- Cindy Darrah, Sandra Hines, and James Cole Jr. express their opinion of Judge William Collette’s decision on the Ingham County Circuit Court steps June 13, 2012.
Supporters of Detroit Corporation Counsel say judge ignored “rule of law”
By Diane Bukowski
June 14, 2012
Judge William Collette appears disgruntled from the beginning, as Asst. Corp. Counsel James Noseda presents his arguments June 13, 2012.
MASON, MI – “I never saw a situation like this before, where the Corporation Counsel operates independently of the Mayor and City Council,” Ingham County Circuit Court Judge William Collette said June 13 as he summarily dismissed Detroit Corporation Counsel Krystal Crittendon’s legal action against Detroit’s Public Act 4 consent agreement.
Asst. Corp. Counsel James Noseda argues Charter is rule of law.
“This is such an obvious situation,” he continued. “I saw it from the moment it happened. People just need to learn to live with this and move this ahead. I don’t know how anybody else can sue the state. Dave Bing is the mayor and he has the authority.”
Detroit’s Assistant Corporation Counsel James Noseda responded, “I object to having a motion for summary disposition decided this way, instead of on the rule of law.”
Earlier, he argued that the newly revised City Charter gives Crittendon the authority to take independent judicial action, under various provisions of Section 7.5 Chapter 2 as follow
Sect. 7.5 209 (1)
Atorneys for the state and for Mayor Bing argued that Crittendon had no authority to file suit on her own, based primarily on Section 7.5-203:
During his commentary, Collette referred to the fact that his rulings holding that Public Act 4 financial review teams should be open to the public have been overturned. His entire demeanor since those actions clearly had changed.
He never addressed Corporation Counsel’s arguments expressed in the complaint for declaratory and injunctive relief.
Corporation Counsel contended the agreement is void because the State of Michigan owes the City of Detroit at least $230.4 million in revenue-sharing funds, water and electric bills, and other outstanding invoices. Both state and city statutes bar contracts with entities in monetary default.
Collette’s only reference to those contentions was to scoff at a bill for state employees; parking ticket included in the invoices.
The state actually owes the City hundreds of millions more, due to the actions of Department of Human Services Director Maura Corrigan, who withheld federal funds for Detroiters’ emergency needs from the city’s Human Services Department, Two lawsuits filed by city workers from APTE an AFSCME are pending regarding her actions and plans to close and privatize the departments of Detroit Health and Wellness Promotion and Workforce Development.
On June 11, Wayne County Circuit Court Judge Wendy Baxter issued a temporary restraining order against the shutdowns of the three federally-funded departments. A hearing on that matter is to take place on Fri. June 22 in her court at the Coleman A. Young Municipal Center.
A busload of Detroiters organized by Free Detroit-No Consent and the Rev. David Bullock traveled to the hearing to support Crittendon’s action.
WWJ radio's Florence Walker interviews Rev. David Bullock after hearing.
Afterwards, Rev. Bullock denounced Collette’s ruling.
“[Judge Collette] decided based on his opinion, not the rule of law,” Rev. Bullock told reporters. “Since the rule of law is no longer going to be respected in our courts, I hope that the people of Detroit and other cities affected by Public Act 4 like Benton Harbor, Pontiac and Flint do not decide to be lawless as well.”
He predicted “a long hot summer.”
The group remained defiant after the hearing, holding up their fists and waving placards on the court house steps. As they stepped off the bus in Detroit, they chanted, “Free Detroit-No Consent.” They also called on people to protest at Bank of America Fri. June 15 at 4 P.M (see announcement above.)
Part of Free Detroit-No Consent busload remained defiant on Ingham County Courthouse steps after hearing.
For the hearing, Bing again retained the law firm of Miller, Canfield, Paddock and Stone, represented this time by Hogan. Their attorney Michael McGee, a co-author of Public Act 4 who continues to advise the Mayor and Council, hovered behind Hogan as he spoke to reporters.
- Bing’s attorney (side to camera) is interviewed as Michael McGee stands by; Rev. Bullock is at right.
Under terms of the Charter as cited above, their hiring should have been subject to Crittendon’s approval, as well as the consent agreement. Crittendon, as the attorney who officially represents the City of Detroit as a corporate entity, and its citizens, was completely kept out of the loop on those matters.
Contact information for Free Detroit-No Consent:
Call Free Detroit at 313-444-0061. Website at http://www.freedetroit.org/. Email info@freedetroit.org.
