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untanglingwebs
El Supremo
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Ted- you are correct about the District Court work load. There was an evaluation of the courts in Michigan an it was determined the Flint District Court needed one less judge. For whatever reason Granholm appointed another judge when we had a vacancy.
Kathy Dowd was a magistrate for the Republican County District Judge Donald Rockwell in Flushing before Goggins defeated him. Then she was an assistant Flint prosecutor before her appointment. |
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Mon Dec 28, 2009 11:15 am |
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00SL2
F L I N T O I D
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| 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. |
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Tue Dec 29, 2009 12:57 am |
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00SL2
F L I N T O I D
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quote:
Ted Jankowski schreef:
This has always been followed before. Just not with the appointment of Cynthia Favila-Terry.
Perhaps the other appointments weren't made by a chief judge from another court?
quote:
Ted Jankowski schreef:
I believe one issue is the need for a magistrate to handle appeals as required under law.
Magistrates can handle tickets and conduct informal hearings for tickets (without the defendant having an attorney). The "process" is governed by Court Rules. That's why the 68th District Court needs a magistrate.
quote:
Ted Jankowski schreef:
1 The case load is down
Are you referring to the number of cases handled in the 68th District Court, and if so, where did you get that idea? Just check with the clerks and they can verify how busy they are.
quote:
Ted Jankowski schreef:
4. The council was lied to about the process being in place and that it was all being done correctly. So the citizens will foot the bill.
Who lied? What exactly was the lie?
quote:
Ted Jankowski schreef:
I was concerned with Hayman's neutrality after he so publicly supported Stanley during Stanley’s recall. I did not approve of a judge being so publicly involved. | I agree that violates the Judicial Cannon. http://courts.michigan.gov/mji/wbt/ethics/mcjc.htm
Using your own link, please quote the portion of the canon(s) you feel was violated.
quote:
Ted Jankowski schreef:
Really, then why did he continue to lie about whether This City Magistrate was ever confirmed by City Council and finally admit she never was. My issues where never with Hayman, It was with the Terry’s.
What are your "issues" with the Terry who was appointed?.
quote:
Ted Jankowski schreef:
I won't bad mouth them (the land bank) because they aren't perfect. I prefer to praise them for being better than the alternative. So if people have criticism Please make it constructive as to How to help make it work better. I just can't bring myself to play the blame game when what they are doing and have done is far better than what was being done.
TED, WHY NOT GIVE THE JUDGE THE SAME CONSIDERATION AND BENEFIT OF THE DOUBT? He is a fair and honorable judge with an enormous amount of responsibility managing his own court and another which has such numerous problems. He has been re-appointed as chief judge of the 68th District Court which says he must be doing a good job. This man deserves respect. Please read MCR 8.110 referenced earlier to apprise yourself of what this responsibility entails. You may be surprised. |
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Tue Dec 29, 2009 2:53 am |
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Ted Jankowski
F L I N T O I D
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PPSL2
quote:
Perhaps the other appointments weren't made by a chief judge from another court?
I don't get what you're trying to say here. I guess I could produce the FOIA's on my site of all the other appointments my Judge Hayman Including the one that failed to be passed by Council of Mike Ewing. I don't understand what point you"re trying to make here? I'm thinking maybe some words are missing or the order of the statement isn't correct since it doesn't really make sense and I cannot figure out what you mean?
quote:
Magistrates can handle tickets and conduct informal hearings for tickets (without the defendant having an attorney). The "process" is governed by Court Rules. That's why the 68th District Court needs a magistrate.
Hmm Where did you get that? They can hand out fines, send people to jail Here read the appointment letter [url] http://www.tedjankowski.com/tedjankowski/hayman/ [/url] pages 1 thru 4. . and the MCL 600.8501
http://www.legislature.mi.gov/%28S%28i1va2c55jzrrvt455ugnu2rx%29%29/mileg.aspx?page=getobject&objectName=mcl-600-8501
quote:
Are you referring to the number of cases handled in the 68th District Court, and if so, where did you get that idea? Just check with the clerks and they can verify how busy they are.
Exactly, Check with the Clerks and ask them to compare the case load with last year. See what they find.
quote:
Who lied? What exactly was the lie?
The Administration (Williamson) and the DDA. They never properly set up the system for collecting parking fines or for them to be challenged in the court. Council was assured that this would be done before they approved the bond. From what I remember before the vote. That was one of the sticky points they wanted to be sure of before they voted to approve it.
http://courts.michigan.gov/mji/wbt/ethics/mcjc.htm#1
quote:
Using your own link, please quote the portion of the canon(s) you feel was violated.
