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48th District Court Judge’s Daughter Arrested for “Minor in Possession.”

by ptbarone on April 8, 2009

After many years on the bench Michigan 48th District Court Judge Kimberly Small has earned a reputation as among the toughest on drunk driving.  Many laud her approach to sentencing, as is evident from this comment from the web site Courthouse Forum “Judge Small was tough, but absolutely correct. Drinking and driving is unacceptable. I appreciate her determination to enforce accountability. If she saves even one life, it’s worth whatever punishment she decrees. Thank you Judge Small.”

Others have a different opinion of Judge Small’s sentencing practices, which often include lengthy periods of incarceration for even first time offenders.  Many believe that sentences imposing long period of incarceration are disproportionate to the crime charged.  And so, nearly every defense attorney appearing before the judge for sentencing comes prepared to urge the court not to incarcerate their client.  Such arguments are rarely successful, and so the Judge’s reputation persists. So much so that simply mentioning the name of Judge Small to a person accused of drunk driving is often enough cause them a high level of anxiety.

Judge Small is also the subject of a lawsuit recently filed claiming that she unlawfully incarcerates youngster’s who violation their probation for the charge of Minor in Possession (MIP).  It is because of this reputation that today’s Free Press article has garnered so much interest.

It is unfortunate that this private family matter has received so much publicity largely due to Judge Small’s high profile relative to alcohol related crimes.  While Judge Small’s comment that “I guess it (my daughter’s arrest for MIP) shows that no family is immune,” is true, the Judge’s high profile has contributed to the fact that this otherwise innocuous arrest has actually become published news.  One can hope that this news article will be end of it, and that Judge Small’s family can focus their efforts on the best interests of their daughter.

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{ 8 comments… read them below or add one }

Dking April 24, 2009 at 7:48 am

I’m sorry. But I absolutely hope this story sticks around. regarding the article

“Small said she could not recall the exact sentence her daughter received but thought it was six months probation, a fine and an alcohol education class. She acknowledged that a similar case in her courtroom likely would get 12 months probation, required random alcohol testing, a fine and an education class.”

Small’s daughter got a proportional sentance to the crime. Meanwhile Small makes kids under the same situations undergo hundreds of dollars and hours in excessive sentancing. You think in 6 months her daughter isn’t going to go right back to drinking? her sentance expired just in time for football season.

I would hope if anything this ugly glitch in her life would show her that these aren’t “bad kids” who deserve to be treated like hardened criminals.

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Sleepy da Sandman September 8, 2010 at 8:58 pm

Believe me it hasn’t! I got thrown in jail on a first time offense and blew the old legal limit. 2 classes and random testing. 1 year of probation. Talk about Hippocratic!

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How I Lost Thirty Pounds in Thirty Days May 3, 2009 at 7:03 pm

Hi, interesting post. I have been wondering about this topic,so thanks for posting. I will certainly be subscribing to your posts.

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Broken Heart August 25, 2009 at 2:32 pm

It’s interesting that Judge Kimberly Small can remember the ‘details’ of cases but can’t remember her own daughter’s sentence! Please – if she can’t remember I’m sure it was much, much lighter than described in this article. Shame on her.

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owi offender January 8, 2010 at 6:11 pm

she's alright.she didn't sentence her doughter.was she suppose to ask the judge to sentence her doughter longer? i got a owi in August.going against her thursday but i understand y she does what she does. i only night one night in jail but i needed it.she doesn't know i quit drinking just bc it not worth it after blowing .13. the cop saved my life and mayb someone else.

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Justice February 16, 2010 at 5:00 pm

Judge Small gives drug addicts second chance on violation on probation. In court, she let a guy go who was doing marajuana off with no charge. Right after, I saw a girl after her on violation of probation for missing 2 random breathalizers a 30 day alcohol tether that costs 11 dollars a day. The girl works 60 hours a week 7 days a week. FAIR?

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Jane April 8, 2010 at 7:41 pm

Judge Small, has issues and she should not hear MIP cases or OWI cases at all.
She belitles people in court and it would not matter what you said, she calls you a liar and lectures and belittle people for at least 45 minutes a piece.

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kevin attisha May 13, 2010 at 9:52 am

she is an unfair judge with emotional mood problems and needs to be removed fromthe bench! See how here daugther gets away almost scot free but others get srewed over by judge smalls…..personal i think her attitude stinks and she has no respect for anyone that comes in front of her!!! She is the rudest lady i have meet, you go in front of her for one thing, she ends of making you do probation for cases u have already completed in the past, how many times are you gonna punish someone for the same reason when they come in front of you forsomething totally different. HONESTLY I CANT STAND THE LADY AND IF THERE WAS ANY WAY I COULD REMOVE HER FROM THE BENCH I WOULD. Some will run against her next termi promise!!!!!!

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