Shelter case goes before judge

C and G Newspapers is reporting:

On Dec. 2, an Oakland County Circuit Court judge was to decide whether the city of Ferndale acted properly in allowing the South Oakland Shelter to move its administrative offices to a vacant church building in the city.

Judge Denise Langford Morris will hear oral arguments from both parties before determining the fate of a case that has stirred controversy in Ferndale since the beginning of the year.

The squabble escalated in May when a group of eight residents opposed to the shelter’s relocation — who formed an organization called the Zoning Integrity Protection (ZIP) Association of Ferndale earlier in the year to formally express their opposition — filed a lawsuit in circuit court disputing the city’s handling of the case. In April, the Ferndale Board of Zoning Appeals had voted to grant SOS permission to move into a 6,000-square-foot former school building at the First Baptist Church of Ferndale, 1841 Pinecrest Drive.

Report: Court hears 1st civil lawsuit against dairy in China tainted milk scandal

The mass tort industry hits China!

BEIJING — A court is hearing the country’s first civil lawsuit by a man whose child was sickened in China’s vast tainted milk scandal, state media reported Saturday.

At least six children died last year after drinking contaminated baby formula and more than 300,000 were sickened in one of the country’s worst food safety crises.

Parents and lawyers have reported pressure from government officials not to pursue lawsuits over the tainted milk, so the start of the trial Friday was seen as a breakthrough.

“Reported pressure from government officials not to pursue lawsuits.” Now that’s tort reform.

Bishop announces campaign chairs

“Senate Majority Leader Mike Bishop announced Monday Oakland County Executive L. Brooks Patterson and Michigan Republican Party Secretary Hank Fuhs will serve as the co-chairs for his campaign for Michigan Attorney General,” the State News reported.

Obama picks U.S. attorney for Michigan’s eastern district

“President Barack Obama has nominated Assistant U.S. Attorney Barbara McQuade to become the new U.S. attorney for the Eastern District of Michigan,” according to a story in The Detroit News.

“McQuade, 44, an assistant U.S. attorney with the eastern district for 11 years and deputy chief of the national security unit, was nominated this summer by Sens. Carl Levin and Debbie Stabenow to replace Stephen Murphy. Murphy was appointed U.S. District Judge in Detroit.”

 

Mary Beth Kelly criticized as her appointment set to expire

From the Metro Times, several Wayne County judges and departments are apparently displeased with the leadership of Chief Circuit Judge Mary Beth Kelly, whose appointment as Chief Judge expires at the year’s end.

Critics of Kelly — who came to the bench as an appointee of Republican Gov. John Engler in 1999 — sometimes characterize her policies as part of an effort by outstate conservatives to control leaders in the more liberal Detroit. They say some of her actions reflect the region’s longtime inability to come to terms with racial issues. She’s not making the correct, albeit difficult, decisions about how to effectively manage governmental operations with limited dollars, they say. And she should be stopped.

"I say Mary Beth Kelly has got to go," Detroit City Councilwoman Brenda Jones told one gathering held to "learn about the injustices taking place in our court system."

Defenders in the story call her fair-minded and say that her biggest problem is that she “came to power in an unusual way.

Right and Left Join Forces on Criminal Justice

From The New York Times, an interesting story about liberal and conservative groups that agree that law enforcement agencies are going too far.

In the next several months, the Supreme Court will decide at least a half-dozen cases about the rights of people accused of crimes involving drugs, sex and corruption. Civil liberties groups and associations of defense lawyers have lined up on the side of the accused.

Edwin Meese III, a former attorney general, once referred to the American Civil Liberties Union as part of the “criminals’ lobby,” but on this issue, he says, he is willing to work with the group.

But so have conservative, libertarian and business groups. Their briefs and public statements are signs of an emerging consensus on the right that the criminal justice system is an aspect of big government that must be contained.

The development represents a sharp break with tough-on-crime policies associated with the Republican Party since the Nixon administration.

Attorney who investigated Judge Steven Servaas will not face Discipline Board, grievance panel rules

From The Grand Rapids Press:

The state Attorney Grievance Commission has ruled that Judicial Tenure Commission Executive Director Paul Fischer does not have to face a disciplinary panel for his investigation of Kent County District Judge Steven Servaas.

In a terse pronouncement Nov. 17, the grievance commission reviewing a complaint against Fischer ruled “no further action is warranted.” As required in such cases, it gave no indication why.

More than a dozen prominent local lawyers, including former presidents of the Grand Rapids Bar Association, filed a grievance seeking sanctions against Fischer in July 2008. The attorneys alleged Fischer tried to extort Servaas’ resignation.

The grievance commission evidently did not agree.

Macomb cuts rile prosecutor

From The Detroit News:

A battle over the budget turned ugly in Macomb County on Tuesday as the prosecutor vowed to sue over cuts he says will cripple his department’s ability to keep offenders off the streets.

The county board’s budget committee on Tuesday approved reductions for Prosecutor Eric Smith and Sheriff Mark Hackel over the vehement objections of both.

"We’re looking at chaos," Smith said. "Some of our prosecutors are handling over 100 files in some district courtrooms. That’s not adequate representation for the victims of crime in this county."

Defense lawyer in ‘Billionaire Boys Club’ scheme indicted

 

From The Detroit News:

The attorney representing the Brighton businessman accused in an alleged $53 million "Billionaire Boys Club" Ponzi scheme has himself been indicted for a criminal investment fraud scheme.

Gregory Bartko, the Georgia attorney representing John J. Bravata, his wife Shari Bravata, and his son Antonio Bravata on civil fraud charges brought in Detroit by the U.S. Securities and Exchange Commission, is named in a six-count federal indictment handed down in North Carolina, according to court papers filed today.

Bartko, 56, along with a California man, are accused of running an interstate scheme to profit from the fraudulent sale of investments starting in 2004. He faces charges that include conspiracy, false statements, obstruction, and mail fraud.

Ambassador Bridge owner to sue MDOT

From The Detroit News:

The company that owns the Ambassador Bridge said it intends to file a lawsuit against the Michigan Department of Transportation that accuses it of deliberately delaying the opening of ramps from Interstates 75 and 96 to the bridge.According to the Detroit International Bridge Company, MDOT’s delaying tactics are forcing residents of southwest Detroit to put up with thousands of trucks driving on local surface streets instead of a direct route from the freeway to the Ambassador Bridge.

The suit will apparently be filed today.

UPDATE: It’s been filed. [HT: Crain's Detroit Business]