Daily Briefs

‘Document dump’ by Flint water prosecutors leads to contempt finding


DETROIT (AP) — Michigan taxpayers will be on the hook for a financial penalty after state attorneys violated a court order by distributing protected documents in the Flint water prosecution.

A judge last Friday found Attorney General Dana Nessel’s agency in civil contempt.

The department “simply did a large ‘document dump’” without any meaningful review of the records, U.S. Bankruptcy Judge Thomas Tucker said.

What does a bankruptcy court have to do with efforts to pursue criminal charges in Flint’s lead-contaminated water?

Armed with a search warrant in 2019, prosecutors in the attorney general’s office obtained documents from computer servers controlled by other state attorneys who had represented former Gov. Rick Snyder in Flint water matters.

The search apparently swept up sensitive records from the Detroit bankruptcy, in which the Snyder administration played a key role, as well as attorney-client communications of other state officials.

The records, in electronic form, were then given to people charged with crimes in the Flint water scandal in 2021. Prosecutors claimed they had an obligation to share them with defense lawyers.

The attorney general’s office argued that prosecutors were unaware of orders protecting the bankruptcy documents.

Nonetheless, the “entire department at all times was bound to comply,” the judge said.

Tucker said the state must pay Snyder’s legal fees for raising the issue.

Snyder was among nine people charged with crimes in the Flint water scandal. But the cases appear dead after the Michigan Supreme Court said a one-judge grand jury cannot be used to file charges.

 

Applications being accepted for Court of Appeals vacancy
 

Applications are now being accepted for a seat on the Michigan Court of Appeals, 2nd District, to replace vacating Judge Elizabeth Gleicher.

To be considered for this position, applicants must be a State Bar of Michigan member who meets the legal qualifications for this office.  To be appointed, applicants must reside within the judicial district.

Judicial appointment questionnaire, writing samples, résumé, and supplemental documents must be submitted using the online portal at www.michigan.gov/ appointments and received by 5 p.m. on Monday, October 23.  Additional letters of recommendation can still be submitted after the initial submission to judicialappointments@michigan.gov.

Anyone with questions about the judicial appointments process can send questions to judicialappointments@michigan. gov.

 

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