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Topic: How would you rate your Judge or Attorney?
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untanglingwebs
El Supremo

Kiertzner continued:

His boss Irma Chenevert has ha her own trouble. She spent 11 years as a magistrate here in 6h District Court in Detroit. Then in 2000, it came to an abrupt end. She was admonished by the Chief Judge for using her office reources to advance a slate of candidates running for several offices and was forced to resign. She could have been charged with a rime. Chenevert ran for judge in 2004 and lost in the primary. She paid hundreds of dollars in fines for late filing of campaign finance reports.

We recently followed her with hidden camera rolling, from the Flint courthouse , to a leisurely lunch, eating and reading her paperback novel. Then a stop at a Target store for a little shopping, and a K-Mart store where she came out with a few more bags, finally back to work 2&1/2 hours later.

Irma reports to Genesee County Judge Archie Hayman, who sources sy is her friend and helping her rehabilitate her reputation. But that was with her insider business under the radar of public scrutiny.
Post Wed Aug 31, 2016 7:52 am 
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untanglingwebs
El Supremo

Kiertzner contnued:

Chenevert still keeps her Detroit address here in the Riverfront Towers so she's eligible to be a Detroit Judge. And get this, during the week, she uses one of Judge Hayman's houses in Flint to avoid the long drive.

(wish had the interview Kiertzner did with judge Hayman)


Kiertzner addresses his Detroit audience:

Remember if Chenevert becomes a judge, she could be deciding your case, herein Detroit.

Her future on the bench is up to Governor Granholm. Her office says they don't discuss judicial appointments."
Post Wed Aug 31, 2016 7:58 am 
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untanglingwebs
El Supremo

On April 6, 2007 the Flint Journal writer Paul Jancewski wrote "City seeks new magistrate".

Genesee Circuit Judge Archie L. Hayman, chief judge of the circuit court and Flint District Court, said Magistrate Lynette Ward announced her resignation Thursday.

Ward was named magistrate in November after losing an election for a seat on the Flint District Court bench. Before running for Judge, Ward was administrator of the Flint District Court.

Hayman said Ward is resigning to enter private practice.

He said new attorney Trisha Raymond-Ponsetto has been named interim magistrate.

Anyone interesed in the position is asked to submit a letter o interest, resume and references by April 13 to Irma Chenovert, interim Flint District Court Administrator.....
Post Wed Aug 31, 2016 8:14 am 
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untanglingwebs
El Supremo

Flint Talk Forums View topic - Rough times for...
flinttalk.com/viewtopic.php?p=66978

Just days before Circuit Court Judge hayman remarried, he was hit ... the whole magistrate argument between Hayman and Ted Jankowski.

more controversy over Judge Hayman
Post Wed Aug 31, 2016 8:42 am 
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untanglingwebs
El Supremo

There is no middle ground for Marable. They love him or hate him.




Tables turned: Judge Herman Marable faces civil contempt of court charge
Print
Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on May 18, 2012 at 7:00 PM
12 shares

FLINT, MI -- The Flint Housing Commission wants District Judge Herman Marable held in contempt of court for his handling of a landlord-tenant dispute that lingered for months in his courtroom without a resolution.

Genesee Circuit Judge Joseph J. Farah is expected to consider the request, which Marable's attorney called a politically motivated attack on the judge, on Monday.
BE BE MARABLE 2[2].jpgHerman Marable
The request for a civil contempt finding against Marable is connected to an Oct. 7 Flint District Court complaint against a tenant at a public housing complex owned by FHC.

The Housing Commission said in court filings that it was attempting to evict the man after he damaged another tenant's vehicle, kicked and pounded on a door in the complex and threatened another tenant.

After a trial was completed in early December, Marable adjourned the case several times earlier this year without issuing a decision.

Court records indicate Marable said he was adjourning the case because he was waiting for a separate criminal case against the same tenant to be resolved.

FHC went into circuit court, seeking an order forcing Marable to decide the case, and Richard Yuille, chief judge of all courts in Genesee County, ordered Marable to issue a decision in the case on April 9.

Marable dismissed the case on April 9 after FHC attorneys failed to appear for a hearing date, a court session the FHC said it never received notice of until it was over, prompting the request that Marable be held in contempt of court.

Yuille disqualified himself from deciding the contempt question, saying it should be decided by a judge who was not involved in the earlier order.

Yuille has already written in that order that Marable was taking too long to decide the landlord-tenant case.

"It is particularly significant to this court that the trial was completed Dec. 1, 2011, and a commitment was made by Judge Marable to decide the case Dec. 19 ...," Yuille wrote. "That commitment is more than three months overdue.

"As of March 31, 2012, the landlord-tenant case has been pending 174 days -- about two months over guidelines."

The Flint Journal could not reach an attorney for the Housing Commission Friday.

Philip J. Thomas, Marable's attorney, said the case against his client amounts to "election-year politics."

Marable has filed election documents to retain his judgeship in Flint District Court, as has incumbent William Crawford. Two other attorneys -- Jill Creech Bauer and Glenn Cotton -- are challenging for those seats.

