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untanglingwebs
El Supremo
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Local legal investiator and process server Patrick Clawson was interviewed in a Detroit free article over an Ingham County court case placed on a "nonpublic docket: and the judge wasn't even aware of the change. The article entitled"Lawsuit kept secret- and why is its own puzzle" was published on 2-11-2013.
"Secrecy is just a cancer in the Michigan justice system and the impact of this secrecy is to undermine justice and the public perception that theyr'e getting a fair shake in court.", was Clawson's remark. Clawson is said to be forming a nonprofit organization that will push for greater openness in state government.
According to the article Clawson stated it was impossible to know exactly how many cases are improperly kept from the public because the system lacks a way to look up these cases. The Free press quoted Clawson as saying "the public has the ability under Michigan court rules to submit a motion objecting to the sealing of records.' Clawson noted that a person first had to know the record has been moved to a nonpublic docket. |
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Tue Feb 12, 2013 11:38 am |
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untanglingwebs
El Supremo
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In this case the Ingham County Circuit Court Judge Paula Manderfield, who was preciding over the case, was unaware it had been moved to a nonpublic docket. When it was brought to her attention, judge manderfield moved it back into the public domain.
The casee is a lawsuit by Attorney Dean Altobelli against top attorneys at the Miller Canfield law firm. Altobelli, a former principal attorney for Miller Canfield, when suing other attorneys for the firm requested his complaint be filed under seal because of pleadings that fell under a confidentiality agreement. However, the jdge never signed an order authorizing the sealing of the case.
There are accusations that the Miller Canfield firm used their power and influence keep the case undisclosed. Altobelli's lawyer,James Fett, wrote the State Court administrative office and requested an investigation into how the entire case was sealed.
Miller canfield denies any accusations they asked the case be sealed. |
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Tue Feb 12, 2013 11:52 am |
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untanglingwebs
El Supremo
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Does this case represent a flaw in the manner in which some cases are handled? Both Clawson and Hershel Fink, the Free press legal expert, cited instances as far back as 20 years ago in which cases were improperly sealed.
The ingham County Court Administrator David Easterday indicated the case was a routine policy because the initial filings came with a request to be sealed. Easterday told the free Press that with sucha filing the pubnlic an't access the case even if they know the case number. He stated it required a Judge's order to move it to the public domain. After being contacted by te State Court Administartive Office, the county court administrators office claimed a clerical error, but Eaterday still defends the handling of the case.
Manderfield disputed the policy stating it required a judge's order to be nonpublic in the first place.
Even the State Court Administrator spokesperson, Marcia O'Brien, noted "wer'r not aware of any statuatory or coourt rule authority in a general civil case for it to be sealed in a way you so descibe.....". |
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Tue Feb 12, 2013 12:05 pm |
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untanglingwebs
El Supremo
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I have encountered this problem in the Genesee County Circuit Court. A friend asked me to locate an age discrimation case aginst Young Environmental. The case came up flagged as nonpublic. I fought to get the case opened and found a curious reason for the sealing of the case. There had been a condidential settlement and the Judge had witten on the case file something to that effect and the entire file was sealed.
In the past, the Flint Board of Education dealt with child molestors by having secret settlements and quietly sending the perpetrators on their way. Art Busch used the law on tolls to prosecute one such sexual predator after the man returned to Michigan from Florida. The toll stopped the statute of limitations from expiring. I am probably not explaining this well.
Allegations of another case have been floating around for some time. The minor involved in the incident said he would gladly speak out except he was under a "confidentiality agrrement" that protected the former School offial from exposure. I believe it is wrong to have the school system protect those who betray the public confidence and harm our children.
Other governmental entities settle injury cases and sexual harassment cases by including these confidentiality agreements. When it taxpayer funds paying these settlements, the publc has a right to know. |
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Tue Feb 12, 2013 12:16 pm |
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