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Topic: Was Judge Hayman asked to resign?

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untanglingwebs
El Supremo

This morning on the Mike Killbreath Radio Show he floated the rumor that Judge Hayman had been asked to resign and he refused. Allegedly it was over the issue of the Judge having ineligible dependents on his health insurance.

Killbreath also floated the idea that district Judge Newblatt would take over Hayman's seat to be replaced by Mike Rizik as a judge. I have been told that Rizik is a right wing right to lifer, which would meet Snyder's criteria.

Older politicians and attorneys described to me how political attributions mean more than credentials. It seems Behm got her appointment because she campaigned for Granholm. They said that is how she was able to beat out qualifiedcandidates when she lacked the credentials.
Post Fri Dec 20, 2013 10:47 am 
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untanglingwebs
El Supremo

This is not the first time this rumor of Hayman leaving and Rizik getting an appointment . Terry Bankert, on his Facebook Page alluded to upcoming changes and mentioned these names. Terry always seems a little cryptic and makes you follow the dots to where he is leading you. He did bring up both the names .
Post Fri Dec 20, 2013 11:08 am 
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untanglingwebs
El Supremo

I looked at the Judicial Tenure Commission page and only found two pending complaints and one recently decided case. Judge Hayman was not shown to have a complaint pending. Oddly all three cases come from the 3rd Circuit Court. In looking at the process even if a complaint was filed now, it would take several months or longer to decide.

The Honorable Sheila Ann Gibson agreed to her censure at her Michigan Judicial tenure commission hearing on 6-10-13. Her complaint was the result of a WXYZ-TV 7 investigation in which her arrivals and departures were monitored for 5 days.
Although she had early court cases scheduled, she arrived each day at nearly 11 AM to take the bench. She also left early on these occasions. However, her cases were not back logged and she was instrumental in some creative solutions to sentencing in drug cses.

The Judicial Tenure Commission found her:

*Disrespectful of her obligations;
*Guilty of judicial misconduct;
* She violated the Code of Judicial Conduct;
* She breached the standards of Judicial conduct;
*She created the appearance of impropriety.
Post Sat Dec 21, 2013 7:07 pm 
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untanglingwebs
El Supremo

Elisha Anderson of the Detroit Free Press reported on December 10 (1B) that the Judicial Tenure Commission recommended Wayne Circuit Court Judge Bruce U Morrow be suspended without pay for 90 days due to "multiple acts of misconduct."

Some of the cases cited included were:

* Morrow allowed a man convicted of Criminal Sexual Conduct with a person under the age of 13 to be released into the community without a bond. He refused to comply with the statute and gave no explanation. The Commission said his handling of the case was a "blatant disregard of the law."

*He did not allow the family of the victim in a 1st degree murder case to enter the court room.

*He did not make the sentence in a drunk driving case adhere to the required term.

*The Commission stated he placed those in his courtroom and the rest of the courthouse in danger when he removed a dependent convicted of violent crimes from lockup and took him to his courtroom for sentencing without a deputy or security in the courtroom. Although the defendant was facing a lengthy prison sentence, the judge returned hi to the lockup with security.

The formal commission complaint detailed 10 counts of misconduct. The commission appointed a Special Master, retired Oakland County Circuit Court judge Edward Sosnick, whose report cited misconduct in 2 counts. The Supreme Cort will hear the case next year.
Post Sat Dec 21, 2013 7:35 pm 
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untanglingwebs
El Supremo

The most publicized case before the Judicial Tenure Commission is that of Judge Wade H. McCree. He met Geniene la Shaw, age 30, when she came to his court seeking child support from her ex-boyfriend Robert King. Flirting turned into an affair that included sex in the Judges chambers and sexting from the bench. It is alleged he allowed her to enter the courthouse through the employee entrance bypassing security and allowed her to remain in his chambers when he was on the bench. They communicated by cellphone as she waited for him and the texts were entered in the case.