"Certain landlords perceive Judge Marable is being biased (in favor) of tenants," Thomas said. "They have a perception that's not really true."

"Somebody leaked this story to the media ... We're going to litigate the matter in court," he said.

Civil contempt of court most often happens when someone fails to adhere to an order from the court, according to the Web site Findlaw.com.

Unlike criminal contempt sentences, which aim to punish the act of contempt, civil contempt sanctions aim to either restore the rights of the party who was wronged by the failure to satisfy the court's order, or move a case along, the Web site said.


edgeoftown2
May 20, 2012

@Dtireman01 R U Kidding me.... I have been in Judge Marable's court room plenty of times. Guess What? The man is Doing an excellent job and he is fair! So I do not need to slap myself, but I will give a thumbs up for Judge Marable, and I will support his re-election.

weseeyou2
May 20, 2012

Hey, Landlords for justice, it is no surprise that you think all of the judges except Marable are fair. The fact is that the landlords have contributed heavily to all of their campaigns. I hear Judge Marable won't take that money. The cold hard fact is that you only want judges/elected officials that you can control and Judge Marable is not in the landlord's pocket. By the way, one of the judges you said is "fair"did not pay her tickets until days after the Journal article. Marable paid his before the article went to press.
If you are so concerned about revenue for the City of Flint why don't you get the landlords to pay for their rental licenses (required by law) and have the landlords pay all of their property taxes timely (also required by law), pay their water bills too (also required) instead of finding ways to beat or cheat the system. The fact is that the city of Flint went into decline when absentee landlords (who you refer to yourselves as investors) took over most of the housing from people who owned and lived in their homes. But lets really get down to reality here. It is ridiculous for you to link the decline of Flint to this one judge, he's not that powerful. If that is the type of argument you make in court no wonder you have problems.


Landlordsforjustice
May 20, 2012

I too have been in Judge Marble's courtroom and he is biased against landlords. I have wrote complaints to the Judicial Tenure and interviewed with their representative at his courtroom. It was rightfully determined that cases should be assigned randomly with the five 68th district court judges. In the past all landlord/tenant cases were decided my Judge Marable . His biased and unjust rulings is causing landlords to exit Flint area . The newest tax assessments being added to properties under Michael Brown , the lack of public safety , and the unjust rulings of Marable have caused this exit . Flint leaders need to understand that rental homesteads presently account for approximately 70% of the homes in the city limits . By running landlords outta business , it will have the same affect of General Motors exiting the Flint area . These landlords and renters still equate to a large portion of flint city tax base income . In closing , all other 68 district court judges are fair and unbiased , clearing their daily court dockets in a minimum amount of time .Judge Marable didn't pay his own parking tickets in addition to this to this contempt charge., These incidents alone should be a reason for removal from the bench . I encourage all Flint voters to retain Judge Crawford and support one of the other two candidates so that Judge Marable will be defeated.

havenhamilton
May 20, 2012

I read the comments by Good Government and Bert T and they are well thought out and reasoned. Most of the comments from those who proclaim themselves to be landlords here are crude, juvenile namecalling personal attacks. If these landlords have that type of attitude toward renters and the judge it is clear why they have trouble. People will respect you if you respect them. I have been in Marable's court and I have heard the horor stories of renters living in dangerous substandard conditions. I have seen the judge order the landlords to correct these situations, and the landlords dont want to spend the money to fix this poor housing. That is wrong. Sometimes you can tell a lot about people even when they are hiding behind screen names.

goodgovernment
May 20, 2012

I have been in Judge Marable's courtroom and heard about horrible living conditions, imposed on renters with children. Would you defend a landlord that takes a week or more to address raw sewage bubbling up into a bathtub? Would you defend a landlord that takes more than a week more to clean up the filth and smell? Would you tell the renter, who had to leave the apartment to bring water in buckets until the backup was addressed to pay rent they have withheld because they have been treated as less than human? Or, would you hold this landlord accountable?

Judge Marable is the rare judge that recognizes the rights of everyone who comes before him, renters as well as landlords.

Responsibility is placed where it belongs by this judge. I don't see how he keeps his cool and fends off the attacks from the landlords and their henchmen. Judge Marable is my kind of judge. I'm voting to keep him on the bench and I'm following this case very closely.

