By Jennifer Champagne
Beacon Correspondent

Alger County Prosecuting Attorney Robert Steinhoff filed a writ of superintending control with the 11th Circuit Court last week, seeking the immediate disqualification of Judge Brian D. Rahilly from presiding over criminal matters in the county.

The filing comes after public court documents from Mackinac County alleged the judge had used his scheduling authority to manipulate outcomes in criminal cases.

The writ, formally filed on July 23 with Chief Judge Beth Ann Gibson of the 11th Circuit, follows a cascade of disqualification motions initiated by the Mackinac County Prosecutor’s Office. But unlike his counterpart in Mackinac County, Steinhoff opted not to file individual motions in front of Rahilly himself.

“I chose a different route,” Steinhoff said in an interview with The Munising Beacon. “I chose to appeal to a higher forum, that being utilizing the chief judge rule for superintending control. And the reason is … I’m not confident right now in putting motions in front of Judge Rahilly.”

The move marks a break in protocol and tone from a prosecutor who has long prioritized deference to judicial process. But in this case, Steinhoff said, that trust was shaken.

“We tried to identify those specific instances that were tied to Alger County,” he said. “I think we identified three or four specific instances that were pertaining to our county and our court system … that I outlined in my writ.”

The filings in Mackinac County included more than 175 pages of screenshots and internal court messages. The communication often involved Rahilly and W. Clayton Graham, a Mackinac County judge who was under investigation in a different matter.

The messages show the judges making disparaging comments about prosecutors and defense attorneys.

Steinhoff confirmed that he reviewed the material in full late on the evening of July 22 and into the early hours of July 23. He then began cross-referencing those conversations with Alger County cases.

“We’re talking five years of files,” Steinhoff said. “We’re looking for patterns and unique situations, various things that we felt were untoward as they happened. But identifying those and assigning any kind of unethical and various intent at this time has not been accomplished.”

Among the messages that raised red flags was one suggesting that Rahilly scheduled a jury trial two weeks before a high-profile murder trial — a case involving multiple counties and agencies — potentially disrupting critical witness prep and case coordination.

“When the felony trial got scheduled … I objected,” Steinhoff said. “Now we can kind of see what the motivations for scheduling that trial at that time were.”

The writ states that “Judge Rahilly’s motivation was to force the parties to settle the case short of jury trial.”

Steinhoff said his reaction was reflected in the press release issued by his office on July 23.

“I think my reaction in our release pretty much sums how I felt about that,” he said. “What we discovered was the judge’s perceptions of our charging discretion in the County of Alger. Charging criminal activity is the express province of the people.”

Steinhoff emphasized the constitutional separation between judicial and prosecutorial authority.

“The unique thing about prosecuting attorneys is we’re not regular attorneys,” he said. “We also have to act simultaneously as ministers of justice. … That means I have to do what’s in the best interest of justice — which is a nebulous concept, as you’re aware.”

Though Steinhoff stressed that the investigation remains in its early stages — “the situation is very much in its infancy,” he said — he made clear that Rahilly’s continued presence on the docket is not acceptable.

“I have expressed to the courts that I am comfortable with any docket assist jurist — as long as Judge Rahilly is not presiding over our cases in Alger,” he said.

Steinhoff said Judge Charles Nebel will assist on the docket for the next week “as a new plan is put in place,” and said his office called in reinforcements to ensure the smooth continuation of District Court proceedings.

“There logically could not have been a sooner or quicker response from the Alger County Prosecutor’s Office in this matter,” he said. “I acted in all practical immediacy.”

Despite the high-profile nature of the situation, Steinhoff reiterated his core concern remains with public safety and fairness.

“Truthfully, the one thing at the forefront of my mind right now is the victims of crime,” he said. “I want to make sure that we go and review everything and ensure that the victims of crime and the safety of law enforcement have been accounted for in the court of law.”

He added, “I will do everything in my power to ensure fair administration of justice in Alger County. My goal is transparency. My goal is the protection of the victims of crime in our county and the safety of law enforcement. And I will stop at nothing to ensure that those tenets are fulfilled.”

The matter is now in the hands of Gibson, the chief judge of the 11th Circuit Court. Steinhoff said he is confident in the system’s ability to resolve the situation with integrity.

“I am abundantly confident in the chief judge’s ability to marshal an appropriate jurist to handle every criminal action in the County of Alger,” he said.

Rahilly, whose position in the 11th Circuit Court covers Alger, Luce, Mackinac and Schoolcraft counties, has taken a leave of absence as of July 24, according to the chief judge.

In a statement, Gibson said the leave was approved “in concurrence with the State Court Administrative Office” and that staff are working to coordinate Rahilly’s docket “with as little disruption to the public as possible.”

Rahilly has not returned multiple calls for comment from The Munising Beacon. 

Additional developments are expected as prosecutors across the region continue their reviews.

Steinhoff, who ran for election with no party affiliation, said political neutrality is essential to maintaining prosecutorial independence, especially in moments such as this.

“It’s long been my belief that constitutional officers — clerk, sheriff, treasurer, prosecutor — should not be politically affiliated or aligned,” he said. “I had an opportunity, I took it and I’m very proud of it.”He added, “Judges are held to a very specific standard. It’s greater than any standard in the legal system. In fact, the Judicial Code of Ethics says a judge must avoid the appearance of impropriety — not just impropriety. The appearance of impropriety. I think we’ve reached that river.”