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State senator faces decision about future

April 24, 2001

David Jaye may learn his fate today as his colleagues discuss his future in the state Senate.

Jaye’s future as a senator has come into question after he was jailed April 12 in Florida on charges of assaulting his fiancée.

Senate Majority Leader Dan DeGrow, R-Port Huron, who relieved Jaye of his committee assignments, will announce today his recommendation regarding Jaye’s most recent actions to the Republican senators at a caucus meeting. The meeting is closed to the public.

The recommendations will be open to debate among the senators.

“The decision is going to be up to (DeGrow) and his colleagues,” said Aaron Keesler, DeGrow’s press secretary.

Jaye, R-Washington Township, is scheduled to appear May 8 in a Florida court. He faces a maximum penalty of up to one year in jail and a $1,000 fine. He could not be reached for comment Monday.

Sen. John Schwarz, R-Battle Creek, would like to see Jaye leave more than his committee assignment.

“I asked him to resign,” Schwarz said. “It would the best interests of the Senate and is in the best interests of Senator Jaye.”

Other members of the Republican Caucus are not rushing to make a decision.

Mark Michaelsen, a legislative aide for Sen. Dale Shugars, R-Portage, said the senator is not making any judgments until after the meeting.

“He is still undecided. He wants to see where the evidence leads,” Michaelsen said.

Shugars also has dealt with colleagues who have had run-ins with the law.

In 1998, Sen. Henry Stallings, D-Detroit, resigned after employing a state worker in his art gallery and using public funds to pay the person.

Greg Bird, spokesman for Senate Minority Leader John Cherry, D-Clio, said the Democrats will not respond until the Republican Caucus has addressed the issue.

“They are the people handling that at this point,” Bird said. “We haven’t taken a position yet because they have not made their recommendations.”

The issue could have a wide impact - no senator has ever been removed from office.

“This is not a Democrat or Republican issue, it is a matter of the institution,” Bird said.

For Jaye to be expelled, it would have to be on a two-thirds Senate vote. Michigan lawmakers are expelled automatically if they are convicted of subversion or a felony involving a breach of public trust.

Republicans could recommend one of several actions. If they motion to expel Jaye, a committee of senators would be formed and a hearing would be conducted. The findings of that committee would be presented to the floor for a vote of removal.

They also could choose to formally reprimand Jaye.

Jaye said last week he would not resign.

This is not Jaye’s first run-in with the law. His committee assignments were previously suspended after he pleaded guilty to a misdemeanor for drunken driving in 2000. He served 35 days in the St. Clair County Jail.

The Associated Press contributed to this report.

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