Burt T.
May 20, 2012

The headline here is seriously misleading, and very bad journalism. What happened is that a request has been made by an interested party for an investigation that might lead to charges. The headline, however, suggests that Marable already faces charges. The headline would have been appropriate if Marable had in fact been charged. "Tables turned: Judge Herman Marable faces civil contempt of court charge" suggests that he has, but he hasn't, and it is not very likely that he will, seems to me, since (I am sure) he understands perfectly well the timelines involved, and probably has a reason for moving the case along as he has. One gets the feeling that whoever wrote the headline has a personal grudge against Marable. I have no idea if that was the intention, but it sure reads that way. As I said, not exactly objective journalism.

helpusnow
May 19, 2012

I have been in his court room and he is an ignorant jerk. The comments he made while sitting on the bench were condescending, and baseless. I watched as he berated people and gave out his personal advice. He is a joke. If he represents the best of the legal minds in Flint, we are in a very sad situation. He wasted 45 minutes on a case that he clearly did not understand. He finally told the lady he could not make a judgement at that time but she could refile at a later date.

conniewhyte
May 19, 2012

You are right about Flint Housing. Flint has been killed by all the crooked and sleazy landlords. When I was young this was a city of homeowners. Now its a city of renters. These landlords don't keep their properties up, they buy these cheap houses, put bad tenants in them, and they dont register these rental houses with the city. These landlords frequently don't pay their property taxes and then abandon these eyesores leaving taxpayers holding the bag and paying to demo these houses. By the way, I have been in Judge Marable's courtroom many times, and he is respectuful, and unlike most other judges, he takes the time to get all the information before making a decision. I have seen him in action, and I think he is one of the best. It's interesting that you folks hide behind your little screen names and spout a bunch of garbage. Why don't you come into the light and expose yourselves.



edgeoftown2
May 19, 2012

It seems that this contempt of court request is grandstanding by the housing commission attorneys. If they had their case dismissed the remedy is to appeal the decision, or ask for reconsideration. It always seems that the Journal and Judge Marable's enemys make up flashy headlines during his election years, but at the end of the day the voters will have their say. When we have a judge that shows some judicial independence like Marable, certain powers that be don't like it. I would vote for Marable.


Helloyellowbrickroad
May 19, 2012

Is it election year for Judge Marable again? The slumlords, and his enemies, and the judges who don't like him always come out against him and throw mud and campaign money to his opponents.
The FHC is incompetent and so are their attorneys. The FHC has a contract with a law firm, not staff attorneys. I have seen their cases dismissed in court because they didn't have their paperwork right. How much federal money have they messed up over the years. They cannot even repair properties that they got big grant money to fix. Five little kids died in the projects off Carpenter Rd in one apartment because the FHC couldn't keep a working smoke detector there. Do I even have to mention the Howard Estates Boys case where a criminal gang operated in a FHC project for years right under their noses.



eleven
May 19, 2012

Marable should be sat down. He is biased against landlords, there is no doubt about that. I have had many of my cases adjourned for very flimsy reasons for the benefit of the tenants so they can continue their stay in my property without paying. I have written the Judicial Commission more than once about his conduct. Anyone that doubts what is being said should spend a day in his courtroom. He stays elected because he holds community functions and gives away scholarships, but Flint can and must do better than him!

john
May 19, 2012

Why does Flint accept these unqualified people to be their leaders.

Dtireman01
May 18, 2012

i agree whole heartedly with "offdahook" ive watched this man in his courtroom and was very disappointed in his manner or upholding justice, i found him to be very disrespectful and attention-seeking. He is , in my opinion, a black "JUDGE JUDY" and has no place on the bench. From his antic of depriving citizens of their rights to have their case heard, because they were not properly dressed (and they were) to his outright disrespectful manner and tone which he addresses those entering his court. It would definitely be in the best interest of flint if this man is removed from the bench.
Post Thu Sep 01, 2016 11:32 am 
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untanglingwebs
El Supremo

Judge Herman Marable will not be held in contempt of court, ordered to change ruling in case

Print Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com

on May 21, 2012 at 3:00 PM

FLINT, MI -- Flint District Judge Herman Marable will not be held in contempt of court but he must change his ruling on a contentious eviction case, a Genesee Circuit Judge ruled today.

BE BE MARABLE 2[2].jpg
The Flint Journal | File Photo
Herman Marable
A hearing was held today in front of Genesee Circuit Judge Joseph J. Farah to decide whether or not Marable would be forced to show cause why he should not be held in contempt of court on allegations that he violated a writ of superintending control from Genesee Circuit Judge Richard B. Yuille that ordered Marable to make a decision on an eviction case that had been in his court for months.
Yuille ordered that Marable had to make a decision on the case by 1 p.m. on April 9. However, records show that Marable did not dismiss the case until after the 1 p.m. deadline, Farah said.

The case revolved around the Flint Housing Commission's attempt to evict a tenant from one of its properties.

Proceedings against the tenant began in October 2011 and were eventually concluded in December, court records show. However, Marable failed to ever provide a decision on the case.

Bernhardt D. Christenson III, an attorney for the FHC, said the tenant has been living at the property rent-free for the past seven months.

On April 9, Marable ruled that the tenant did, in fact, violate his lease agreement. However, Marable dismissed the case against him because the FHC did not appear at the hearing and the tenant reported that a new rent calculation had been agreed upon.

"He attempted to comply with the order that had been entered by Judge Yuille," Marable's attorney Philip J. Thomas said.

Christenson, who accused Marable of being "openly biased against landlords," said his office never received the notice until after the hearing took place.

Marable also acted inappropriately, Christenson said, because he decided the case on information that was provided to him by the tenant after the case was heard in December.

"He's considering facts after the trial, which is improper," Christenson argued.

