Street Democracy, with Detroit Justice Center, ACLU of Michigan, Michigan State Planning Body, Legal Services Association of Michigan, and Criminal Defense Attorneys of Michigan, filed an amicus brief arguing that MCL 769.1k(1)(b)(iii) is unconstitutional — the same statute at issue in Johnson and Edwards. The brief raises the same core arguments: the law unconstitutionally assigns a legislative taxing function to judges, and it violates due process by creating a financial incentive for courts to convict in order to fund themselves.
The case is currently pending before the Michigan Supreme Court.