Prosecutor won't handle cursing case

ST JOSEPH, Mich. (WOOD) - On Thursday, the Berrien County Prosecutor's Office declined to get involved in the case of a woman arrested for swearing in a court clerk's office.

Then on Friday, the contempt case was dropped altogether.

LaRue Ford was arrested on a contempt of court charge after cursing in the court clerk's office because she was frustrated about dealing with a ticket. She was jailed for 11 days and very nearly lost a job offer. She was released after the ACLU filed an emergency appeal on her behalf and her bond was reduced. Ford is now fighting the charge.

Thursday, the ACLU provided 24 Hour News 8 with a letter that says that the prosecutor has declined to handle the case.

According to the letter from Prosecutor Arthur J. Cotter to District Judge Dennis Wiley, the office of the prosecutor typically handles contempt citations as a courtesy to the court -- but not this time.

"After researching this matter, I have serious doubts over whether a contempt citation as alleged in this charging document can be legally sustained where the only allegation is that the defendant used profanity in a court clerk's office outside the direct presence of the judge," the letter reads in part.

"My office does not intend to appear at this contempt hearing nor prosecute this matter on behalf of the court," the letter goes on.

The court may order the county prosecutor to deal with the matter, the letter says, but Cotter believes this office is permitted to refuse that order.

The ACLU asked Judge Wiley Tuesday to remove himself from the case, but he declined. The ACLU now will ask the chief district judge to overrule Wiley and remove him from the case.