Farah questioned Marable's decision to consider the new information after the trial without taking the appropriate legal steps to add such information into the record.

"Where did Judge Marable get authority to do that?" Farah asked.

Farah also questioned Marable's "mysterious" intellectual exercises, in which the district court judge attempted to make a connection between the eviction case and an ongoing criminal case the tenant was charged in by declining to make a decision until the criminal case was resolved. The criminal case, Farah said, had no bearing on the eviction.

Since Marable did eventually dismiss the eviction case, Farah said he was not in contempt of court for violating Yuille's order.

If Marable would have had to face a contempt charge it would have been a rarity. Farah said he could not remember a contempt proceeding against a Genesee County judge.

However, the Circuit Court judge did say that Marable was incorrect in his ruling on the eviction case, saying that Marable was obligated to terminate the lease once the tenant was found to be in violation of the lease agreement.

Farah ordered that Marable reverse his decision and terminate the tenant's lease within five days of his order being finalized.

"There is no choice here," Farah said. "I'm taking it out of Judge Marable's hands."

Gary Ridley can be reached at 810-280-9516. You can also follow him on Twitter @GaryRidley or on Facebook.
Post Thu Sep 01, 2016 11:41 am 
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untanglingwebs
El Supremo

2nd Marable suit alleges judicial misconduct
Flint Journal August 23, 2006 Paul Janczewski

The lawsuit, filed by Attorney Kenneth Scott, alleged Marable denied due process to over 200 people by charging hem with contempt in court. Scott is the second attorney to file a lawsuit against Marable in a month.

Scott's lawsuit states that Marable charged 209 individuals with contempt and were denied due process. "Marable was both the complainant and the judge, which s against court rules", said Scott. Scott sated "his process and procedure ( in contempt cases) is a violation of law. He operates differently than any other judge",

Although Scott represented 13 of the 209,. he was seeking permission to add the other 196. While some paid fines , others were sent to jail. Other allegations in the lawsuit are that Marable did not offer those he charged with contempt with the legal representation that was required by law. Hayman wants the cases set aside or their fines reimbursed.
Post Thu Sep 01, 2016 3:44 pm 
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untanglingwebs
El Supremo

Troubling trend: When Michigan judges need disciplining
L.L. Brasier, Detroit Free Press 1:14 a.m. EST December 7, 2014
DFP Judges Behaving (Cool.JPGBuy Photo



Judges behaving badly prompts commission to hand out discipline, oust some from bench.
State has had several high profile cases of judges who break the law, don't follow rules
Experts say state judiciary may need better education, reminders on ethics
Four judges have been removed from the bench in last three years because of misconduct

They lied, stole, forged bank documents, padded expense accounts, drove drunk, slept with litigants and jailed innocent people.

Michigan judges have been in big trouble in recent years. The number of judges disciplined — about 35 per year — has not gone up, but the level of chicanery has soared.

Four judges have been removed from the bench and a fifth was forced to retire in the last three years. National experts who are watching the state's troubled judiciary say the trend is perhaps an aberration, but others say the state's judges need remedial education on judicial ethics.

Judges who have been disciplined in recent years range from a Wayne County Circuit judge who was carrying on an affair with a woman involved in a divorce case he was deciding to a Jackson County judge who dismissed traffic tickets against his wife to a Hudsonville judge who threw a defense attorney in jail for advising his client not to answer potentially incriminating questions.

The problems have even reached up to the state's highest court. Diane Hathaway, a Michigan Supreme Court justice, chose to retire from the bench in January 2013 rather than face removal as she was about to be indicted on a federal mortgage fraud charge. She eventually served nine months in a federal prison and was released in May 2014.



On Monday, proceedings will start to remove yet another Michigan judge from the bench.

Officials say Detroit 36th District Judge Brenda Sanders is seriously mentally ill, a danger to herself and others. Sanders, on the bench since 2008, wrote the U.S. Attorney's Office in Detroit in 2013 that her fellow judges were being murdered to stop them from revealing wrongdoing and that she, too, was in imminent danger. People were hacking into her phone and e-mail. Supreme Court justices had evicted her from her home.

A psychiatrist who later examined the letter for court officials said it showed classic symptoms of "psychosis" marked by "insane delusions" and warned that Sanders, who has been known to carry a handgun, could be dangerous.

Her attorney, Cyril Hall, in court filings, said the letter was meant to be private and that a psychiatric examination would show that she was not mentally ill.

Sanders has been suspended from her duties without pay. At Monday's hearing, the Judicial Tenure Commission will gather evidence and decide whether to recommend her dismissal to the Michigan Supreme Court, the only authority to remove judges.

"I think you can make the point that this is a troubled judiciary," said Charles Gardner Geyh, a professor of law at Maurer School of Law at Indiana University and a national expert on judicial ethics. "But there is a counterpoint to be made. Michigan is doing a fairly aggressive job of rooting out misconduct."

A message to all judges

Paul Fischer, executive director of the Michigan Judicial Tenure Commission, will prosecute the case against Judge Sanders.

