abiding citizens into criminals who would do anything to get a fix.  There are surely other serious crimes that deserve our attention, but in a lot of instances, the underlying cause of that criminality is drug addiction.

LEDERER: Undoubtedly, drug crimes in our county have continued to spike over the last 10 years. Therefore, the prosecuting attorney, should be working collaboratively with West Michigan Community Mental Health or other appropriate organizations to meet the needs of our citizens to help keep our community safe. Mental health issues and substance abuse issues are the cause of lot of the criminal offenses in our county.

MCP: What needs to be done in Mason County to deter the drug issue?

MILLER: First, stop delaying the administration of justice by refusing to make plea offers for low-level users. There is no excuse for allowing users to remain out on bond in our community for months on end — doing drugs — while they await trial simply because you want to “send a message.”  Instead, get them into the system, offer a reasonable resolution, that takes into account sentencing guidelines, get them on probation, hopefully with some jail time, or even prison, where appropriate, and get them under the court’s supervision, where they can be ordered to get treatment or else suffer additional consequences (such as the revocation of their probation or parole and being sent to prison).  Second, implement a treatment court, where additional resources such as counseling and medication-assisted treatment can be made part of their terms of probation with incentives for complying. Finally, take a harsh stance on dealers, even those whose only motivation is to support their own habit.

LEDERER: It would be extremely beneficial if Mason County had a drug treatment court. These courts have been extremely successful in other counties.  

HAND: I don’t necessarily have the solution to this. In terms of being the prosecuting attorney, the county not electing a social worker, they are hiring a prosecutor. A lot of people who find themselves in court are there because of drugs and alcohol. If that’s not your rock bottom, I’m not exactly sure what that is. If you’re before the court and it’s your first offense and you are given treatment and services as a sentence, and if you don’t take advantage of those services, that’s not on the system. That’s on the individual. If they don’t take advantage of those services and the next time they are back, they will face tougher consequences. I get it, beating addiction is difficult.

MCP: What is the role of the prosecutor in helping local communities enforce local ordinances?

LEDERER: If there is a contract or agreement for the Mason County Prosecuting Attorney to provide enforcement of ordinances, then that is something that the Mason County Prosecuting Attorney should enforce.

HAND: The Prosecutor of Mason County is contracted with the city of Ludington to enforce violations of the criminal ordinances within Chapter 34 of the city code. It is the duty of the prosecutor to enforce that code. As a general rule, the county prosecutor has no authority to enforce township ordinances. Some local communities: Amber, Branch, Custer, Eden, Meade, Riverton, Victory townships and Village of Custer are part of the county junk authority. If the county junk board requests enforcement of violations through this office, the prosecutor has authority to request enforcement in the circuit court or the district court depending on the desired outcome. Since working in this office, I have had no requests for action by the county junk authority. If elected, I am happy to explore with the county junk authority what if any action this office can take to assist in the enforcement for those townships and villages that have contracted with the county.

MILLER: The answer depends on the agreement in place between the prosecutor’s office and the local municipalities. If there is an agreement that the Office will prosecute city/township ordinance violations, then they should be pursued and enforced with the same rigor as any other violation in an effort to remedy the problem and keep our communities safe.

MCP: What is your philosophy on criminal law?

HAND: We are a society governed by self-imposed rules. These rules are in place to prevent chaos and for the welfare of society as a whole. Disobeying the laws we created must be met with consequences, lest you have a breakdown in the peace that society rightfully deserves. The criminal laws of this state must be applied equally amongst all citizens to ensure fairness. The Constitution of our State and the United States must be upheld. Every citizen deserves to feel safe and secure from physical or mental harm. Our criminal laws are designed to protect each person’s right to life, liberty and the pursuit of happiness.

MILLER: I prosecute conduct, not people. If you were to ask me about any particular case, I could probably give you an entire rundown of the facts before remembering the name of the defendant.  And that is because it does not matter to me who the defendant is. I prosecute crimes fairly and impartially based upon the facts and the law, not the names of the persons attached to them.

LEDERER: Integrity first. Justice always!

MCP: Who do you look to as a role model?

MILLER: First and foremost, my wife Brandy, who works harder than anyone I know and is a champion for this community, all while being an amazing wife and mother. Also, my children, who are the inspiration for everything I do. Finally, in my professional life, it has been my current boss Jason (Jason Haag is the Manistee County Prosecuting Attorney), who has been a constant source of knowledge and wisdom and has helped shape my prosecutorial philosophy into what it is today.

LEDERER: I have had many role models throughout the years. There have been so many individuals in this community who have helped shape me into who I am today. In high school, my professional role models were Chris VanOosterum (former Mason County prosecuting attorney) and Mark Raven (former Mason County probate judge). After law school, my professional role models became (attorneys) Roger Anderson, Robert Andrews, and Jeffrey Nellis (who is now Mason County probate judge). These three men were integral in helping me make the transition from a law school student to a owning a thriving private practice.

