House Felon

Soul-searching in Michigan

To his friends and supporters, Michigan Legislator Monte R. Geralds, 43, was a man who seemed well launched into a promising if modest political career. A decade ago, he was named Outstanding Young Man by the Junior Chamber of Commerce in his home town of Madison Heights, a Detroit suburb. Two years later he was elected mayor. The father of five and a practicing attorney, Geralds attracted attention by sponsoring a town ordinance that made parents liable to jail sentences or fines if their negligence contributed to criminal acts by their children. In 1974 Democrat Geralds parlayed his reputation for rectitude into a seat in the state house of representatives, which he won comfortably; he was re-elected two years later.

This week, however, Geralds will be sentenced on a conviction of having embezzled $24,000 from a woman who was his legal client. According to the charges, he used $13,000 to buy stock and $11,000 as a down payment for an office building. He faces up to ten years in jail. Last month his license to practice law was lifted for three years. Since then, Geralds' sole income has been his $24,000 annual salary as a legislator. But, unlike any other Michigan lawmaker convicted of a felony in the state legislature's 143-year history, he has refused to resign from the house. Says Geralds, who is also appealing the guilty verdict: "I know I'm creating an awkward, difficult situation. But I am innocent and I have a clear conscience."

Michigan's attorney general has ruled that Geralds' crime does not constitute a "breach of the public trust," as defined in the state's constitution. He is therefore not liable to automatic dismissal. The ruling means that Geralds' fellow legislators must take personal responsibility for his expulsion by a two-thirds majority of the 109-member house. It is a task that they -or at least his 67 fellow Democrats -approach with great reluctance. Says House Speaker Bobby Crim: "There is definitely sympathy for a man who has a family and where there is some question about his ability to support them."

Geralds' case has prompted soul-searching on the part of legislators, who have suddenly discovered that they are a very fallible lot. Another legislator, also a Democrat, has admitted to receiving $5,000 from a dog-racing promoter in early 1977, eleven weeks before introducing a bill to legalize that sport. He has been asked to resign, but has not done so.

After three days in which nothing else was discussed in the house, the lawmakers voted to put Geralds' case before a policy committee. That committee, which began hearings last week, has 30 days in which to draft an expulsion resolution for the full assembly. When polled informally, 73 members -the required two-thirds -say they would expel Geralds immediately. One factor in the minds of many is that this is an election year. Legislators fear that a failure to expel Geralds will rebound unfavorably against them at the polls. Says the house majority floor leader Joseph Forbes, "Fifteen or 16 swing seats are at stake."

And what will Geralds do if he is finally expelled? "I have decided," says he. "to run again." If he wins, Geralds will be home free. Michigan's constitution specifies that a house member cannot be expelled twice for the same offense. qed

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