Case Information
Attorney: Derek E. Miller (P 73278)
Case No.: 25-091-GA
County: Macomb
City: Sterling Heights, Michigan
Discipline: Reprimand (By Consent)
Effective Date: January 21, 2026
Quick Facts
Who is the attorney?
Derek E. Miller, P 73278, Sterling Heights, Michigan.
What discipline was imposed?
A reprimand, by consent.
Why was discipline imposed?
Professional misconduct arising from conduct during Miller’s tenure as Chief of Operations for the Macomb County Prosecutor’s Office, including a misdemeanor criminal violation involving county funds.
Was the discipline contested?
No. The matter was resolved through a stipulated consent order.
Were costs assessed?
Yes. Costs of $1,035.92 were assessed.
Discipline Summary
The Attorney Discipline Board ordered a reprimand of Derek E. Miller following stipulated findings of professional misconduct related to his conduct while serving as Chief of Operations for the Macomb County Prosecutor’s Office.
The discipline was imposed pursuant to a consent agreement between Miller and the Grievance Administrator and became effective January 21, 2026.
Applicable Court Rules
This matter proceeded under Michigan Court Rules and Michigan Rules of Professional Conduct governing criminal conduct, professional integrity, and attorney discipline, including:
Michigan Court Rules
- MCR 9.115(F)(5) – Discipline by consent
- MCR 9.104(1) – Conduct prejudicial to the administration of justice
- MCR 9.104(2) – Conduct exposing the profession or courts to reproach
- MCR 9.104(3) – Conduct contrary to justice, ethics, honesty, or good morals
- MCR 9.104(5) – Conduct violating criminal law
Michigan Rules of Professional Conduct
- MRPC 8.4(c) – Conduct involving dishonesty, fraud, deceit, or misrepresentation
As with all attorney discipline matters, this action falls under Michigan Court Rules, Chapter 9, including the Attorney Discipline Board’s authority under MCR 9.115.
Underlying Conduct
Miller and the Grievance Administrator filed a Stipulation for Consent Order of Reprimand, which was approved by the Attorney Grievance Commission and accepted by Tri-County Hearing Panel #101.
The stipulation and admissions established that Miller committed professional misconduct during his tenure as Chief of Operations for the Macomb County Prosecutor’s Office, while serving under Prosecutor Eric Smith.
In 2023, Eric Smith was sentenced by Judge Nanci Grant on three felony counts to 12 months incarceration. This sentence is to be served concurrently with a 21-month federal sentence Smith has been serving since June of 2022, when he pled guilty to Attempting to Obstruct Justice. Smith was additionally sentenced to 4 years of probation, 750 hours of community service, forfeiture of his public pension, restitution in the amount of $25,000, a fine of $8,000 for official misconduct, and other various fines and costs. Smith admitted to misusing public funds, thereby acting with corrupt intent in the exercise of his office as the elected Macomb County Prosecutor, before the court in August when he pled guilty to the following charges:
- One count of Conspiracy to Commit Forgery
- One count of Official Misconduct in Office
- One count of Tampering with Evidence in a Civil Proceeding
- One count of Conspiracy to Commit Forgery
Miller pled guilty to a misdemeanor violation of MCL 750.485 for refusing or neglecting to account for county funds. Sentencing was delayed, and the conviction was dismissed on September 25, 2024, after Miller complied with all court-ordered conditions, including probation, fines, community service, and no-contact requirements.
Hearing Panel Findings
Based on the parties’ stipulation and Miller’s admissions, the panel found that Miller engaged in professional misconduct by:
- Engaging in conduct prejudicial to the administration of justice, in violation of MCR 9.104(1) and MRPC 8.4(c)
- Engaging in conduct exposing the legal profession or the courts to reproach, in violation of MCR 9.104(2)
- Engaging in conduct contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3)
- Engaging in conduct that violated a criminal law of the state, in violation of MCR 9.104(5)
No contested evidentiary hearing was required.
Sanction
Pursuant to the parties’ stipulation, the hearing panel ordered that Derek E. Miller be reprimanded, effective January 21, 2026.
Costs were assessed in the amount of $1,035.92.
Why This Matters
This case illustrates that disciplinary accountability applies equally to attorneys serving in administrative or managerial roles within prosecutorial offices, not just to courtroom advocacy.
Even when criminal proceedings are ultimately dismissed following compliance with court-ordered conditions, the underlying conduct may still warrant professional discipline. Consent reprimands serve as a formal acknowledgment of misconduct while allowing resolution without prolonged litigation.