Sure Cannon 2.C & 2.E How many judges do you know of anywhere that Own Bars? Or whose husbands have been quoted in the Flint Journal about problems at other bars but not his own. Doesn't that have some appearance of conflict of interest since his wife has judicial authority in Flint? 7) MICHIGAN LIQUOR CONTROL CODE, MCL 436.1703 and 436.1915;
http://74.125.95.132/search?q=cache:TXTYK9YhM8YJ:courts.michigan.gov/scao/resources/other/lao/LAO3a-model.wpd+in+accordance+with+MCL+600.8501+and+600.8503&cd=1&hl=en&ct=clnk&gl=us
And while I cannot find a direct violation of the Cannon on this one.. Wouldn't one think that allowing yourself to be appointed in a position that you know you do not legally meet the qualification for be some type of a violation of ethics?
My issues with the Terry's are they feel they are above the law. My Issues with Her appointment is based on her not following the LAW!
quote:
A person shall not be appointed magistrate unless the person is a registered elector in the district for which the person was appointed. Before a person assumes the duties of the office of magistrate in a district of the third class, the appointment of that person as a district court magistrate shall be subject to approval by the governing body
00SL2 I have no clue what point or suggestion you are trying to make from your last comment. I was up until the latest information I received giving Judge Hayman the benefit of the doubt. Once I have the new evidence in my hands I will become even more emboldened with my accusations. I will make that information public also. It just blows my mind what he was thinking. Although, I can kinda see why he might think that way. But, once I can make it public it will begin to make more sense to people.
oh and I read MCR 8.110 which I have never referenced because you put it up here and asked me to. I don't see anything there that would cause me to reflect upon his position or responsibilities. [/url] |
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Tue Dec 29, 2009 12:03 pm |
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dem_2008
F L I N T O I D
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| this is hilarious. this must be a joke. everyone HATED don williamson, and i get that. i am from flint myself, and i agree that he was awful. but you people finally elect a better mayor and yet you STILL whine, complain, and generally act like politically uneducated fools! if you want your city to be better, educate and discipline your children. flint community schools wouldnt be nearly as bad if they weren't filled with the reject offspring of parents who are too busy being wrapped up in their next "woe-is-me" campaign against the city officials. oh, and instead of crying on the internet all day you should probably get involved in community programs. i know mayor walling could get you involved in several if you contacted him. you can sit there on your butt all day whining in forums about how bad flint is and how awful its mayor is, or you could get out there and hit the streets to make the city better. the mayor doesn't make flint a bad city, its citizens do. |
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Tue Dec 29, 2009 7:39 pm |
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untanglingwebs
El Supremo
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Walling was not mentioned once in this thread so I don't what you are whining about. Since you assumed your moniker today I can assume you were just waiting to jump in with your whimpering azz self. You sound like that fool Pachuco in a new disquise.
If you don't like the site go somewhere else! |
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Tue Dec 29, 2009 7:54 pm |
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Ted Jankowski
F L I N T O I D
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| untanglingwebs Ya beat me to it. Obviously one of the Williamson cronies that is still upset he is gone. Must have lost their cushy job making 6 figures and not having to do anything except jump when the Don Barked. I'm not still complaining about Williamson. Only pointing out that there are still things that have to be fixed that he screwed up on. Hey, We are moving forward, Even if it has been a bit slow going from time to time. |
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Tue Dec 29, 2009 8:05 pm |
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00SL2
F L I N T O I D
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| Ted, while I very much appreciate all the time effort you've gone to in your detailed research, I just don't agree with your idea of publicizing and blasting errors that can be honest oversight. It could very well be that neither Judge Hayman nor Ms. Terry knew of the voter registration requirement, and overlooked the requirement for city council approval. You seem very willing to accept the less-than-perfect action or inaction of the Land Bank, but reluctant to give a benefit of the doubt to a respected circuit court judge who has been appointed by the Michigan Supreme Court to an additional two-year term as Chief Judge for the 68th District Court. With all the problems this city has, including the ones at 68th District Court, you could be a voice for positive action if you would move in that direction. Why couldn't you simply call Judge Hayman's office, state who you are, that you've just discovered these points while looking for a story, suggest it's been an oversight and ask if there's anything you can do to help move the process along. On the other hand, if the voter registration problem can't be resolved, then perhaps Judge Hayman and Ms. Terry can agree to withdraw her appointment. Honestly, Ted, you're wasting your wonderful talent trying to publicly expose these particular problems. I hope you will have a change of heart. |
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Tue Dec 29, 2009 9:25 pm |
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untanglingwebs
El Supremo
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Ted as a reporter you have an oligation to question Judge Hayman and allow him to give his viewpoint. Otherwise your position is prejudgemental and biased. Unless you are engaging in "gotcha" you need an explanation.
