Tough Judges Target of Suit

But they say their intentions are to protect

BY L.L. BRASIER and EMILIA ASKARI • FREE PRESS STAFF WRITERS • April 4, 2009

Jeremy was 19 when police caught him drinking alcohol, and like thousands of underage drinkers in the state, he got a ticket.

But unlike most first offenders, who pay a fine and attend a class, a Rochester Hills district judge also took away his driver's license, ordered him to report to probation and undergo alcohol screening -- and eventually jailed him for 15 days.

The time behind bars meant he couldn't go to work, and he had a tougher time paying the rent on his apartment, according to his mother, Nancy, who asked that the family's last name not be used.

"They set them up to fail," she said, acknowledging that her son didn't show for up probation and also missed a court date to explain to the judge why.

"We're declaring war," said defense attorney James Amberg, the lead attorney who filed a lawsuit this week against two Oakland County district courts seeking to stop the practice. "The law is clear. These judges cannot do this. ... We won't stop until they stop throwing kids in jail."