Giddings to retire from Ingham circuit bench: Will his seat be eliminated?

Judge James Giddings is retiring this year from the Ingham County Circuit Court, sparking a clash between county commissioners and the court’s chief judge about whether to fill the vacancy, reports The Lansing State Journal.

“It’s a terrible idea, because you’re going to have eight judges doing the work of nine. The number of cases doesn’t go down because you don’t have enough judges,” says Ingham Circuit Chief Judge William Collette.

Ingham County commissioners are looking at a projected $5 million budget deficient for 2011.

Debbie DeLeon, who chairs the board of commissioners, said the board has to look at all options when considering how to close the $5 million deficit. DeLeon said she found the savings of at least $350,000 “very appealing.”

Eliminating the judgeship would require state legislative approval.

Obituary: J. Robert Smolenski, 91

The Hon. J. Robert Smolenski, a former district court judge in Grand Rapids died in his sleep Friday, The Grand Rapids Press reports.

At 91, he was the father of 10, including Sara Smolenski, judge in the 63rd District Court, and her older brother, Judge Michael Smolenski, who died in May.

From 1969 to 1984, Robert Smolenski presided first at Police Court, which later became the 61st District Court.

“I think of him as being an integral part of the ‘fighting 61st,’ Sara Smolenski said. “Any other judges would tell you, it was grueling work, day in and day out.”

WZZM-TV in Grand Rapids reports that

Visitation for Judge J. Robert Smolenski is scheduled for Monday from two to four and again from seven to nine at the Metcalf and Jonkhoff Funeral Home in Grand Rapids.

Memorial contributions are suggested for Hospice of Michigan and St. Stephen’s School STAR Fund.

Goldsmith nominated for Eastern District judgeship

President Barrack Obama has nominated Oakland County Circuit Court Judge Mark A. Goldsmith for a seat on the U.S. District Court for the Eastern District of Michigan.

The Senate received Goldsmith’s nomination yesterday, along with three other nominations to district courts in California, Georgia and Louisiana.

Goldsmith has been on the Oakland County bench since 2004. He’s a former partner of Honigman Miller Schwartz & Cohn and past president of the Eastern Michigan Chapter of the Federal Bar Association.

Goldsmith is a 1974 Harvard Law School graduate.

A novel project

It has absolutely nothing to do with the law or with Michigan’s legal profession, but I can’t resist reporting on someone who is living the dream.

That someone is Court of Appeals Judge William C. Whitbeck, who has accomplished what more than a few reporters (and lawyers, for that matter) dream of – he wrote a novel.

And he says it’s good.

The book, “To Account for Murder,” will be published in November by The Permanent Press in New York. The story is based, though Whitbeck admits loosely, on the true story of the 1945 murder of then-Sen. Warren Hooper. His murder was never solved, but it is believed that he was killed by members of the Purple Gang to keep him from testifying to a grand jury investigating government corruption.

“I’ve always thought I had a book in me,” said Whitbeck, who before going to law school went to journalism school in the 1960s and interned at the Chicago Tribune. “Then I stumbled across this fascinating tale.”

In 1990, he officially started putting words to paper, trying to tell the story about what would happen if a senator was killed just as he began talking to a grand jury. Whitbeck put the novel aside several times when his day job took up most of his time.

But a few summers ago, he decided it was time to finish the book. His wife completely took over managing their household affairs, and gave him the time at night and on weekends to explore the world of his protagonist Charles Cahill, a soldier wounded in battle at Pointe du Hoc, a cliff overlooking the beaches at Normandy, and who after his return to the states struggles with alcoholism and post traumatic stress disorder.

The characters in his novel are fictional, mostly because Whitbeck said he didn’t want to be “trapped by what happened in real life, even though what really happened was fascinating. It’s a story about corruption in Lansing, and the prisons, and Republican politics.”

If there are any characters based on real people, he said one is similar to his own grandfather, who — Whitbeck paused before he finished his sentence, “Was a bootlegger. It’s pretty certain that he had been running hooch.”

“It’s a good yarn, a good story. On one level it’s about a loss. Charles Cahill lost his arm (in battle). He lost his father, and he’s about to lose the woman he loves,” Whitbeck said. “On another level, it’s about appearances, which can be deceiving. What looks honest may not be, and what looks terrible may be good.”
 