Although married for 25 years, the 57 year old Judge filed for divorce, gave Shaw a check from his mother's estate to help her secure a house and was photographed with her at a Wolverine game. When she became pregnant, the judge went to her OB GYN appointments, but later asked her to abort saying his wife demanded the abortion before agreeing to the divorce. He later went to the Wayne County Prosecutor and made claims that she was stalking him.


Last edited by untanglingwebs on Sun Dec 22, 2013 5:25 am; edited 1 time in total
Post Sat Dec 21, 2013 7:58 pm 
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untanglingwebs
El Supremo

Among the serious charges are allegations that Shaw and the Judge texted about what her ex-boyfriends punishment should be. He went to jail.

The Judge has been suspended without pay since February and he also received a $1200 fine and court costs after the 5 month affair became public. The Commission has recommended that the Supreme court remove him from the bench and suspend him for 6 years without pay beginning 1-1-15 even if he wins his 2014 election.

Paul Egan of the Detroit Free Press (12-11-13) quoted Michigan Tenure commission General Counsel Paul Fischer telling the Supreme Court that McCree "a liar and should be bared from the bench for years." Regarding his conflict in the Shaw case Fisher stated "He testified falsely under oath, saying that this was an oversight" when he was aware this was a conflict and he knew what he was doing.

Egan reported that Supreme Court Chief Justice Robert Young Jr. asked Fisher "Why should we prevent the public from exercising it's electorial judgement"

Fischer's response was "If the court finds a judge is unfit for office, winning re-election does not wash away the stain of that unfitness".

The decision from the Supreme Court for the man the Detroit news dubbed as the "Freak Judge" is pending.


Last edited by untanglingwebs on Sun Dec 22, 2013 5:27 am; edited 1 time in total
Post Sat Dec 21, 2013 8:20 pm 
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untanglingwebs
El Supremo

Hayman attended the Detroit College of Law. He became a 68th District Court Judge in 1995. Engler appointed him to the Circuit Court in 1996. He was named Chief Judge in 2004 and served in that capacity until succeeded by Judge Yuille. He ran unopposed in 2012 and hi six year term runs until 2019.

To remove him before 2019, a complaint must be made to the Judicial Tenure Commission. Following an investigation and a hearing, the decision will be given to the Supreme Court which will make the final decision. This is a lengthy process, so all speculation is a moot point for the time being.

There is no indication that Hayman has been or will be indicted on the insurance cases. He allegedly placed some ineligible dependents on his medical insurance. Michigan Supreme Court Justice Diane Hathaway resigned January 2013 after her indictment and conviction on bank fraud.


Last edited by untanglingwebs on Sun Dec 22, 2013 5:28 am; edited 1 time in total
Post Sat Dec 21, 2013 8:37 pm 
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untanglingwebs
El Supremo

Genesee County won't kick children off judge's insurance
Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on September 24, 2012 at 11:00 AM, updated September 24, 2012 at 2:48 PM

GENESEE COUNTY, MI -- Two children at the center of a lawsuit filed against Circuit Court Judge Archie Hayman will continue to be insured by the county -- at least for the time being.

County Board of Commissioners Chairman Jamie Curtis said today that officials will operate under the assumption that an affidavit of parentage signed by Hayman in 2011 is true and that a 13-year-old girl and 6-year-old boy are entitled to the insurance.

Flint attorney Denise Ketchmark filed suit against Hayman on Aug. 17, claiming she and the judge carried on a secret love affair for nearly two decades and that Hayman is the children's biological father.

The lawsuit claims Hayman should pay more than $4 million in child support and damages for neglect, abandonment and intentional infliction of emotional distress.

After the lawsuit was filed, Hayman's attorney said he and the judge are "real confident at least one of the children is going to turn out not to be his biological child."

If that's the case, attorney Jack Belzer said the children can't continue to receive the county insurance.

Belzer said Hayman believed the affidavit to be true at the time he signed it but said new information has come to light that has created doubts.

"If they are not his biological children, there's no decision for him to make" because the children would no longer be eligible for the benefits, Belzer said today.


