Stories indexed with the term ‘recusal’

No Sanctions, But Stern Words for Worthy

Donald Shelton, chief judge of Washtenaw County’s 22nd Circuit Court, has declined to sanction Wayne County prosecutor Kym Worthy in connection with a motion she filed last year in the Neal v. Michigan Dept. of Corrections case.

Washtenaw County Courthouse at Main and Huron streets in downtown Ann Arbor.

Washtenaw County Courthouse at Main and Huron streets in downtown Ann Arbor.

However, in the course of oral arguments heard this week, Shelton appeared to indicate basic agreement with the points of the presentation given by Dick Soble, one of the plaintiff’s attorneys in the case, who had asked for sanctions against Worthy. The Wayne County prosecutor is involved in the case as an intervenor, and was represented during oral arguments by Donn Fresard, the Wayne County prosecutor’s office chief of staff. Sanctions had also been sought against Fresard.

Soble and other opposing counsel had asked for sanctions against the Wayne County prosecutors because of their motion for recusal of judge Timothy Connors from the case – a motion filed on Nov. 1, 2012, five days before the Nov. 6 election. Soble contended that the motion had no legal merit, and instead had political motives. The incumbent Connors was opposed in the race by Michael Woodyard, who works as an assistant prosecuting attorney in Worthy’s office. Connors prevailed in that election.

The oral arguments and Shelton’s ruling from the bench came on Jan. 16, 2013 at the Washtenaw County courthouse at Huron and Main in downtown Ann Arbor.

Despite his decision not to sanction the Wayne County prosecutors, Shelton had some sharp words for their actions. He indicated that if similar filings were to come before him again in connection with the case, he would not hesitate to impose sanctions. [Full Story]

Investments: Housing, Bridges, Transit

Ann Arbor City Council meeting (April 19, 2010) Part 2: In Part 1 of this meeting report, we focused on the city’s budget process, parking issues and the University of Michigan commencement exercises.

In Part 2, we wrap up other topics of the meeting. One common theme was capital investments in the community’s physical infrastructure of various kinds.

Michael Nearing city of Ann Arbor engineer

Michael Nearing, city of Ann Arbor engineer, was available for any city council questions on the East Stadium bridge project. (Photo by the writer.)

The council allocated a total of $313,000 for three different permanent affordable housing projects in Ann Arbor.

The city’s East Stadium bridge replacement project received discussion in the form of a resolution that authorized the city to go after state funding for the third time in the last three years. The anticipated construction start for fall of this year has been postponed until spring 2011 – the earlier date had been tied to the city’s application for federal funding, which was rejected this February.

The ongoing construction of the police/courts building, directly adjacent to city hall (the Larcom Building), received some tangential discussion in the form of an explanation from Roger Fraser about the recent closure of city hall due to elevated carbon monoxide levels. The police/courts building was also the subject of public commentary that prompted some extended remarks from the mayor – which were covered in Part 1 of this report.

Another construction project that will likely factor into the upcoming primary election campaigns is Fuller Road Station. The city-university collaboration to build a combined parking deck and bus station, which might eventually serve as a commuter rail station, was taken up during the council’s communications time. Christopher Taylor (Ward 3) and mayor John Hieftje both responded to some cautionary remarks made by Mike Anglin (Ward 5), which he made based on a recent park advisory commission meeting.

In business related to ethics and rules, the council voted on two occasions to excuse the participation of Taylor in a vote, because of a conflict of interest posed by his employment with the law firm Butzel Long. They also satisfied the requirement of a recent lawsuit settlement that they formally consider a rule about their use of government email accounts – by voting to remand consideration of the issue to council’s rules committee. [Full Story]

City Place Delayed, Downtown Plan OKed

Ann Arbor City Council meeting (June 15, 2009): The council covered a lot of ground at its Monday night meeting, much of it related to streets and transportation. Besides dealing with a raft of garden-variety street closings that generated some unexpected “controversy,” the council put in place a plan to delay the installation of some parking meters in near downtown neighborhoods, launched a safety campaign, and funded a bike path, pedestrian amenities and the city’s portion of a north-south connector feasibility study.

But it wasn’t the bike path that drew more than 20 people to speak at a public hearing. That turnout was for the adoption of the Downtown Plan. It was ultimately adopted as amended by the city’s planning commission so that the D2 buffer in the South University area is a small area in the southeast corner.

The expected vote on the City Place project along Fifth Avenue was delayed again after additional technical errors by planning staff were discovered related to the planning commission’s April meeting. That project will now start over with the planning commission public hearing.

Audience members who waited until the end of the long meeting heard Mayor John Hieftje appoint a subcommittee of councilmembers to meet with the DDA’s “mutually beneficial” committee to discuss the parking agreement between the city and the DDA.  In the discussion after the jump, we provide a record produced in the preliminary response to a Chronicle FOIA, which dates the renegotiation of the parking agreement to as early as September 2008 and connects it to discussions between the mayor and a candidate for the DDA board, Keith Orr, who was eventually appointed to the board.  The record shows that his appointment was not contingent on a commitment to a particular vote on the parking agreement. [Full Story]