Hayman and council have had an adversarial relationship regarding the court. The court has had significant expenditures over their budget for years. If you remember the magistrate was an integral part of the movement to better enforce municipal code violations and fines.
The battles between Marable with Hayman and Perry have not helped. |
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Tue Dec 29, 2009 10:27 pm |
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Ryan Eashoo
F L I N T O I D
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Not everyone hated Mayor Don Williamson!
quote:
dem_2008 schreef:
this is hilarious. this must be a joke. everyone HATED don williamson, and i get that. i am from flint myself, and i agree that he was awful. but you people finally elect a better mayor and yet you STILL whine, complain, and generally act like politically uneducated fools! if you want your city to be better, educate and discipline your children. flint community schools wouldnt be nearly as bad if they weren't filled with the reject offspring of parents who are too busy being wrapped up in their next "woe-is-me" campaign against the city officials. oh, and instead of crying on the internet all day you should probably get involved in community programs. i know mayor walling could get you involved in several if you contacted him. you can sit there on your butt all day whining in forums about how bad flint is and how awful its mayor is, or you could get out there and hit the streets to make the city better. the mayor doesn't make flint a bad city, its citizens do.
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_________________
Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com |
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Tue Dec 29, 2009 11:15 pm |
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Ted Jankowski
F L I N T O I D
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As I stated before, Originally, Judge Hayman was not the target. And to say it was a simple oversight is rather preposterous. He has appointed other magistrates the proper way. I have not called his office but I have had others do so. His responses where not that it was an over site, not that there may have been a mistake made. The evidence shows that there was some ulterior motive.
When other Magistrates were appointed the process which he was involved in was followed. There was something different in this one. I'm looking at the fact She was his judicial law clerk for a number of years. This really looks as a favor to her. WHY?
It really seems silly to me that one in the legal profession would not know the qualifications for a magistrate. Espically understanding the the Judicial Law Clerk would normally be the one writing the Opinions and appointments for the Judge. You'd have to accept that in all the appointment letters that she has seen she never once read the qualifications. And next month when I receive more of the documented reasoning of the Judge It will dome clear who the person is that is trying the "GOTCHA" That's where this will take on a whole new twist.
It started as a campaign to remove a illegal magistrate.
Then by the Chief Judges reactions turned into looking into why he was animate everything was done properly.
To finally admitting there was an ulterior motive (not intentionally).
To the finally admitting the process wasn't followed which he knew all along but was denying.
Then to me now starting to question more of what he has been doing and me finding that there is more stuff going on down there that keeps getting swept under the rug. There is much more to come. After I get the JNROTC show completed. Then I'll be putting this one together with a few other items I have in question. Such as the reasoning behind Judges of the 68th District Court vs. City Council of the City of Flint. Case #08-90017PZ What was gained compared to was was offered. Relationships between judges and the Genesee County Landlords association, Where I have shown that an organization with under 500 members has the lobbying $$ of 4.5 million to put in the pockets of politicians. I wish I had some of their meetings on Video. I'm pretty sure they wouldn't appreciate my presence. But, they have changed their website since I mentioned on the show about some of the things they had posted there. It's a much better website now. Involvement with the DDA and other things that just seem to keep coming into question. |
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Wed Dec 30, 2009 1:04 pm |
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Ted Jankowski
F L I N T O I D
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00SL2, I got thinking about your statement.
quote:
I just don't agree with your idea of publicizing and blasting errors that can be honest oversight. It could very well be that neither Judge Hayman nor Ms. Terry knew of the voter registration requirement, and overlooked the requirement for city council approval.
I just wanted to add a little more. Originally, I was looking at it just that way. That it was possibly an over site. However, there are a few things one must understand to and look at to accept that premise.
Judge Hayman has claimed that because she has an office in Flint that this gives her residency. I know for sure the City Attorney approached him about it His response was sufficient. C'mon now, in the appointment letter After the first step of "receiving approval of the City of Flint" (Approval by City Council Which was never followed)
http://www.tedjankowski.com/tedjankowski/hayman/HaymenSignedAppointmentLetterPg1.jpg
Line 2 says (VERY CLEARLY)
Cynthia Favila - Terry
a. is a registered elector in the City of Flint.
Then if you look at letter "e" in line 2.
e. Has complete a training course in Traffic Law adjudication and sanctions
given by the State Court Administrator's Office.
This is different from the normal template which in stead of "Has completed" usually says "Will complete" Doesn't sound like a big deal right? However, if she "HAS COMPLETED" then lesson ONE of the State Court Administrator's Office class is to ensure that the person appointed understands what their qualifications are and that they meet them. Obviously no one questioned or required proof.