Hayman claimed the children as his own when he signed them up for the county health benefits and "at this time there is no proof the children are not his," Curtis said.

"We're going to treat it as valid because of the petition he signed," Curtis said. "Until it's shown differently, we are going to continue to insure those children."

The county is not investigating the matter but is monitoring the civil case against Hayman to determine whether the insurance should be revoked, Curtis said.

Two years ago, an audit showed 150 county government employees had ineligible dependents receiving benefits and employees were given several opportunities to provide documents proving that those dependents were eligible.

The county eventually took away benefits from 40 children and spouses of employees who were collecting insurance they weren't entitled to but didn't discipline the workers.

Hayman is known for speaking out on the importance of men being responsible fathers, but Ketchmark's lawsuit claims he failed to support his two children with her, contributing a total of less than $5,000 to the children throughout their lives.
Post Sat Dec 21, 2013 8:52 pm 
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untanglingwebs
El Supremo

I have spoken to several people who indicate that rumors have been circulating through the legal community for 2 to 3 weeks. However, none seem ready to ready to dish out the details. If there is another reason for the rumors, time will tell.

There is some agreement that Newblatt is willing to move to Circuit Court.
Post Sat Dec 21, 2013 8:57 pm 
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untanglingwebs
El Supremo

Ted Jankhowski filed a Judicial Tenure complaint against Judge Hayman over a temporary emergency magistrate, The emergence came about when Judge Marable had his court limited and he was sent for retraining. The $6 million budget for the 68th District Court in 2006 was brought under control by Hayman. This was in 2009/2010 and there appears to have been o action taken. The temporary magistrate left for Arizona

-------------------------------------------------------------------------------------------

OOSL2
Ted, there are reasons Archie Hayman has been re-appointed by the Supreme Court to be Chief Judge for the 68th District Court for another two years. I hope you will do more in depth research before you do any more finger pointing. There are complicated issues with the 68th District Court, some of which you are aware. The 68th District Court is a district of the third class with six judges (http://www.cityofflint.com/68th/68th.asp), but only five are listed on their website: Crawford, Marable, Perry, Collier-Nix, and Dowd.

Here is another link of significance for you to check out:
http://coa.courts.mi.gov/rules Administrative Rules of Court; see Chapter 8, MCR 8.110, Chief Judge Rule. This rule seems to cover some of the concerns you have, and certainly covers the authority of the Chief Judge.

I just went to your website link to view the JPG files. The first page of Administrative Order 2009-02, Appointment of Attorney/Magistrate, reads "In accordance with MCL 600.8501 and 600.8503, and upon approval of the State Court Administrative Office (SCAO)..." Does the bottom of the document contain the SCAO approval and the date they signed approving? If not, I'd call it incomplete and still subject to approval of both city council and SCAO. How about supporting our judges and courts and bringing any oversights to their attention so they can be corrected?

One thing I found interesting is that the appointee has the same business address Peter Bade does (did). I didn't see this on your website.
----------------------------------
More references:

Budget cuts spark reorganization of 68th District Court; June 23, 2008
Excerpts:

District judges William H. Crawford II and Herman Marable Jr. will no longer handle criminal cases, leaving the criminal docket in the hands of judges Nathaniel C. Perry III, Tracy Collier-Nix and a visiting judge. | Crawford will focus on civil matters, while Marable will preside over disputes between landlords and tenants, small claims and other non-criminal matters. | The changes will allow the court to eliminate two public defender positions, saving about $1,500 a month. The court will also pool clerks rather than assigning them to particular judges. | Who wears the robes may not matter much to the public, but Hayman said courtgoers should prepare to wait longer for their cases to be heard when the changes go into effect July 1. | "The judges will be overworked and have a heavy docket," said Hayman, who as chief judge oversees Flint District Court. "There will be a slowdown." | The slowdown could get even worse if Gov. Jennifer Granholm waits to fill the court's pending judge vacancy.