The book, Whitbeck said, went through six drafts, and yesterday as he was awaiting editor’s remarks, he said he fully expects it will undergo another substantial revision.

“That’s what I wasn’t really expecting,” he said. “When I finally finished the book I thought I was done. But I learned pretty quickly that you can’t just go out and find a publisher. First you need an agent.”

So Whitbeck fired off about 100 query letters to agents, and received five replies. He negotiated an agreement with one, who later told him that the mid-sized agency he works for receives 200 query letters per week.

Then, there’s the task of finding a publisher, which is no small task; Whitbeck said that he was told the Permanent Press only accepts submissions from five or six unpublished writers per year.

“Then, I have to sell the damn thing,” Whitbeck said. “Unless you’re a big author, when it comes to money for publicity or book tours, you’re on your own.”

Whitbeck has plans regarding his day job — at age 69 he is running for another term on the bench. But he will also market the first run of his book throughout Michigan. And then he’ll take the book tour into the rest of the Midwest, starting with Chicago, where he still has friends in the news world.

And somewhere in the mix, he admits, “I’ve got another book in the works, which I would describe as a legal thriller. I’m about 20,000 or 30,000 words into that. … I’m not sure where it’s going, but the bodies have started to pile up.”

Straight talk from outgoing Judge Buhl

A great profile of retiring judge William C. Buhl from the Michigan Messenger:

Retiring Van Buren County Circuit Judge William C. Buhl is a rarity among Michigan’s mostly reserved black robe set.

“When things bother me, I get tired of people talking and saying this is horrible and not doing anything about it,” he said near the beginning of an in-depth interview covering his frustrations with the state’s sex offender laws.
 

Klida appointed as Bay County District Court judge

Dawn A. Klida, a Bay County commissioner and partner in Lambert, Leser, Isackson, Cook & Giunta, P.C. has been appointed as judge of the Bay County District Court.

Klida’s appointment fills a vacancy created by former Chief Judge Craig D. Alston’s resignation.

Klida’s reaction, from The Bay City Times

“It’s obviously a tremendous honor (Granholm) would appoint me to this position.

“I served the constituents of the 4th District for over seven years as a commissioner and I’m looking forward to serving all the citizens of Bay County.”

Waterstone catches break from MSC

The Michigan Supreme Court has put the prosecution of former Wayne County Circuit Judge Mary Waterstone on hold.

She’s facing felony charges for allegedly allowing perjury at a drug trial.

The MSC’s order directs the Michigan Court of Appeals to decide whether Attorney General Mike Cox can continue as prosecutor in the case.

From The Associated Press

The Supreme Court’s decision Thursday postpones a key hearing set for Monday to determine if there’s probable cause to send Waterstone to trial.

Waterstone wants the attorney general’s office off the case because it represented her in a separate but related civil lawsuit. The appeals court must make a ruling by mid-March.

Former prosecutor Karen Plants and two suburban police officers are also charged in the case.

Of note: Justice Michael Cavanagh voted against considering Waterstone’s request to boot Cox from the case. Justice Maura Corrigan did not particiapte in the decision because she has offered to be a character witness for Waterstone if the matter goes to trial.

Ex-judge Waterstone seeks help from Michigan Supreme Court

From The Detroit News:

 A former Detroit judge wants the Michigan Supreme Court to review a decision that allows her to be prosecuted by the state attorney general’s office.

Mary Waterstone is charged with four felonies for her role in a Wayne County drug trial in 2005. She’s accused of allowing witnesses to lie.

Waterstone wants the attorney general’s office off the case because it represented her in a separate but related civil lawsuit. Three courts so far have ruled against her.

JTC recommends suspension without pay for 36th District judge

The Judicial Tenure Commission has recommended a 21-day suspension without pay for 36th District Court Judge Brenda Sanders.

The JTC determined that Sanders violated the state constitution when, shortly after being elected judge on Nov. 4, 2008, she filed to run in the special Feb. 24, 2009 Detroit mayoral primary.

Article 6, section 21 of the Michigan Constitution provides that a judge is ineligible for elected office, other than another judicial office, while a judge and for one year after leaving office.

The JTC also found that Sanders violated the Michigan Code of Judicial Conduct by acting as her own campaign treasurer during her mayoral candidacy.

The JTC’s “Decision And Recommendation” is available here.

The Michigan Supreme Court will have the final say on the matter.