January 25, 2019
By Ron Fonger
Flint -- Former emergency managers (click here) in Flint acted as officers or employees of the state before and during the city’s water crisis and lawsuits against them must be considered by the Michigan Court of Claims, the state Court of Appeals said in a decision Thursday, Jan. 24.
In the 17-page unpublished decision, the Appeals Court agreed with attorneys for Flint residents and property owners who sued officials including former emergency managers Mike Brown, Gerald Ambrose, Ed Kurtz and Darnell Earley in 2016.
In a consolidated appeal, the residents and property owners contended -- and the Appeals Court agreed -- that the Court of Claims had mistakenly dismissed the emergency managers from the lawsuits when they granted motions for summary disposition due to a lack of jurisdiction....
No other defendant in the State of Michigan had millions of dollars spent on private attorneys to defend them. $30 million dollars. If a defendant needs a court appointed attorney they have to qualify for one, not wait for legislation to pad their take from the state treasury.
These monies are in addition to their annual salaries. They aren't paying a dime of their salaries for their representation. Are the defense monies considered part of their salary? Are they paying taxes on those monies?
January 25, 2019
By Leonard N. Fleming
Millions in state tax dollars (click here) for the legal defenses of Flint water crisis defendants are in danger of being cut when the aid runs out this year, as Democratic Gov. Gretchen Whitmer pledges to ensure taxpayers "are getting their money's worth."
The specter of losing funding has the private-practice lawyers for the two highest-profile defendants saying the state should continue to pick up the tab because the water crisis happened under the state government's watch. The price tag is now $30.6 million and growing.
If state legal aid were cut off for the defendants, legal experts said it would pressure them to make deals with the special prosecutor — unless they have enough money to hire experts and mount a vigorous defense.
Republican former Gov. Rick Snyder convinced the GOP-led Legislature to foot the legal bills of the 10 state employee defendants who were involved with Flint's switch of water sources in 2014 and an associated 2014-15 outbreak of Legionnaires' disease. They included two high-profile health department appointees, Nick Lyon and Eden Wells, who were accused of involuntary manslaughter and other crimes.
Whitmer has raised questions about the legal funding for private defense attorneys, while Democratic Attorney General Dana Nessel has asked Wayne County Prosecutor Kym Worthy to review the legal cases.
Whitmer told The Detroit News last week that "of course I'm worried about" the "legal bills that were from activity that were not on my watch." But she said it's too early to say how she will handle the issue and is working with Nessel to figure out the answers.
"Unfortunately, there's no easy solution here," Whitmer said. "It's not easy, but I'm going to make sure that taxpayers are protected and are getting their money's worth and that people of Flint get the justice they deserve."...
