On Friday, September 26, 2025, MyUPNow reported that a Circuit Court judge is expected to decide whether he will recuse himself from all criminal cases in Alger County, Michigan, following allegations of bias. The controversy stems from publicized text messages between 11th Circuit Court Judge Brian Rahilly and Mackinac County Probate Judge W. Clayton Graham.
A hearing on September 24 marked the first time Judge Rahilly publicly addressed the accusations. During the hearing, defense attorneys raised concerns about the motives of Alger County Prosecutor Robert Steinhoff, who is seeking Rahilly’s removal.
The text messages between Judges Rahilly and Graham contain disparaging remarks about attorneys, prosecutors, and law enforcement officials, using terms such as “moron,” “useless,” and “a**hole.” Mackinac County Prosecutor Stuart Spencer was among those frequently criticized.
The controversy began when Prosecutor Steinhoff publicized the text messages and filed a Writ of Superintending Control on July 23, seeking Judge Rahilly’s temporary removal from the bench. This filing was submitted to 11th Circuit Court Chief Judge Beth Gibson, Rahilly’s superior. Steinhoff also announced his intention to file a complaint with the Judicial Tenure Commission (JTC), which investigates potential misconduct by Michigan judges.
Following the initial press release, Judge Rahilly took a voluntary leave of absence. Subsequently, Steinhoff declared his candidacy for the 11th Circuit Court Judge seat.
Upon Judge Rahilly’s return to the bench in September, Steinhoff filed an Ex Parte Motion on August 26, requesting permission from Judge Gibson to file Motions for Disqualification in each criminal case involving Judge Rahilly. This motion argued that the Writ of Superintending Control contained the same motion as the Motion for Disqualification, differing only in procedure. Judge Gibson granted the Ex Parte motion, allowing Judge Rahilly to preside over the question of his own dismissal.
During the September 24 hearing, Judge Rahilly heard arguments from Prosecutor Steinhoff in support of his Motion for Disqualification. Seven defense attorneys and the county’s chief public defender were present, an unexpected turnout according to Steinhoff, who anticipated separate hearings for each case.
Steinhoff argued that the text messages revealed an appearance of impropriety and actual bias, asserting that Judge Rahilly could not be trusted to provide fairness in the courtroom. He cited a specific text exchange where Rahilly suggested scheduling a trial to force a settlement.
Defense attorneys, led by Chief Public Defender Lillian Harmon, argued that Steinhoff’s motions were improper and that the burden of proof for alleging bias against a judge had not been met. They emphasized that Rahilly’s remarks were made in private and did not violate judicial ethics. Attorney Jen France, who was mentioned in the text messages, stated that she did not take offense to the remarks.
Attorney Jana Mathieu, who had a case where Steinhoff alleges Judge Rahilly questioned his charging decisions, requested sanctions against Steinhoff, accusing him of using the disqualification effort to launch his campaign for judge.
In response, Steinhoff stated that the focus should be on the text messages themselves, not on his motives. He expressed disappointment with the hearing’s tone, claiming he was met with raised voices and constant interruption.
Judge Rahilly stated he would issue a ruling within two weeks. Steinhoff plans to appeal the ruling to a third party if Judge Rahilly denies the disqualification motion.
Source: MyUPNow
