The following is Watershed Voice’s candidate questionnaire for August’s St. Joseph County prosecuting attorney primary election. We will run all completed questionnaires in the order they’re received prior to Election Day.
Deborah Davis filled out our questionnaire. These are her answers.
Editor’s notes: In most cases, the formatting and content of this questionnaire are presented as they were submitted. We abridged one answer when it appeared that opinions were being presented as facts. We also contacted David Marvin, directly mentioned in two answers, in an attempt to verify the information. Deborah Davis faces incumbent David Marvin and fellow challenger John McDonough.
Name: Deborah J. Davis
Age: 42
Address: 56861 Farrand Road, Colon, Michigan, 49040
Party affiliation: Republican
Are you an incumbent? No
Family: My father, Tom Miller, worked for decades as the Head of St. Joseph County Animal Control before retiring, and now works part-time in maintenance at Glen Oaks Community College, and continues to volunteer as a firefighter at the Centreville Fire Department. He and my mother,Gail Miller, still live in Centreville, and mom continues working as a Registered Nurse as she has for decades. My only living grandparent, Don Eby, still farms full-time here in St. Joseph County. All three have been strong influences on me, my siblings, and service above self is a core value. Four of my five living siblings live in St. Joseph County, and are active in their communities. My husband, Tadd Davis, is a fourth-generation business owner of Davis & Davis Insurance in Colon, and we have three children-Tucker (15), Tanner (13), Harper (12), and a full menagerie of animals including the kids’ 4-H projects of pigs, sheep, goats, rabbits, chickens, and ducks.
Background/Bio:
I was raised in Centreville and attended Centreville Public Schools from Kindergarten through high school graduation in 1999. I attended Western Michigan University, graduating with a Bachelor of Arts in Communication with a minor in Psychology in 2003. I attended Thomas M. Cooley Law School, graduating in May 2007, and took the July 2007 Bar Exam. I started my own private practice in Colon, Michigan, upon receipt of my Bar Exam results in November 2007. From then until March 2020, I built, managed, and maintained a successful, well-respected law office where I employed two support staff to assist me. I handled thousands of cases during those years, including criminal defense of misdemeanors and felonies and conducting two (2) Circuit Court jury trials where court-appointed clients were charged with murder. I also practiced regularly in family law cases such as divorce and custody matters, adoptions, and guardianships; along with real estate transactions, estate planning and administration, and business formation/contracts.
After the unprecedented mandates and closures in early 2020, I reduced my staff and caseload, and was sought out and hired part-time by the St. Joseph County Prosecuting Attorney’s Chief Assistant in June 2020. I was hired to assist with the backlog of felony preliminary exam files as the office was short-staffed by two (2) of the five (5) prosecutors usually employed full-time.
I continued part-time through the end of 2020, to assist with the transition from former Prosecutor John McDonough to first-time prosecutor-elect David Marvin. When a full-time Assistant Prosecutor position became available in early 2021, I was hired in as the Assistant Prosecutor entrusted with handling the most serious victim cases, including cases of Criminal Sexual Conduct, Domestic Violence, Assaults, as well as the majority of the District Court caseload of civil infractions and misdemeanors. As an Assistant Prosecutor from February 2021 to January 2024, I conducted the majority of the capital felony trials, and handled five (5) times the number of criminal jury trials as the elected Prosecutor.
What inspired you to run for St. Joseph County Prosecuting Attorney?
When I agreed to work part-time as a Special Assistant Prosecutor in June 2020, I had no idea how much I would end up enjoying this area of the law. I initially agreed to assist out of my sense of obligation to help my community and my desire to help my respected colleagues in the criminal justice system. My breadth and depth of excellence was the best use of my legal knowledge, tenacity, compassion, and dedication to community service.
As I excelled in prosecution, I realized that my full potential wasn’t being met in the role as Assistant Prosecutor and there were changes desperately needed in the management of the office and cases. Prosecutor Marvin nearly resigned within the first year, and repeatedly stated to the rest of the staff he “hated” prosecution and the departments/administration of the Court system.
Editor’s Note: We contacted David Marvin, who said that earlier in the day of Wednesday, July 31,, he had already non-seriously commented about moving to Asia or becoming a truck driver. “When people are in positions of insane stress, people say things. No, I’m not going to say that I said (what was claimed that I said). That’s somebody grasping at straws.”
Have you previously held public office, or have you served in a public leadership role? If so, what is your experience, and what are some of your accomplishments?
