If there’s one thing I’ve learned covering prosecutorial and judicial misconduct in Michigan, it’s this: prosecutors love to prosecute everyone but their own.
Former St. Joseph County Prosecutor John McDonough, who once had the power to decide who went to jail or prison, just got a big second chance; better than most folks. If he were any other defendant being dragged through the system, his life would have been completely upended by a felony conviction and all of the collateral consequences that come along with it.
Why? Because he’s been arrested—twice—for operating while intoxicated.
In Starts in 2020
McDonough was arrested in May 2020 for drunk driving. He then violated his bond twice by purchasing alcohol, and while some of the charges were dismissed, he was eventually sentenced to one year of probation. He didn’t learn his lesson though, because he was once again busted for driving drunk in 2024.
In January 2025, after pleading guilty to that drunk driving offense, McDonough was sentenced to Sobriety Court, lost his driver’s license for five years, and received two whole whopping days in jail to “eventually be served at a future date.”
Unlike Michael Carroll, he at least reported his latest conviction to the Attorney Grievance Commission, as his bar license is suspended for two years. However, this is still a slap on the wrist compared to what the system does to people without power and privilege.
A Tale of Two Justice Systems
While I applaud that he was allowed to enter a diversion program, I am deeply annoyed that Judge Jeffrey Middleton (yes, that Jeffrey Middleton of Buttf*cker 3000 fame) KNEW of McDonough’s struggles, admitted as much on court record, and never once reported him prior to this conviction.
Middleton, in his comments, said that alcoholism is a “progressive, insidious thing,” and talked about how he had noticed signs of McDonough’s addiction during his second and third terms in office, noting he tried to talk to McDonough about it “without much success.”
Wilcox Newspapers, January 6, 2025
It’s Problematic
It’s still absolutely bullshit, because there is a well established ethical responsibility to report misconduct and no one in the legal profession is actually doing it.
Let’s talk about Deborah Davis, and how Judge Middleton was real quick to complain about her. Why didn’t he do the same with McDonough?
Let’s talk about the everyday people lose jobs and face public humiliation over OWI convictions, McDonough remained protected by the very institution he once served.
I call your bluff, Judge Middleton.
Lawyers have a significant rate of substance abuse and no one is looking out for one another. For a “self-policing profession”, lawyers certainly suck at it.
Who Protects the Public from Prosecutors?
This isn’t about a single bad decision—it’s about a culture of silence around legal misconduct. How many lives did McDonough ruin during his tenure as prosecutor for crimes far less dangerous than his repeated and unrelenting drunk driving?
How many defendants faced horrific punishment while he now enjoys minimal consequences?
Will he be so desperate for community that he attempts to become an advocate? Claim that he sees the error of his ways and lobby for reform? I doubt it.
It comes down to this: prosecutors, judges, and public attorneys are so rarely held to the laws they claim they want to enforce. It never seems to apply to them.
Michigan’s Accountability Gap
Sadly, McDonough’s case just fits a growing pattern in Michigan:
- Former Portage Deputy City Manager and Chief Legal Officer Michael Carroll caught drunk with a BAC of .17—no bar discipline, no self-reporting, no consequences.
- Judges, prosecutors, and law enforcement figures across the state repeatedly avoid the oversight mechanisms the public assumes are in place.
If the law doesn’t apply to the people who are supposed to enforce it, exactly what are we doing as a country?
Love what we do? Support Clutch.