Permalink:
http://www.mlive.com/flintjournal/index.ssf/2008/06/budget_cuts_spark_reorganizati.html
----------------------------------------------

Some Flint city employees told not to report to work as budget cuts trim workforce; July 11, 2008

Excerpts:

It's not only human resources that is affected. There also were 22 layoffs at the 68th District Court. The court would have to cut even deeper to reach the levels that City Council cut, but Chief Judge Archie Hayman said he's holding off on additional layoffs hoping for a budget agreement. If necessary, the court would have to sue the city to be funded at an adequate level, he said. | Hayman said one solution would be to reduce the $1 million that the county is charging the city to rent the court space and for security. Hayman said the city is overpaying the county. | Irma Chenevert, the court administrator, said there will be a slowdown. | "We are barely able to function at a serviceable level," Chenevert said. | She said five probation officers were laid off, eliminating the probation department, plus a magistrate and four other administrative positions. The rest of the layoffs were temporary or contract workers....

http://www.mlive.com/flintjournal/index.ssf/2008/07/some_flint_city_employees_told.html
------------------
Granhom taps Flint Assistant Attorney Cathy Dowd new judge for 68th District Court; August 8, 2008

Excerpts:

The Flint assistant city attorney was tapped Friday afternoon to become the new Flint District Court judge. | She has served as an assistant city attorney for five years following an 11-year career as a district court magistrate in Flushing. . . . | Her appointment by Gov. Jennifer Granholm is expected to become official on Monday and it comes at a time of turmoil for the district court. | Last month, more than 20 court workers were laid off and the probation department was closed because of deep funding cuts from the city. . . . | Dowd replaces Ramona M. Roberts, who resigned June 30, and will serve the remainder of the term that expires Jan. 1, 2011. Dowd said she will seek the retain the spot when the term expires. | Despite rumblings that the state Supreme Court will eliminate Dowd's position at some point, Dowd said she does not believe Granholm would have appointed her if there were plans to reduce the number of judges in district court. | "Cathy Dowd ... is an outstanding community volunteer. The governor knows she will serve the citizens of Flint well in this position," said Liz Boyd, Granholm's spokeswoman. | A graduate of Thomas M. Cooley Law School, Dowd serves on the board of directors for the Easter Seals of Michigan and is past president of the Women Lawyers Association of Michigan. She also is a former board member for Big Brothers Big Sisters of Greater Flint. . . .

Permalink:
http://www.mlive.com/flintjournal/index.ssf/2008/08/granhom_taps_flint_assistant_a.html
--------------------------------------
Genesee County District Court judges sue Flint City Council over budget woes; November 12, 2008
http://www.mlive.com/news/flint/index.ssf/2008/11/district_court_judges_sue_flin.html
--------------------------------------
On November 10, 2009 by Order of the Michigan Supreme Court, pursuant to MCR 8.110, IT IS ORDERED THAT the following judges are appointed as chief judges of the courts indicated for two-year terms commencing January 1, 2010. (from the list) 7th Circuit Court, Honorable Richard B. Yuille. 68th District Court, Honorable Archie L. Hayman. - [2009-01-CJ-Order-1.pdf]

Also: Flint Journal article:
Chief judges appointed for Genesee County Courts; November 6, 2009

Excerpt:
"During their two-year terms, chief judges serve as their court’s representatives in dealing with the public, the news media, the legal community, and other government agencies. They also oversee other judges and court staff, supervise caseloads and court finances, and set their courts’ hours and work policies"
http://www.mlive.com/news/flint/index.ssf/2009/11/chief_judges_appointed_for_gen.html
------------------------------------------


Post Tue Dec 29, 2009 1:23 am


untanglingwebs
F L I N T O I D


The Chief Judge of both Circuit and District Courts, Judge Archie Hayman, accompanied byDistrict Court Judge Perry, were at City Council committee last night regarding this issue. Ted Jankowski was not present.

Hayman and City Attorney Peter Bade just choose to disagree about the appointment of a temporary, emergency magistrate. It seems the court received money from a settlement against former Mayor Williamson.This is the money used to address the lack of a magistrate.