Fischer said the number of complaints about misbehaving judges have remained steady, though recent cases have garnered much more attention, likely because they have involved titillating behavior like sex, theft and lying that ended up in headlines.

"It's been pretty steady the last several years, but it does seem like there's been more," he said. "I think people are paying more attention."

The Center for Judicial Ethics at the National Center for State Courts serves as a clearinghouse for judicial discipline and tracks misdeeds nationwide. Their records show that removing a judge from the bench is rare.

In 2013, only five judges were removed from the bench nationwide, and 17 resigned or retired in lieu of removal. Michigan, in just three years, has removed four judges and forced two to retire.

Cynthia Gray, the director of the center and considered one of nation's experts on judicial ethics, has been watching the Michigan judiciary with interest. "Perhaps in a year or so, it will be back to the typical thing, like drunk driving," Gray said. "When you take a snapshot, you sometimes get an aberration, and I hope, for the sake of Michigan, that's what this is."

The public punishment of judges may prompt those remaining on the bench to behave, she said.

"Part of judicial discipline is to remind them that people are watching, so whatever they might be struggling with, hopefully they resist."

Leslie Abramson, a professor at the Louis Brandeis School of Law at the University of Louisville, said the nature of the transgressions should prompt the state to look hard at how judges are elected and retained.

"Even if the numbers are stable, the nature and severity of what these people are doing would suggest a cultural problem," said Abramson, who lectures extensively on judicial ethics.

Noting Hathaway's forced retirement from the Michigan Supreme Court, Abramson said: "It sounds like a top-down problem and should prompt the question of whether there needs to be a cultural change, either through education, or a reminder that these people are held to a very high standard, and not just on what they do on the bench."

Others say that while the trend is troubling, Michigan residents should be encouraged by the prosecution of bad judges. "But for the discipline, some of this behavior might have continued," said Geyh. "I tend to see this as the glass half- full."

The 'black robe disease'

Judges, by the very nature of their work, are very powerful, and some get into trouble by wielding that power inappropriately.

Dennis Wiley, a district court judge in Berrien County in southwest Michigan, was publicly censured in 2012 after he found a woman in contempt and threw her in jail for 10 days because she muttered a profanity in the clerk's office while trying to take care of traffic tickets.

And Kenneth Post, a district court judge in Hudsonville, was given a 30-day suspension in 2013 after he jailed a defense attorney for advising his client not to answer incriminating questions.

Professor Abramson calls it the "black robe disease."

"It seems to be an affliction that overtakes judges perhaps because of the tremendous power they have," he said, noting that judicial canons require judges to be courteous to all litigants.

Michigan is not the only state with judges committing jaw-dropping behavior.

In Wisconsin, Supreme Court Justice Ann Walsh Bradley claimed fellow Justice David Prosser put her "in a choke hold" during a heated argument in her chambers regarding the timing of an opinion. A special prosecutor was appointed but brought no charges. The Wisconsin Judicial Tenure Commission recommended sanctions against Prosser, but the matter was dropped when three of the Supreme Court justices who had witnessed the altercation recused themselves.

And in California, two county judges were publicly censured in September in separate cases for having sex in their chambers, one with his clerk, and the other with two of his former law students. The state's Commission on Judicial Performance declared that Orange County Judge Scott Steiner and Kern County Judge Cory Woodward showed "utter disrespect for the dignity and decorum of the court."

Policing the judiciary

The majority of the state's 1,259 judges, magistrates and referees never face discipline. But once a judge breaks a law or violates one of the strict judicial canons that dictate behavior, they can face sanctions.

The Michigan Judicial Tenure Commission, made up of five judges, two attorneys and two citizens oversees the complaints, investigates and holds hearings. If the commission determines wrongdoing, it makes a recommendation to the Michigan Supreme Court. Sanctions can include a private censure, a public reprimand, paid or unpaid suspension, mandatory retirement or removal from office.

The process is secretive and often lengthy. The commission does not provide information about investigations or allegations unless they take action, and private censures are sealed. The commission is not subject to the Michigan Freedom of Information Act.

Critics of the system say citizens should have more access to complaints about judges. Michigan's secrecy prompted the Center for Public Integrity, a nonprofit investigative reporting organization, to give the state a failing grade in "judicial accountability" in a 2012 survey of states. Several other states received failing grades.

Michigan is among 39 states that elect their judges. Voters can be dispassionate if not outright uninformed when it comes to electing judges in Michigan. Once a judge wins election, it can become a job for life.

Judicial elections tend to be about name recognition and the special incumbent designation that sitting judges get on the ballot. And few practicing attorneys want to risk an election challenge against a judge whom they have to face in court regularly.

On occasion, voters will hold judges accountable. After Inkster District Judge Sylvia James was removed from the bench in 2012 for misusing public funds, including money meant for crime victims, she ran for her old seat in the following November election. But James lost to Sabrina Johnson, who was appointed by the governor to finish James' term and now had the incumbent designation.

Some states have tried to provide more citizen access and greater policing.