I have been elected or appointed to multiple leadership positions over the years, including 4-H Youth Council, the Commission on Aging Board, the St. Joseph County Grange Fair Board of Directors, Colon Kiwanis, St. Joseph County Bar Association, Children’s Law Committee of the State Bar of Michigan, Colon Athletic Booster Club, and along with my sister Beth Preston and trusted friend Robbie Hattan, we formed Magi Youth Sports, Inc., a 501c(3) non-profit corporation that provides safe, affordable, quality sporting activities to the youth of St. Joseph County throughout the year. I have coached various youth sports teams over the last 12 years, been a 4-H leader for the last 24 years, and been an active volunteer throughout St. Joseph County for numerous agencies and groups for countless hours over the past two decades.
I am currently the chairperson of the COA Board, a Fair Board Director, and a Director for Magi Youth Sports, Inc.
How long have you lived in the area you are seeking to represent?
I have lived in St. Joseph County my entire life, except for a few years when I lived in Kalamazoo, Michigan, while attending WMU and Cooley Law School. I moved back after graduation in Summer 2007, settling in Colon, Michigan, and raising my family, building my law practice, and investing in my community through volunteering with various civic organizations and programs.
In your opinion, what are the three most important issues to the area relative to the scope of your position, and why?
The three most important issues facing the prosecutor’s office right now are the lack of attorneys for staffing, weak enforcement of crime, and loss of public confidence and trust. The importance of having competent, dependable attorneys to have a fully-staffed prosecutor’s office is glaringly obvious. Without adequate numbers of licensed attorneys willing to put in the work, the office is failing miserably. Enforcement of the law is the basic cornerstone of an effective prosecutor’s office, without clear, consistent policies for enforcement there is turmoil and chaos. The trust and confidence from the public is important because they are the people prosecutors are supposed to serve and help protect. If the public loses trust and confidence in the prosecutor, they will likely lose trust and confidence in law enforcement overall. The judicial system depends on the trust and confidence of the public to function properly. We need citizens to be willing to report crimes that have occurred, participate in the investigation and prosecution, and also be willing to be impartial jurors for their fellow citizens.
What measures will you pursue to address those issues?
I will resolve the “staffing crisis” by instituting a simple, but effective plan to recruit and retain quality attorneys: pay them well, train them well, and treat them well. According to County Commissioners I spoke with prior to completion of budget negotiations in September 2023, there are funds available to increase the pay for the Assistant Prosecutors, but no one has asked. I brought this to the attention of Prosecutor Marvin at the time, along with detailed information regarding the budgets and pay of prosecution in comparison to public defenders. At that time, the lowest-paid prosecutor was only paid about $67,000.00/year and had been employed for four (4) years. That is less than 1/2 the salary of the elected prosecutor, and yet the assistant was more skilled in prosecution and conducted more trials than the elected prosecutor.
As the elected Prosecutor, I would advocate for fair pay for my employees and make the tough requests during budget negotiations. Once the pay issue is resolved, keeping quality assistant prosecutors would be accomplished by ensuring they have the tools they need to remain successful by encouraging and providing training for them as well as the law enforcement officers they work with, and the fundamental basic of treating the employees with respect. Employees that are respected are more likely to remain as part of the team, and encouraging a health work/life balance will help avoid the work “burnout” experienced by many attorneys during their careers.
A competent, efficient staff is key in addressing the issue of enforcement of the law. You cannot simply “work harder”, as there are more cases in St. Joseph County than can be handled with only of the attorneys on staff. The hierarchy of the prosecutorial staff has been compromised for the last 16 years. Prior to the election in 2008, the elected prosecutor was the attorney with the most knowledge, skills, and experience in prosecution. The prosecutor would select a Chief Assistant from a roster of qualified attorneys that had each been prosecuting for a significant period of time. The lower-level positions were staffed with the newer law school graduates or young attorneys, and they would hone their skills and work up the chain as they gained experience. They would then go on into private practice, or remain in the prosecutor’s office with increased pay through promotions. In 2008, John McDonough defeated the incumbent prosecutor while having only 3 ½ years experience as an attorney, all served as an assistant prosecutor. He became the youngest elected prosecutor, but he had a staff of highly-skilled, experienced staff including Chief Assistant Chuck Herman and Assistant Prosecuting Attorney Jeannette Jackson, who both remained with him for years.
The continuity of staff prevented collapse of the office for many years, until the foundation crumbled as the elected prosecutor struggled to recruit and retain assistant prosecutors. The issues resulted in the 2020 election year contested race between McDonough and Marvin.
