In March 2020, Michael Carroll, then Assistant City Manager and Chief Legal Officer for the City of Portage, Michigan, was arrested for driving under the influence with a blood alcohol content (BAC) of 0.17, more than double the legal limit.
Compare this to the recent drunk diving incident with the recent case of Michael Dyer, Comstock Township’s deputy fire chief, who blew blood alcohol levels of .158 and .146.
The incident, which could have ended tragically, instead became a textbook example of how proximity to power shields insiders from the consequences that ordinary people routinely face.
Rather than resign, face formal discipline from the bar, or experience the kind of legal and social consequences most Michiganders would under Michigan’s Drunk Driving laws, Carroll walked away with a $500 fine, a downward departure from the enhanced penalties normally required by law for such a high BAC level.
Misdemeanors in Michigan are usually punishable by up to one year in jail.
No jail time. No probation. And curiously…no public reprimand from the Michigan Attorney Grievance Commission.
Why? Because he didn’t report it, a significant ethical violation according to Michigan Court Rule 9.120(A), that now spans across two State Ethics Commissions; Michigan and Illinois.
In fact, no report exists at all, despite stringent reporting requirements, implicating Kalamazoo County Prosecutor Jeff Getting’s office, Defense Attorney Anthony R. Toweson, and Judge Richard Santoni in ethical misconduct and blatant failure to report.
Under Michigan Rules of Professional Conduct 8.3 all of them were required to report misconduct.
As a side note, Santoni originally worked in the Portage Courthouse before it was closed and consolidated.
The Power of a City ID
In bodycam footage from the arrest (timestamped 3/27/2020), Carroll immediately attempts to leverage his position by handing over his City of Portage employee identification to the arresting officer within seconds of the encounter.
The implication? That he wasn’t just any drunk driver…he was an important drunk driver.
This unspoken code between officials, cops, lawyers, and bureaucrats often operates invisibly to the public. But for those paying attention, it’s loud and clear: connections outweigh conduct.
Required to Report, but Never Did
According to Michigan Court Rule 9.120(A), all licensed attorneys in the state must self-report criminal convictions to the Attorney Grievance Commission. A public record search yields not a single shred of evidence that Carroll ever reported his conviction. Nor is there any disciplinary record acknowledging it.
This failure to self-report on its own is an ethics violation. Yet the Michigan Attorney Discipline Board shows no entry under his name. And there’s nothing in Illinois, either. No letter of admonishment. No reprimand. No suspension.
The same court rule also requires the Prosecuting Attorney and Defense Attorney to report the violation. No record exists, implicating Jeff Getting’s Prosecuting Attorney Staff and Carroll’s Defense Attorney, Anthony R. Toweson, in misconduct.
Failing Upward Across State Lines
Carroll has since moved on without a single consequence from Michigan.
He now serves as City Attorney for Lockport, Illinois, continuing his public service career without a blemish on his official record. Despite credible allegations, statutory reporting failures, and a conviction for operating while intoxicated, no known discipline was pursued, either in Michigan or Illinois.
And here’s the kicker: while others lose their jobs or licenses for far less, he kept his leadership position in Portage for years, even while technically on paid leave during the investigation.
This isn’t his first foray into ethical misconduct; in 2021, he threatened to sue a whistleblower who uncovered potential conflicts of interest from 2017.
Two Justice Systems, One State
The State of Michigan’s message to the public couldn’t be clearer:
If you’re poor, powerless, or unknown, you’re punished to the full extent of the law. If you’re a connected city official with legal credentials, the system finds a way to insulate you.
How many people in Michigan were sentenced to jail, probation, or mandatory alcohol monitoring for the same exact BAC in 2020?
How many of them lost their jobs, housing, or children? And how many of them didn’t get to flash a city badge before the cuffs went on?
Who Watches the Watchdogs?
It’s not just that Michael Carroll got off easy; it’s that he wasn’t held accountable at all. Not by the Attorney Grievance Commission. Not by the Michigan legal community. Not even by his peers in local government or by Judge Santoni. And definitely not even by Illinois bar officials upon his hire in Lockport (at least, not yet).
And that should raise red flags for anyone who believes in equal justice under law considering the for the same offense, Black and brown people routinely go to jail, or worse yet, prison.
Attorneys and public servants across Michigan regularly evade ethics rules, hide convictions, and continue holding power with impunity. We don’t have a justice system; we have a protection racket for the wealthy and powerful.
What’s Next?
Clutch has been informed that an Attorney Grievance Commission complaint is being filed in Michigan and Illinois for Carroll, as well as in Michigan for the Prosecutor in Getting’s Office, and Anthony Toweson.
We’ll keep you updated as soon as we know more.
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