Arizona has a "judicial review commission," made up of mostly nonlawyers, that queries jurors, litigants, attorneys, court staff and witnesses about their experiences in front of judges. They then rate the judge as qualified or not and make the information public on the secretary of state website and in paid advertising. There are no studies showing the impact, but the experts say it likely keeps judges behaving.

"I would regard that form of accountability as reliable," said law professor Geyh.

Contact L.L. Brasier: 248-858-2262 or lbrasier@freepress.com
Post Sat Sep 03, 2016 9:45 am 
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untanglingwebs
El Supremo

From the Daily Judge

Embattled judge is subject of suit by attorney. "A local attorney[, Erwin F. Meiers III,] has filed a lawsuit asking that he not be required to practice before Flint District Judge Herman Marable Jr.[,] claim[ing] that Marable has shown a 'continuing matter of prejudice and bias' against him [and] 'treats people just horribly in his courtroom'...[The] lawsuit comes the same week Chief District and Circuit Court Judge Archie L. Hayman temporarily replaced Marable on the bench. Hayman said he made the rare move Tuesday to speed up Marable's caseload so they could have time to discuss what he called 'continuing problems' in the way Marable runs his courtroom...." More (Flint Journal 07.28.2006). Update. Judge Marable speaks out (ABC12 07.29.2006).
Post Sat Sep 03, 2016 2:29 pm 
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untanglingwebs
El Supremo

Here is how the white alt right view some of our Flint judges actions!


Torture Charges Reinstated for Black Beasts Who...
www.dailystormer.com/torture-charges-reinstated-for-black-be...

Aug 18, 2014 ... A judge has reinstated torture charges against two people accused of ... a ruling made by Flint District Judge Herman Marable during the pair's ...





Torture Charges Reinstated for Black Beasts Who Beat White Man to Death

M Live
August 18, 2014
-2c295b3478ace56b
David “Red” Pattinson practically had his head kicked off by the Black barbarians.

A judge has reinstated torture charges against two people accused of brutally beating a homeless man to death outside of a shuttered Flint middle school.

Genesee Circuit Judge Archie Hayman ruled Tuesday, Aug. 12, that he would reinstate torture charges against Peris Dorsette and Brandon Harris. The two are accused of killing 57-year-old Gary Nagy July 30, 2013, near McKinley Middle School, on the city’s south side.

Hayman made the ruling after Genesee County Prosecutor David Leyton’s office filed a motion asking the judge to reverse a ruling made by Flint District Judge Herman Marable during the pair’s preliminary exam.

“We believe the judge made the correct ruling in reinstating the charge of torture,” Leyton said following Hayman’s ruling.

Marable dismissed the torture charge in October 2013 after a lengthy debate between prosecutors and defense attorneys Michael Ewing and Jodi Hemingway.

“It’s not a charge you see very often,” Ewing said.

Ewing, who represents the 21-year-old Dorsette, argued the accusations levied against his client don’t meet the threshold for torture.

“I think that people confuse torture and terrible injury,” Ewing said.

Hemingway, who represents Harris, could not be reached for comment.
13186618-large
The beating was so bad that they are facing torture charges.

Police said Dorsette, Harris and two others were walking to get cigarettes from King’s Lane apartments sometime after midnight July 2013, when Nagy was attacked.

A witness told police the men were walking through the parking lot at the now-closed McKinley School when they heard a noise and saw Nagy sleeping under a dumpster cover, according to police. They allegedly began “taunting and teasing” Nagy about being homeless and asking why he was sleeping under a dumpster.

Words were then exchanged between Nagy and the group, police said.

Dorsette allegedly told his friends he “felt disrespected” and then began to kick Nagy in the head, according to police.

The 15-year-old Harris also joined in, police said. The beating lasted 10 to 15 minutes, according to court testimony.

Ewing said he was not surprised to see the charge reinstated, and he doesn’t believe the addition will greatly change the case against his client since Dorsette was still facing an open murder charge that could land him in prison for the rest of his life.

However, the addition of the torture charge allowed prosecutors to also reinstate a felony murder charge against the pair.

“It allows us to also reinstate the charge of felony murder with torture as the underlying felony,” Leyton said. “So, it’s an important step towards justice for the victim’s family and friends.”
13194980-small
Peris Dorsette is one of the murderers.

Ewing said the felony murder charge allows prosecutors a second chance to secure a first-degree murder conviction.

An open murder charge allows jurors the opportunity to return a second-degree murder conviction if they don’t find the suspects acted with premeditation. Second-degree murder is punishable by any term of years in prison or up to life with the possibility of parole.

First-degree premeditated and first-degree felony murder are both punishable by mandatory sentences of life in prison without parole.

“(Prosecutors) are using it as their insurance,” Ewing said of the felony murder charge.

However, even if the case goes to trial and jurors return a first-degree murder conviction against both suspects, Harris could still walk away without a life sentence.

Harris, who was 15 at the time of Nagy’s death, would be eligible for a specialized sentencing hearing after a 2012 Supreme Court ruling that deemed it unconstitutional for juveniles to face a mandatory life sentence without parole.

