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Topic: 68th District Court Magistrate issue
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00SL2
F L I N T O I D

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.
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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
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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
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Post Tue Dec 29, 2009 1:23 am 
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untanglingwebs
El Supremo

Ted
OOSL2 is thorough maybe you should private e-mail him and not embarass yourself.
Post Tue Dec 29, 2009 8:56 am 
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untanglingwebs
El Supremo

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.


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 
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back again
F L I N T O I D

sanctions on marable???? Shocked

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Post Thu Feb 04, 2010 8:33 pm 
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untanglingwebs
El Supremo

Marable has been sent for retraining more than once and now only hears landlord tenant cases. According to Judge Hayman some crisis occurred in July.
Post Thu Feb 04, 2010 11:23 pm 
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back again
F L I N T O I D

wow, didn't know that. thanks.

_________________
even a small act of goodness may be a tiny raft of salvation across the treacherous gulf of sin, but one who drinks the wine of selfishness, and dances on the little boat of meaness, sinks in the ocean of ignorance.
P.Y.
Post Fri Feb 05, 2010 1:03 pm 
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Ted Jankowski
F L I N T O I D

WOW, I leave Michigan for a few weeks and I'm the center of all kinds of accusations.

I am rarely embarrassed so While I was soaking up the sun in Florida while Judge Hayman was making accusations about me in Council Meetings. I will Wait until I've had a chance to view and listen fully to the whole session before completely responding to his comments.

However, Since most people know I cannot just sit tight and wait.... Let me give you my initial response. Which is based on only, what I know! I haven;t heard everything that was said. So I do want to hear everything that was said before completing my response.

00SL2??? Which page did you see the address matching Pete Bades? I missed that. Good job on catching that if it's true. As I mentioned I''m in Florida and When I get back I'll look at all the hard copies. But, That is rather interesting. They must all be buddies with mr. Ewing. I wonder if that is the same address that other Magistrates have used in the past to have "registered elector" status in Flint?

OOSL2, Please help me here, As I read through the Court Rules and seem to somehow missed your explanation for how a Magistrate can be appointed without having to follow MCLA 600.8501 and how those rules cover it.

I would almost agree about the lack of SACO approval. Only does this mean you would agree that the Idea of the charter providing for a permanent police chief and Williamson never appointing a permanent one was following the charter? Ms. Terry has been working in that capacity since she was appointed. Which has been without City Council Approval and without having to follow MCLA 600.8501 Being a registered elector and Approved by the governing Body.

I am completely confused about this supposed back log of cases. Cases are and have been down in Flint Courts for the last two years? How can there be a back log? Flint Courts have a lower case load. Untanglingwebs Knows this also. However, I'll have some hard numbers for you soon. I'll post them when I have the actual. The numbers are due out soon. They have already been figured.

Your excerpts are nice, but I really fail to see how you've put them together to support what your saying. Everything I'm looking at points at the possibility (only my opinion here) that The Chief may be trying to dismantle the 68th district court and try to get it absorbed into the County District court. What I see is if you can cry wolf long enough and set it up to under perform than the state will combine it with the county. Or at the least Cut out another judge. Hayman's appointing of Ms. Terry, doesn't help the case loads it does more to harm the overall functionality of 68th district court.

untanglingwebs<><>



quote:
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


Didn't Scott Kinciad point out that it was the last budget year??? And if you consider that the Suing of the city council Left the 68th District court with less money in their budget than had they just settled? I don't see how this is a win for Hayman. Also Didn't Hayman mention something about not being able to get a grant from the State... Because we had enough judges? Then once he appointed her as a magistrate ... How much code enforcement has been accomplished since she was appointed.


quote:
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 Hudge further argued it was not necessary to seek permission for the court to enter into contractual relationships.


I've reviewed only two cases dealing with appointments of magistrates. In both cases which can be found with simple google searches. The outcomes always referenced that provided the requirements of 600.8501 Being an registered elector and approved by the governing body were fulfilled. Then the appointment was proper. So as long as the state mandated requirements where met of "registered elector" and "approval of governing body" Then he has authority to appoint.


quote:
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.

The Michigan supreme court doesn't do that? They may have approved it. But they didn't mandate it. This was his decision. It's his court, they let him run it the way he wants to. They won't step in and tell him how he has to run his courts. Which is just fine. But, it seems strange he would allude that he was directed to do this by the supreme court administrator.


quote:
"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.

True But when hiring a Magistrate he still has to follow the MCLA. Hiring his former Judicial Law clerk as the Magistrate. State Law governs Magistrates. Not Temporary employees. Unless they are a Magistrate!