They just disagree. Peter Bade argued that in his mind the position had to come to council and the recipient had to live in the City if Flint. Ted filed a judicial tenure complaint against the Judge.

Hayman stated the law only addresses permanent full time magistrates. The current magistrate was approved by the court administrator of the Supreme Court and receives no benefits what-so-ever. He also attempted to communicate with the City of Flint and received a letter from Michael Townsend advising him it was not required to bring the matter to council. The Judge further argued it was not necessary to seek permission for the court to enter into contractual relationships.

The emergency came about after the budget was in operation and was created by the Supreme Court limiting the duties of one of the judges. Hayman has tackled headon the problem of overspending by the District court and returned $120k to the city last year. With 2 fairly new judges it was determined that something had to be done to alleviate the heavy case loads on some judges.

"As a Judge, I can hire temporary contractual employees by working with the state to address overworked judges. " Hayman noted much of his funding was taken away in the budget before the present one and he is merely doing the best he can.

Bade agreed the issue never was one of attempting to circumvent the law. Freeman insists the magistrate must move into the city and a resolution must come to council approving the appointment.

Since her funding is so tenuous, Poplar questioned the wisdom of requiring her to move into the city. Hayman sought a new attorney as an established attorney would not give up a practice to take on such temporary duties without benefits.

Freeman did not respond to Hayman's phone call, however he did respond to a letter from the Judge. Hayman was upset, according to Freeman, because Marable and jankowski were close friends. Freeman represents Jankowski, who lives in his ward, and the Judge suspected acollusion among the 3 to address the sanctions on Marable. Freeman insists it is the process he disagrees with.

Ted Jankowski Oct 10, 2013
What do you mean. It was a republican that appointed him! They did use him. He took over control of 68th District court and 10 years later SCAO had to come in and remove him as chief judge and install judge yuille. After fixing all the obvious problems with 68th district court. I believe the republicans used him to prove that 68th needed to be combined with the county. Which BTW is only my opinion, based on the stupid crap that has been allowed at 68th since he was appointed chief. But let me throw something else at ya. Anyone want to take a bet with me that Judge Hayman steps down soon and retires with some deal that keeps him from being convicted on further charges for the health insurance scam?? Any Takers?

Last edited by untanglingwebs on Sun Feb 07, 2010 7:56 am; edited 1 time in total


Post Thu Feb 04, 2010 2:33 pm


Last edited by untanglingwebs on Wed Oct 18, 2017 2:40 am; edited 1 time in total
Post Sun Dec 22, 2013 6:46 am 
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Ted Jankowski
F L I N T O I D

It's good to see that we all seem to be getting some of the same information out of the court.
Post Sun Dec 22, 2013 1:56 pm 
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untanglingwebs
El Supremo

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► Judge Archie Hayman of Flint, MI; moronic loser
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Judge Archie Hayman of Flint, MI; moronic loser

The state of Michigan presented Archie L. Hayman with a law license in 1985 after he graduated from Cornell University Law School.

In a February 2014 ruling, the Michigan Court of Appeals ruled that Archie abused his discretion when he found an attorney in criminal contempt of court for statements the attorney allegedly made in the presence of jurors who were eating lunch at Tom Z’s Original Coney Island restaurant.

Archie’s law clerk, Brian MacMillan, claimed he heard attorney F. Anthony Lubkin say “guilty” at Tom Z’s restaurant where MacMillan and another law clerk had taken jurors in a murder trial for lunch.

The appellate court ruled that there was absolutely no evidence to prove that attorney Lubkin attempted to influence the jury. The court went on to say, “There was no evidence that Lubkin knew a jury would be entering the restaurant.”

As usual, the taxpayers get hosed for the costs of an appeal to overturn Archie’s asinine contempt ruling.

As we speak (ca. April 2014), Archie remains sitting as a 7th Circuit Court judge in Flint, Michigan.
Post Tue Oct 17, 2017 2:57 pm 
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