Gov. Rick Snyder, in light of the Supreme Court decision, signed a law in March that gave judges the discretion to sentence teen killers to life in prison or 25 to more than 60 years in prison following the sentencing hearing that often includes testimony on the juvenile’s upbringing, school record and criminal history.

Following the Supreme Court’s decision, four Genesee County teens have been convicted of murder charges that require the specialized sentencing hearing.

Below is a database that outlines each of the four teen’s cases:

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Post Sat Sep 03, 2016 2:36 pm 
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untanglingwebs
El Supremo

GENESEE FLINT . COM

Legal rights brand identity campaign in Family Law ( Divorce, Custody, support), Bankruptcy, community resource consumption and rights. " See Whats Legal"
Thursday, October 4, 2012
COVER UP FOR CANDIDATE 68th District Court in Flint,GLENN COTTON IN PLAY!

68th District Court Candidate Glenn Cotton target of an order by Genesee Probate Judge Jennie Barkey. 10/04/12."IT IS HEREBY ORDERED AND ADJUDGED THAT a bench warrant shall be issued for Attorney Glenn Cotton due to his failure to appear as ordered by this court on August 29,2012. The bench warrant was issued regarding Glen Cotton 10/04/12.

UPDATE 10/09/12 GOOD MORNING FLINT reported this public information last week. Yesterday Candidate Cotton informed Good Morning Flint there is no bench warrant as he was exiting Judge Barkeys Court Rom. The original artificia follows. The last entry of the Genesee County Probate Court still shows the following in this case at 5:30 am on 10/09/12.. 123 BW 10/04/2012 30405,BENCH WARRANT ISSUED REGARDING ATTY GLEN COTTON

Attorney Cotton is supported by some very powerful people in his bid to unseat two excellent District Court Judges Wiliam Crawford and Herman Marable. The story is the Judge issued the order. Do we have a right to knowwhy it was issued and why it was set aside?


This is the Judge Barkey ORDER 10/04/12

I am a blogger who happens to be a lawyer with Press Credentials and an active member of the Michigan Blogging Community.I am a past Flint Municipal Ombudsman and advocate of free speech and a free press. This is not new to me. I am not commercial medial. I am not neutral. Blogging is opinion.Here I am just distributing the public record.Concerning the Bench warrant for Glen Cotton the story is the bench warrant targeted at a lawyer who is also a candidate for 68th District Court. I do not support his candidacy and prefer others. It was conveyed to me this event was happening so to be accurate I walked to the court and obtained a copy of the Order from the Court. There is plenty of innuendo as to why the Judge issued the Order essentially for this attorney Cottons arrest but I am not speculating.

In the Honorable Judge Barkeys order was the following.

" This matter came to be heard before the Court for a Review and Evidentiary Hearing. Attorneys Craig Wright and Lawrence Acker appeared. Annie Lee also appeared. Attorney Glenn Cotton Failed to appear as ordered, and for the reasons stated on the record and with the Court being other wise fully informed in the premises."

IT IS HEREBY ORDERED AND ADJUDGED THAT a Bench Warrant shall be issued for attorney Glen Cotton due to his failure to appear as ordered by this Court on August 29,2012." [Incorrect spelling of Glenn in the order]


The Genesee County Web site titled Probate Public Access allows part of the probate record to be viewed by the public . In this case 10189584 I looked at the record. I have printed 30 pages from this source you should be able to do that also by going to the following link. http://www.co.genesee.mi.us/cgi-bin/gweb.exe?mode=5250&sessionname=probatenew

If you scroll to the end the last page the entry " 123 BW 10/04/2012 BENCH WARRANT ISSUED REGARDING ATTORNEY GLEN COTTON" I would call this public information that may impact voter opinion. Do the voters of Flint have a right to know about this? Should this have been kept quite until after the election?

The following are entry number on this public court record. They are numbered you can look at the ones I list for accuracy and the ones I skipped to double check me.

50-PET 11/22/2011 TO HOLD PERSONAL REP ANNIE LEE AND HER COUNSEL GLEN COTTON IN CONTEMPT OF COURT.

55-NOH 12/09/2011 12/15/2011 1500 NOTICE OF HEARING PETITION TO HOLD PERSONAL REP & COUNSEL GLEN COTTON IN CONTEMPT OF COURT.

68-ORD 3/12/2012 ORDER THAT GLEN COTTON AND ANNIE LEE ARE HELD IN CIVIL CONTEMPT OF COURT.

94-ORD 6/28/2012 SHAW CAUSE AND CIVIL CONTEMPT OF COURT CHARGE AGAINST ATTY GLEN COTTON IN THIS MATTER ARE DISMISSED.

117-OTH 9/06/12 REPORT OF PERSONAL REP BY ATTY WRIGHT.

121-ORD 10/04/2012 ORDER FOR BENCH WARRANT FOR ATTY GLEN COTTON.