[/quote]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.
quote:


LOL LOL LOL Let me add this to the above.


Marable has been sent for retraining more than once and now only hears landlord tenant cases. According to Judge Hayman some crisis occurred in July.[quote]
I've had Judge Marable on my show. I've hung out with him sometimes singing Karaoke sometimes not. We've been in the same place at the same time and spent alot of time talking together and sometimes Not more than two or three words beyond hello. As far as I know Josh and I have spent some evenings together for pizza or wings. But, Josh and Marable as far as I know haven't talked unless it was at a council meeting and I missed it. But according to http://abclocal.go.com/wjrt/story?section=news/local&id=6926066 Judge Marable doesn't See Landlord tenant cases. They are the ones complaining about only winning 95% instead of 100% when he was judging them. I'm just throwing a wild ass guess based on my opinion (I could be wrong).

I'll respond more directly once I've seen the whole council meeting. Which Hopefully someone will tape it so I don't have to FOIA it and pay the city for a copy of something that should be available online on the city website. So some of my opinions my change once I see the whole tape and am not responding to second had accounts. I look forward to returning to Flint. But not the cold.
Post Sat Feb 06, 2010 1:00 am 
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untanglingwebs
El Supremo

I am of the understaning that a special order was requested to bring Hayman in. I did not state anything that was not said in the meeting.
Post Sat Feb 06, 2010 11:02 am 
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1pissedoffguy
F L I N T O I D

I met Marable on a couple of occasions. Let's just say the man didn't impress me with his laser like legal mind. In fact he is a joke as a judge from what I have seen. He is typical of the problem here in Genesee County, where the incompetent are kept and the better choices allowed to slip through the people's fingers. I would have to say this case intrigues me. Let's see what develops, I am waiting to see what unfolds.
Post Sat Feb 06, 2010 9:25 pm 
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Ted Jankowski
F L I N T O I D

untanglingwebs I'm not saying you said anything incorrectly. I haven't listened to the tape. Only inaccuratecy I found is that judge marable no longer handles Landlord Tenant cases. I would venture to guess it is because of the the Landords not winning 100% of their cases. I sat in his court a couple of times. I was amased at the Landlords Attornies. That come to court unprepared then blame the judge for them loosing. Personally I would have found them in Contempt and thrown them out of the court room. I don't know how he puts up with it.

But I only sat in for two days. So i only seen about 9 cases and I didn't sit the whole day. I would reccommend others go and sit in on Court procedings. It is interesting.
Post Sat Feb 06, 2010 11:18 pm 
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untanglingwebs
El Supremo

i never said he didn't handle any cases. I too was confused as to the July crisis that made the other Judges clamor they were overworked. Perhaps two new judges contributed to the issue.

I too am concerned about the source of funding and have been alerted that the Judge may have been misinformed as to how money was made available. I am looking into it, but it may involve misfeasance of office on behalf of a city agency person.
Post Sun Feb 07, 2010 9:18 am 
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Ted Jankowski
F L I N T O I D

Please when you find out more let me know. I have someone taping the meeting today and I'll be listening to it soon. From what I've been told Originally, The Judge insisted that She was Confirmed by City council. Now he comes to City Council saying that Michael Townsend told he didn't need Council Approval. So right there I'm confused. According to 600.8501 She needs to be a registered elector and Approved by the governing body. He explained in his letter to Councilman Freeman and Pete bade that she had a office in the city and that it gave her residency. I'm confused. no one said a thing about residency. Now he is saying she is moving into the city. Go figure. It looks to me like the story is changing from minute to minute. But, I'll know more once I listen to the whole thing.
Post Sun Feb 07, 2010 10:50 am 
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Dave Starr
F L I N T O I D

Webs, Judge Hayman did say that the new Judges were part of the July problem.

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Post Sun Feb 07, 2010 10:58 am 
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Ted Jankowski
F L I N T O I D

Untanglingwebs,, I was always under the impression that She was being paid with a Grant? I'm wondering what happened to that story?
Post Mon Feb 08, 2010 11:34 am 
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untanglingwebs
El Supremo

Ted- the Judge said specifically she was paid from a lawsuit settlement. The only one I could think of is the Cox v Countrywide case.
The check registers show her being paid by the city of Flint (now that the check register is fixed).
A FOIA should show what account the check is being written from and what resolution and contract is in place. I believe she would have to be a contractual employee at least.
Post Mon Feb 08, 2010 9:19 pm 
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