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Reports: Mack probe began in October

Latest inquiry followed 2017 investigation

ALPENA — Police began investigating Michael Mack, then chief judge of the 26th Circuit Court, in October, more than a month before the Michigan Supreme Court replaced him as chief judge and he was barred from overseeing cases, according to police reports obtained by The News.

Police also investigated Mack in 2017, though the nature of that investigation or the more current one are not detailed in the 177 heavily redacted pages obtained by The News through the Michigan Freedom of Information Act.

The Michigan Attorney General’s Office declined to comment on what it called an ongoing investigation. The Michigan State Police could not be reached for comment on this story.

Neither the Judicial Tenure Commission, which investigates misconduct by judges, nor the Michigan Attorney Discipline Board publicly list any complaints against Mack.

Mack told The News he strongly rejects the original suspicions of the police and is proud of his work at the court. He is currently representing clients as a defense attorney in Alpena. Mack’s attorney told The News on Friday he has not been updated on the status of the police investigation.

The Supreme Court on Nov. 14 made Benjamin Bolser chief judge. Bolser removed Mack from the docket the same day. Mack retired as of Jan. 3.

On Oct. 10, according to the reports, the Alpena Police Department and the Alpena County Prosecutor’s Office — acting on information they received while investigating another case — requested a formal investigation of Mack by the State Police.

The next day, the director of the Michigan Department of Corrections notified the Supreme Court of allegations made against Mack, though it isn’t clear from the blacked-out pages who made that allegation.

An Alpena Post detective — who opened a separate investigation regarding Mack in November 2017, police reports indicate — told the Supreme Court he saw no urgency for revoking Mack’s position, adding that such action might be necessary in the near future.

The state court administrator said Mack would remain on the bench unless criminally charged. It wasn’t immediately clear what prompted the high court to change course.

On Oct. 15, a team of MSP detectives met, was briefed on the previous investigation and new allegations against Mack, and decided to open a new investigation, with the Alpena Post detective serving in a secondary role not requiring him to conduct formal interviews.

Throughout the next several weeks, multiple interviews were conducted, including at least one with a female incarcerated at the Alpena County Jail. Several search warrants were served, and information was extracted from the electronic devices of several witnesses, none of whom could be identified through the redacted reports.

In late October, a member of the Attorney General’s Office was assigned to the case to communicate with investigators and handle any future prosecution.

On Nov. 12, the State Police was notified that then-Alpena County Prosecutor Ed Black had filed a complaint against Mack with the Judicial Tenure Commission.

A day later, Mack told the State Police he had submitted a letter to the State Court Administrative Office stating his plan to retire from the bench in January 2020.

Throughout the following months, State Police conducted periodic interviews, some with witnesses who came forward offering information. An interview was conducted as recently as March 6, and, as of April 1, the case was still open, the State Police reports indicate.

In February, Gov. Gretchen Whitmer appointed Black to fill the remainder of Mack’s term as 26th Circuit Judge. Then-Assistant Prosecutor Cynthia Muszynski was subsequently appointed by Bolser to serve as county prosecutor through December 2020.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.

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