HAND: On a personal level, I always looked to my deceased father as a role model. He taught me the value of hard work, humility and always doing the right thing no matter how difficult it may be. My father was kind and generous. He was tough on me as a child because he wanted me to be my best self.  His family always came first.

As a professional my role model is the late Honorable John McDonald (everyone called him Jack). He was a brilliant jurist. He never walked into court unprepared. He read every pleading before him. He was humble and kind and treated every party that came before him with respect.  Never did he treat a defendant as a criminal. In his eyes, all people were human beings, deserving of a fair and impartial forum. When necessary, he was tough as nails, but never disrespectful. His decisions were well reasoned on the facts and law. Even if I disagreed with his ruling, I was certain that he believed it was the right thing to do.  He taught me a great deal about the necessity of maintaining dignity for all in our criminal system. I learned from him the absolute requirement of always being prepared. Always!  Preparation is owed to the people you represent.  Not only did he help make me a better prosecutor, but he also led, by example, how to be a better person.

MCP: Have recent changes by the legislature in sentencing guidelines and bail amounts deterred crime?

LEDERER: No, it definitely has not deterred crime. Any changes in the law would need to be made by the legislature and not the prosecutor.

HAND: No, quite the contrary, they have had the opposite effect.

In my humble opinion, several laws need change. However, as it relates to the above question: the manner in which guidelines are calculated has not changed. The legislature created sentencing reform which to a significant extent is intended to tie the judiciary’s hands on how they are to sentence within those guidelines.

The legislature should give the discretion back to the judiciary both as it relates to the setting of appropriate bonds and sentences. Guidelines are there for the very reason of “guiding”. Previously a judge had to demonstrate substantial and compelling reasons to sentence outside the guideline range. The law then changed, requiring judges to only give reasons why a sentence outside the guideline range was appropriate. Currently, the legislature has imposed the restriction on a judge of when there is a presumption that the sentence may not include incarceration.

Judges, not legislators, are in the best position to determine the appropriate sentence in each case. Criminal cases are not merely docket numbers; they are people. There are many pieces of information a judge may have that are not accounted for in the guideline calculation.

Other laws that need to be changed are substantive rather than procedural. Fentanyl and heroin crimes need to be placed on the same sentencing grid as methamphetamine. Currently, fentanyl and heroin possession are treated for sentencing purposes, as a less serious category of drugs than methamphetamine possession. This should not be the case. Additionally, cocaine, heroin, fentanyl, and other Schedule 1 and 2 controlled substances have increased penalties depending on the amount/weight of the drug possessed; methamphetamine does not but should. As the law currently stands, possessing with intent to deliver 10 grams of methamphetamine is scored for sentencing purposes the same way that possessing with intent to deliver 1000 grams of methamphetamine is scored. This disparity needs to be rectified. For Schedule 1 and 2 controlled substances there are weight categories of less than 50 grams, 50-450 grams, 450-1000 grams and over 1000 grams. Methamphetamine should also have the graduated sentencing penalties.

The above are just a couple of the laws that need to be modified.

MILLER: Absolutely not—quite the opposite, in my opinion. It starts with eliminating the barriers to judges and law enforcement officials using their common sense and discretion in dealing with crime.  By way of example, our legislature saw fit, in 2021, to change felony sentencing guidelines by imposing a “presumption” that, when the top end of the minimum guidelines range is 18 months or less, the judge cannot impose jail without articulating a special reason, regardless of the type of crime. There is a huge swath of crimes, including assaultive offenses, to which this presumption now applies, meaning that the Judge is hampered in their ability to impose real consequences. It is a ridiculous law that substitutes the discretion of the judge—who knows the facts and the defendant—with that of people in Lansing, and it needs to change.

MCP: What should be done in Mason County to stop sexual predators who use computers to accost children?

HAND: From a law enforcement perspective, there needs to be a strong message sent that these predators will be held accountable to the fullest extent of the law. Detectives from both the Ludington Police Department and the Mason County Sheriff’s Department are actively involved in these types of investigations and are being proactive in attempting to identify these predators before they reach our children.

Parents and guardians in every child’s life should be actively monitoring the computer applications their children visit. Requiring transparency and limiting screen time and accessibility to the internet is key. Enforcement to some extent begins in the home.

MILLER: There is an additional felony charge that can be levied against offenders who use computers (including cell phones) to commit their crimes, which carries the potential of a consecutive sentence. Where appropriate, this charge should be utilized.

LEDERER: Mason County recently did a sting operation which was very successful in catching some sexual predators. These type of sting operations can be helpful in catching and convicting predators who are looking to hurt or exploit our children. If a person is convicted of a sex crime, (despite whether there is jail time or not) they are typically subject to being on the sex offender registry and have extended periods of probation. Being on the sex offender registry allows the public to know exactly where they live and know that they are a known risk to children. Furthermore, probation, brings more restrictions such as no social media accounts, no unregistered emails, etc. So even if there is no jail time given, because of lenient sentencing guidelines, that effort by the police, to gain these convictions, is not wasted as it helps keep our children safer.

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