In November's midterm election, Michigan voters will choose a new attorney general. The state’s current attorney general, Dana Nessel, is term-limited.
Here at Michigan Public, we’re bringing you interviews with the candidates.
Jeff Polonowski is the Green Party of Michigan nominee. He currently serves on the Otsego Township Planning Commission and he’s a retired pharmaceutical chemist.
He spoke with Morning Edition producer Caoilinn Goss.
Caoilinn Goss: What made you decide to run for state attorney general?
Jeff Polonowski: Well, my son asked me to place my name on the ballot. He currently is running in the 39th House district for the state. And he is currently a member of the Green Party. And when they had their convention, they were seeking people to add their names to the ballot. And the one that was open was attorney general. So he called me and asked if I would be willing to put my name on the ballot, and I agreed.
CG: Are you an attorney and a member of the state bar?
JP: Yeah, that would be a big no.
CG: It is perfectly legal under state law for a non-attorney to run for the office of attorney general. But state law sets the expectation that the attorney general would represent the state in court. So if elected, you would not necessarily be able to complete many of the functions of the job.
JP: You mentioned that I would not be able to do many of the functions. I think most of the functions you could do as attorney general. But if it's in the court, obviously not being an attorney you could not do those types of functions. But I think pretty much everything else you could.
CG: Can you explain how your experiences on the Otsego Township Planning Commission and elsewhere have prepared you for a statewide office managing a team of attorneys?
JP: Well, managing a team of attorneys... that would be a hard one to explain. However, I've been on the planning commission since 1988, and from time to time, we do end up involved in lawsuits over zoning issues and that. And primarily having to deal more lately with the state government wanting to take over more of the choices and the decision-making that typically would be done at the local township or city level.
CG: What would your top priorities be if elected?
JP: Top priorities is going to be, obviously, you have to be keep everything open, in view. I think part of the issue is that when most people think about attorney generals, they think, well, it's the attorney for the state. And there are a lot of things that have to be addressed from different departments in the state that have to go to court. And I think that that's part of the job.
But I think right from day one, you are not representing an individual department or an individual person or an individual company or anything like that. You are really, at the end of the day, you need to be representing all people in Michigan. You're the attorney for all people in Michigan. So if there's something that a state department wants to do, you know, and it's contrary to what you think is good for the people of Michigan, then you probably ought not to be taking that case up.
CG: The attorney general's office is not the only way to make changes. Of all the statewide offices you could have chosen to run for, why did you choose the one that primarily involves the practice of litigation?
JP: Well, the short answer is I was asked to lend my name to the to the ballot.
CG: I have one last question for you. What was the Green Party's strategy, do you think, in picking you for this particular role?
JP: Well, I would classify myself as a newbie when it comes to the Green Party. Now I remember back in the late '60s and '70s, I remember the Green Party. And, you know, it started as a, well, really as a green movement. Now they've progressed a lot further than that. You know, moving up to today. I did read over their stance on most everything. And, and I would agree with almost everything in their platform.
CG: Do you have concerns that a voter might see that you're a third party candidate and be interested in a third party candidate and not necessarily know whether or not the qualification of attorney would limit your ability to function in the role?
JP: Well, one, it would not. But two, I think the voter would have to make up their own mind as to whether, one, I would be a suitable candidate. And two, whether I would have to be an attorney to do that. As we explained earlier, you know, you don't have to be an attorney to run for that position.
So, can Jeff Polonowski take office?
Polonowski is right. He can legally run for state attorney general. However, after our conversation, I reached out to some experts to clarify whether or not he was qualified to take office.
In an email, a spokesperson for the secretary of state's office said, "I am not aware of language in the Michigan Constitution or Michigan election law that mandates the attorney general be a licensed attorney."
While Polonowski can legally run for the office of state attorney general, and his name does appear on the ballot, according to University of Detroit Mercy Law professor Aman McLeod, there is a precedent set by the Michigan Supreme Court in 1937 that would likely prevent him from serving if elected.
"There is a case called Attorney General ex Rel Cook versus O'Neill, in which the Michigan Supreme Court had the opportunity to opine on this exact issue. It did say in that case that the very name of the office implies the qualification of being an attorney at law," McLeod said. "So it would seem, you know, under this theory, a court would likely say that only an attorney could be the attorney general."
I asked McLeod what would happen if Dye or another non-attorney were to win the election.
"I suspect that what would happen is that there would be a quo warranto suit, which is a suit to challenge the qualifications of somebody to hold office. And then the courts would have to rule on whether or not this person was qualified to hold office," McLeod said.
"If they were not, if they had already been sworn in, then the office would be vacated," he said. "If they had not been, then perhaps the person who got the second most votes would take the office, or the office would be declared vacated, and then the the governor would appoint somebody."
Editor's note: Quotes in this article have been edited for length and clarity. You can play the full audio of this interview near the top of this page.
