As Michigan approaches the midterm elections, the race for the attorney general position has taken an intriguing turn. With current Attorney General Dana Nessel reaching her term limit, the election opens the door for new candidates. Among them is Jeff Polonowski, representing the Green Party of Michigan.
Jeff Polonowski, a retired pharmaceutical chemist, and current member of the Otsego Township Planning Commission, has entered the race at the behest of his son. His candidacy raises questions about the qualifications necessary to hold the position of attorney general, especially given that Polonowski is not a licensed attorney.
Interview Insights: Polonowski’s Motivation and Qualifications
Polonowski discussed his decision to run with Morning Edition producer Caoilinn Goss. Asked about his motivation, Polonowski revealed that his son, who is also a Green Party member running for a House seat, encouraged him to join the race. “The one that was open was attorney general. So he called me and asked if I would be willing to put my name on the ballot, and I agreed,” Polonowski explained.
Despite not being a lawyer, a fact he humorously admits with “Yeah, that would be a big no,” Polonowski insists that many duties of the attorney general can still be performed by a non-attorney. However, he acknowledges the limitations in court representation.
When questioned about his preparedness to manage a team of attorneys, Polonowski referenced his long tenure on the planning commission since 1988. He highlighted his experience dealing with state government interventions and zoning issues as relevant to understanding state-level legal challenges.
Priorities and Party Strategy
Polonowski’s priorities, if elected, would focus on transparency and serving all Michigan residents. “You’re the attorney for all people in Michigan,” he stated. He emphasized that decisions should align with the public’s best interests, not just individual departments or entities.
When asked why he chose to run for a litigation-centric role, Polonowski was candid: “I was asked to lend my name to the to the ballot.” He also expressed alignment with the Green Party’s evolving platform.
Legal Feasibility: Can a Non-Attorney Serve?
While state law permits a non-attorney to run for attorney general, the question of qualification remains. A spokesperson for the Michigan Secretary of State confirmed there is no explicit constitutional or legal requirement for the attorney general to be an attorney. However, historical precedent suggests otherwise.
University of Detroit Mercy Law professor Aman McLeod referred to a 1937 Michigan Supreme Court case, Attorney General ex Rel Cook versus O’Neill, which implies that being an attorney is an inherent requirement of the role. “A court would likely say that only an attorney could be the attorney general,” McLeod noted.
If a non-attorney like Polonowski were to win, McLeod anticipates a legal challenge through a quo warranto suit to contest the qualification. The outcome could lead to the office being vacated or filled by an alternative candidate, potentially appointed by the governor.
Editor’s note: Quotes in this article have been edited for length and clarity. You can play the full audio of this interview near the top of this page.
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