Secondly, you mentioned that He must be doing a good job because he was reappointed chief judge. Well that may be. However, Who is he accountable to?
He is not accountable to Me, You anyone in Flint. Yet the rest of the judges in Flint 68th district court are accountable to Me and You and the rest of the citizens. This shows he is more than willing to over step what legally able to do and do it because he is the chief judge for the 68th district court. Another appointment that belongs to a flint resident that is being given to someone outside the city.
And as far as case load
http://www.mlive.com/news/flint/index.ssf/2009/07/flint_judge_ordered_to_watch_o.html
In July is when she was appointed. Just when Judge Hayman cut Judge Marables case load. Seems a bit suspicious to me. It would appear to me that with a dwindling case load and no real need for a Magistrate he has fabricated a need. It is not a secret down there that pretty much most of the Flint judges cannot seem to play well with each other and Hayman and Marable are always seeming to be in the news.
Plus there were other things that were tipping me off that this wasn't just an oversight. When he was asked about her appointment He claimed she was a Temporary appointment. A couple of things to think about here.
She wasn't appointed my Judge Hayman as a Temporary Magistrate. (unlike the failed attempt to appoint Mike Ewing as a Temp Magistrate) [url]http://www.tedjankowski.com/tedjankowski/hayman/MichaelEwingFailedAppointmentByCityCouncil.jpg I [/url] http://abclocal.go.com/wjrt/story?section=news/local&id=6926066 I would provide what was submitted to the city for Terry, Except nothing was ever submitted.
If the appointment as he has said is temporary, because the Courts received a grant for a magistrate. Then why when the money from the grant ran out is she still a magistrate? Temporary last I knew meant that it is not permanent and saying that she is only there temporary because of a grant that has run out doesn't seem logical to me. |
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Thu Dec 31, 2009 3:29 pm |
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00SL2
F L I N T O I D
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Ted, while it's true registered voters have an opportunity to say yes or no at the ballot box, judges do not simply answer to voters at the ballot box, and we don't just file recall petitions if we're not happy with what they do. I'm suggesting that your TV program is not the proper forum for airing your complaint. Consider the following:
"In addition to its judicial duties, the Supreme Court is responsible for the general administrative supervision of all courts in the state. The Supreme Court also establishes rules for practice and procedure in all courts."
http://courts.michigan.gov/supremecourt/AboutCourt/msc_over.htm
2009-09 - Proposal to Require a Court to Submit a Local Administrative Order to SCAO When Appointing Magistrates and Referees
Issued: April 14, 2009
http://courts.michigan.gov/supremecourt/Resources/Administrative/2009-09.pdf
Administrative Order No. 2009-6 - File No. 2009-09
A Court Shall Submit a Local Administrative Order to SCAO When Appointing Magistrates and Referees
Issued: September 9, 2009
Effective: January 1, 2010
http://courts.michigan.gov/supremecourt/Resources/Administrative/AO2009-6.pdf
There was a comment period on the proposal before it was issued as an order, and you can read the comments by following the dropdown menu and links on the SCAO website. Consider the chronology on the documents you have, the news links previously referenced, and it makes one wonder whether there is a connection to the proposal. We are not always privy to the internal functions and issues concerning the courts and would be foolish to make ill-informed judgment. |
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Fri Jan 01, 2010 11:48 am |
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Ted Jankowski
F L I N T O I D
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| 00SL2 I have filed with the Judicial Tenure Commission and they basically said they weren't going to pursue it. When they refused to do their job Then I started going public. The whole judicial system is really nothing but a system of politics. It's not a System of Laws and rules that are enforced. Like so many of us Naively believe. Thank you for links I will check them out. Had the Supreme court and Judicial tenure commission done their job this would have all been handled quietly behind closed doors. I always try that approach first. Same with the council. I'll speak to council members privately and if they don't listen and then go ahead make the stupid choice publicity then i go go public. When the Judge and Ms. Terry were first approached about what they were doing. They immediately became defensive and began making up stories that didn't validate the proper procedure. They both knew the proper procedure. Their responses such as "She has a law office in Flint.. residency will have to adjudicated" Hmm No one said anything about residency. She has to be a registered elector. To that there was no response. That tells me you know it was wrong and your not going to admit it that you have a personal reason not a legal reason for the appointment. |
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Fri Jan 01, 2010 3:26 pm |
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untanglingwebs
El Supremo
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Ted- a friend of mine filed with the Judicial Tenure Commission against a Judge in Circuit Court and got no response. She researched other complaints and used what had worked in other instances. While they didn't acknowledge the complaint, she got a new judge.
In other words, there may be some action behind the scenes that you don't know about. |
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Fri Jan 01, 2010 9:16 pm |
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