[To watch a video of the sentencing, click here.] On March 23, 2021 at 9:30 a.m. Ann Arbor 15th District Court Judge Miriam A. Perry sentenced former Michigan state senator Mitchell L. Irwin on a single charge of domestic violence, a misdemeanor. Irwin is the father of Michigan state senator Jeff Irwin (D-Ann Arbor). Mitchell Irwin pled no contest. In pleading no contest, the defendant admits to the truth of the facts alleged in the indictment. Such a plea prevents a guilty plea from being used against a defendant in any subsequent legal proceeding.

In Michigan, a first time charge of domestic violence carries a maximum sentence of 93 days in jail and a fine of up to $500. Irwin, who appeared at the hearing via Zoom, sat in a darkened bedroom, his face obscured by a blue surgical mask. Judge Perry sentenced the 68-year-old self-employed, former state senator to 93 days in jail with credit for two days served. The judge then suspended the remaining jail time under the auspices of a sentencing agreement. Irwin was sentenced under the auspices of a Cobb’s Evaluation.

A Cobb’s Evaluation is unique to Michigan and often referred to as a Cobb’s Agreement. Simply put, a Cobbs Evaluation is plea bargaining that involves the participation of the judge. The prosecutor and the defense attorney agree on what charges the defendant will plead to. The judge will indicate if he or she accepts the plea bargain and what the possible sentence for the defendant will be (called a “preliminary evaluation of sentence”). In this case, County Prosecutor Eli Savit agreed to offer Mitchell Irwin a suspended sentence, rather than push for jail time.

In order to fulfill the sentencing agreement, Irwin is required to successfully complete six months of probation, undergo and pay for regular and random drug/alcohol testing, abstain from keeping alcohol in his household, refrain from being around others who use drugs and alcohol, and participate in therapy. He is restrained from harassing, stalking, or threatening his wife or anyone else. The judge ordered him not to assault Jennifer Eyer or anyone else, and to have only consentual contact with his wife. Irwin, who in Court records declared his income as $150,000, was ordered to pay fines and costs of $425 and a fee of $240 for probation oversight. He is also forbidden from possessing any firearms.

Jen Eyer is an Ann Arbor City Council member (D-Ward 4). On January 13, 2021 Court records released to the public show that Mitchell Irwin was arrested for “assault or assault and battery” against Eyer. He was released on a $5,000 personal recognizance bond. County Prosecutor Eli Savit has instituted a policy whereby most domestic violence perpetrators are expected to abide by no contact orders. One was issued to Mitchell Irwin.

Two weeks after his arraignment, records show that Irwin’s attorney scheduled a hearing to amend the terms of his bond. “Amend bond entered 1/13/21 as follows: Allow consentual contact with alleged victim – Jen Eyer (including children).” County Prosecutor Savit did not lodge an objection, and the request was granted by Judge Perry.

It was Eyer’s adult daughter who called 911 and who summoned police to the home, resulting in Irwin’s arrest and two-day stay in jail.

Prior to passing sentence, Judge Perry asked Mitchell Irwin if he had anything to say. He replied, “Well, Your Honor, I’m grateful to receive a deferred sentence and will fulfill all of the requirements dutifully.”

Irwin’s lawyer Joe Simon released a statement after the hearing in which the lawyer said: “My client deeply regrets this isolated incident. That evening, he drank in a manner that was out of character. He pushed his wife out of the way and she fell, and her daughter called the police. He apologizes and takes full responsibility. They are committed to strengthening their marriage and family.”

Eyer, when asked to comment, said Simon’s statement referred to her, as well, and declined to add anything. When asked to comment by a reporter from online newspaper Advance Michigan, Eyer similarly refused to comment, referring the reporter to the Executive Director of Washtenaw County Safe House, a shelter for battered persons and their children. At Irwin’s sentencing hearing, Eyer did not provide an victim impact statement which is always solicited by the Court, and taken into consideration when handing down sentence.

After sentencing, Judge Perry wished Irwin luck. Criminal justice research shows that luck will have nothing to do with whether Mitchell Irwin will succeed.

Research shows that in Michigan, 78 percent of those convicted of domestic violence crimes are white and 85 percent are men. Recidivism is high. Three-fifths of individuals convicted of domestic violence are rearrested within two years—and 67 percent of this group are rearrested for another domestic violence offense. While most of these offenders are age 35 or younger, a sizable minority are age 46 or above. Judge Perry sentenced Irwin to six-months of probation, including therapy. In California, all domestic violence offenders who receive a probation sentence participate in a one-year batter intervention program (BIP). BIPs have been shown to be effective in the reduction of recidivism as compared to traditional sanctions including arrest, probation, and incarceration.

Another potential way to curb the high recidivism rates for domestic violence offenders are restorative justice programs. Rather than a focus on just punishment for a crime (probation with jail time threatened), or even treatment for the offender (BIP), the idea behind restorative justice is to bring in the perspective of the victim and focus on the harm caused by the crime. The typical restorative justice program brings together victim and offender in a conversation, with a mediator or group of volunteers and supporters, to discuss how the offender can make amends and be held accountable.

At the March 23 hearing, Judge Perry scheduled Mitchell Irwin for a review hearing on April 21. At that time, she will hear from the Prosecutor, probation, review therapy progress reports, drug/alcohol testing records, review Irwin’s criminal record for any further complaints, and then decide whether to allow him to continue on with a suspended sentence. If Irwin fails to meet the terms of his probation, Judge Perry could immediately impose the jail sentence of 93 days with two days already served and a fine of up to $500.