Marvin won the election, and arranged for seasoned attorney Gary Gabry to come down from Kalamazoo County to be his Chief Assistant, bringing with him decades of prosecutorial and defense experience. To the contrary, Marvin only had a few short years of public defender experience after being in corporate law for a decade. Marvin entered his term in January 2021 as the least-experienced in prosecution and criminal law, remained that way for the majority of
his term, and remains the least-experienced on staff to this very day.
Editor’s Note: We contacted David Marvin, who said he spent 13 years in corporate law, from 2001-2014. In 2014, he began a private law practice, with cases including divorces, wills, and criminal defense. This practice continued until 2021. Asked about being the least-experienced prosecutor and criminal lawyer in the prosecuting attorney’s office, Marvin said it was an office of two individuals, himself and Chief Assistant Gary Gabry. Gabry, Marvin said, “has been here 13 years” and “is absolutely critical to the success of this office.” Marvin also said the “prosecutor is an administrative role.”
The hierarchy must be reversed by having the most-skilled litigator and leader in the position of elected prosecutor. Having a leader with knowledge, skills, and experience will allow the office to function in a healthy manner and promote confidence and continuity in the roster of attorneys so that St. Joseph County never finds itself in this “staffing crisis” in the future.
The correction of the root issue described above will naturally lead to the improvement of the issues of weak prosecution and lack of trust and confidence from the public. A strong, skilled prosecutor’s office is a prerequisite to strong, skilled enforcement of the laws. The elected prosecutor shouldn’t avoid trial by offering weak plea agreements, or failing to authorize cases with the excuse of lacking staff. These issues are what cause extreme lack of trust and confidence from the citizens. A prosecutor is a minister of justice, and should be skilled enough to be able to competently conduct a felony trial when appropriate, but also conscientious enough to determine an appropriate resolution to a case whether by trial, plea agreement, diversion, or at times a dismissal. By building a team of prosecutors that each have unique skills and abilities, encouraging teamwork and training, and fostering a healthy work environment, the public can be confident that they can live, work, and raise their families in a safe community.
What would you say is your leadership style, and how will you utilize its strengths in your position?
I lead by example, and my philosophy is that I should surround myself with people that are as motivated as I am to improve their skills so that our community is never without competent, dedicated legal representation in the prosecutor’s office. Each attorney has a slightly different perspective, which is key in having a balanced approach to charging cases through resolution of cases. My ability to listen to my colleagues and trust their opinions has allowed me to truly embrace “justice” in prosecution. I am also the type of person that wants to bring up those around me, instead of stepping on them to get ahead. I have a servant’s heart, a teachable mind, and a brave soul, which guide my ability to make rational, case-by-case decisions that are designed to ensure fair, even-handed justice for all.
How would you work to regain or maintain the public’s trust in the office of prosecuting attorney?
My ultimate goal is to provide transparency to the public as much as possible. We are all human, and no decision I make is going to be popular with every single person. However, I will strive to make decisions based on careful consideration of all available information.
Do you consider yourself a candidate with high personal integrity? If so, why?
I am the same person in public as I am at home, what you see is what you get. I was raised to make the right decisions even when it isn’t the popular choice, and to own my mistakes and learn from them. Although I cannot control what other people say or do, I can control how I react to it and how it affects me. These principles have guided me through my personal life and professional life, and being my true, authentic self has allowed me to experience growth through challenges and conduct myself in a way that I and my family can be proud of.
How would your administration as a prosecuting attorney differ from previous administrations?
As explained above, my administration will be framed like that of prior successful prosecutors like Bob Cares and Judge Jeff Middleton-the elected prosecutor will be a leader with many years of experience as an attorney as well as experience as a prosecutor. The prosecutorial staff will be comprised of a team of dedicated, motivated attorneys where there is a focus on creating a well-balanced, healthy work environment that promotes teamwork and mutual respect. The goal is to ensure continuity for St. Joseph County so that laws are enforced in a just manner and our citizens can have confidence in their judicial system.
How will you know that you’re accurately representing your community?
The community a prosecutor represents is a combination of not only victims and the general public, but also the accused. The rights of each segment of the population are equally important. Unlike criminal defense where the attorneys are expected to zealously advocate for their client, a prosecutor is to zealously advocate for justice.
Is there anything else your prospective constituents should know about you, your platform, your views, or your background?
Of all the candidates, I have the most experience in private practice as an attorney. This gives me an advantage in determining resolutions and weighing the merits of cases, as there are often complex situations within criminal cases that involve family law, property rights, civil law, etc. As an assistant prosecutor, I earned and maintained the respect of law enforcement by following through with cases even when they were challenging, and instilling confidence in the officers that their sacrifices and that of their families were honored and respected as they protect and serve their communities.