123-BENCH WARRANT ISSUED REGARDING GLEN COTTON

---end 3:54 pm 10/05/12

124-10/05/12 RECALL OF BENCH WARRANT (BENCH WARRANT SET ASIDE)

Sphere: Related Content
Posted by Terry Ray Bankert at 1:02 PM
Labels: 68TH DISTRICT COURT, BENCH WARRANT, GLENN COTTON. GLEN COTTON CANDIDATE, JUDGE JENNIE BARKEY., PROBATE
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Post Sat Sep 03, 2016 2:51 pm 
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untanglingwebs
El Supremo

Ripoff Report | Genesee County Friend Of The Court Complaint ...
www.ripoffreport.com/.../Genesee-County-Friend...Court/Flint-Michigan.../Genesee-C...
Nov 8, 2004 - Genesee County Friend Of The Court Complaint Review: Genesee County ... to fraud me out of $1700.00 ,that I don't have, out of my checking acct. .... On October 5, the State of Michigan took every penny that was in my joint ...
Post Sat Sep 03, 2016 3:08 pm 
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untanglingwebs
El Supremo

Submitted: Mon, November 08, 2004 Updated: Mon, November 08, 2004
Reported By: — Flint Michigan
Genesee County Friend Of The Court
1101 Beach St.
Flint, Michigan
U.S.A.
Phone: 810-257-3300
Web:
Category: Family Services

Genesee County Friend Of The Court rip-off! They cleaned out my bank account for my husband's arrearage, now we are bankrupt! Flint Michigan
*General Comment: Did you ever get this resolved?

i read a posting on this site from a "Pam" in grand Junction, Michigan, and I wanted to post my own because it is extremely similar and I am hoping that enough of us complain, maybe the governor will make the appropriate changes to keep this from happening to many others!

On October 5, the State of Michigan took every penny that was in my joint checking account. My husband has been out of work since December, and the money in the account was my most recent paycheck and child support payment for my own two children from my ex-husband. All told, over $1,198.00 was taken, which was every cent we had. My husband does owe back support, but since he has been out of work, I was the one sending in support payments on his behalf. At the time that they did this, I had sent in over $1,004.00 in support since December.

We thought if we kept the Friend of the Court up to snuff on our situation and at least made an effort to pay, that we would be okay and as soon as my husband got a job, payments would definately resume as normal. We notified them, in writing, of our sitution and told the custodial parent, too. We even made sure my husband got a large share of the income tax return, so he could apply that to his support. Anyway, without so much as a letter or a phone call, they took everything. When we called the State to find out what was going on, they informed us that my husband had a bench warrant out for his arrest, too. We had NO idea any of this was going to happen.

We went to the Friend of the Court VOLUNTARILY to talk to them about the situation. I had made a deal with a man from the State Enforcement agency and he agreed that my own child support should not have been used to pay my husband's debt. He agreed to give all but $264.00 back to me, and I agreed. However, before the deal was "sealed", we went to the FOC to settle the bench warrant issue first. BIG MISTAKE. The lady at the Friend of the Court rudely refused to even let me come in with my husband to talk to her about the deal I made with the state guy.

She took my husband ALONE downstairs and basically told him that if he didn't sign over ALL the money out of our account, she would not lift the bench warrant, and he would be arrested. When my husband tried to tell her that the money wasn't his and that it was every cent we had, she told him, "You're telling me a bunch of stuff that has nothing to do with your kid." So basically, my husband signed off all of MY money or else he was going to jail. Does that sound like extortion or what???

Since then, we have had to file bankruptcy. My once good name and credit is totally ruined. To save our home and to keep a roof over our kids' heads, we had to file chapter 7. I was once a customer "in good standing" at my bank for 8 years, but now I have to charge off over $950.00 worth of bank fees and returned checks. My husband is having a hard time finding a job because of a bench warrant on his record. My old bank also called around to the bank where I had my name on my company's business account, and I had to have my name removed and go through the humiliation of my bosses knowing about my bankruptcy.

Despite the reasons, bankruptcy carries a stigma all its own. It says "loser", "bad checks", and "irresponsible". Oh, and to add insult to injury, the Friend of the Court sent me a letter last week saying that the last payment I had made BEFORE they cleaned out my account had bounced, and now I owe them that payment plus a $20.00 "processing fee". Isn't that just a hoot?

I notified the State Senator's office, and they took interest in my case, but then after talking with the head of the Friend of the Court, and to the caseworker involved, they told me there was nothing they could do. The caseworker basically lied and told the Senator's office that my husband had "insisted" that they take all our money. Yeah, right. I have now contacted the Genesee County Commissioner's Office, I have yet to hear back from them.

Everyone feels for my situation and thinks what happened is wrong, but no one can seem to do anything about it. Has the Friend of the Court gotten this powerful? Is there no "checks and balances" that even the President of the United States is held to? I hope it was worth bankrupting a family over a $3,000.00 support arrearage. I'd like to think that the family unit was worth more than that. Maybe I'm just in the wrong state.

Maureen
Flint, Michigan
U.S.A.
Post Sat Sep 03, 2016 3:13 pm 
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