Divided Supreme Court rules for Servaas

August 6, 2009 · Filed Under Top News Stories · Comment 
A GOOD FIGHT—Rockford Judge Steve Servaas refused to sign a letter of resignation presented to him under threat of public humiliation.

A GOOD FIGHT—Rockford Judge Steve Servaas refused to sign a letter of resignation presented to him under threat of public humiliation.

‘JTC put the cart before the horse’

by BETH ALTENA

“This court has no duty to accept, even in part, any Judicial Tenure Commission (JTC) “decision” because the JTC does not have the power to decide how and whether to discipline a judge…”<

Those words summed up much of the majority opinion from the Michigan Supreme Court over whether Rockford Judge Steve Servaas has vacated or been removed from his office.

Nineteen months after  Servaas was told he must resign or face public humiliation, the Michigan Supreme Court has ruled he will keep his position of 35 years.

The 91-page ruling was released after the judges made public their decision at 11 p.m. Friday, July 31, the last day they had to come to a decision. It said the JTC had “put the cart before the horse,” in acting as if it had the authority to oust a sitting judge.

It is the end of over a year-and-a-half of publicity, accusations and the possibility that all Servaas rulings in recent years could be invalid. It also cost the Rockford judge $56,000 personally in legal costs—that on top of $100,000 in costs covered by county insurance.<

Servaas still believes the fiasco all came from his disagreement over moving from the Rockford court location to a new building.

The ruling overturned an earlier decision that said Servaas had vacated his office by moving outside his district, and also accused him of misconduct.

“It looks like the Supreme Court came down over political lines,” he said. “Maybe I’m naive about politics, but I didn’t expect that.”

Four of the seven judges—three supported by democrats and one moderate Republican—agreed that Servaas could not and should not be removed from office. The other three, and one of the four, submitted separate opinions.

Almost all commented unfavorably on the actions of Paul Fischer, chair of the Judicial Tenure Commission.

“For me this is the end of it,” said Servaas. “For Fischer, it’s the beginning. It’s his chance to go through this and see what happens.”

Fischer has a grievance against him filed by Grand Rapids Bar Association members. In addition, one of the Supreme Court judges who ruled for Servaas also wrote specifically regarding Fischer and the JTC.

Justice Elizabeth Weaver wrote, “I write separately to request that this court open an administrative file to investigate how this matter unfolded, including the events and actions of the JTC and/or others responsible leading up to the JTC’s recommendation of this case to this court.”

The dissenting justices, all writing separately, said they believed Servaas was untruthful when asked about his living arrangements or had been deceptive about where he lived. Servaas has said he made no secret of his Honey Creek residence while he lived there. He has the address listed in the telephone book and had guests from work at the home over the years. He is currently residing in a home he owns that is within this jurisdiction.

Servaas said the issue that he believes started this long legal battle is still unsettled and could go either way. “The county took a big risk building that $8 million courthouse before a ruling was made,” he said.

He has stated the law reads that Rockford, as a city of more than 3,500 residents, is entitled to a court if they so request. The City of Rockford opposed the move of the district court to a new location off the East Beltline. That decision is in appeals court now.

Servaas said that battle will likely end up in the same court that just decided his battle—the State Supreme Court. “If Rockford loses, they will likely appeal. If the county loses, they will likely appeal,” Servaas said.

It is a relief to have a resolution on his case, Servaas said. “I had a wedding I was going to perform Saturday.  I told them, ‘If I lose, I’ll have a magistrate perform the ceremony,” he said. A friend told him of the decision late Friday night.

“During all this, the people here were so supportive, that is one high point to come from all of this,” he said. “Everyone has been dynamite. That’s why I came to work here so many years ago and why I’ve stayed. I’m glad I came to work here.”

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Plainfield Township sues State over water

August 6, 2009 · Filed Under Top News Stories · Comment 
HEALTHY LAGOON—Douglas Van Essen points to the body of water in question. The bright circle near his fingertip is the lime the township deposits.

HEALTHY LAGOON—Douglas Van Essen points to the body of water in question. The bright circle near his fingertip is the lime the township deposits.

‘This is truly a last resort’

Not fighting the state on this could cost Plainfield Township as much as $8 million, advised attorney Douglas Van Essen of Silver & Van Essen Litigation and Counseling.

The Plainfield Township Board voted unanimously to enter into a lawsuit with the Michigan Department of Environmental Quality (DEQ) during its Monday, August 3 meeting. According to Van Essen, the state has changed its mind on whether a lagoon in the township is a state body of water.

He said that on June 30 the head of the DEQ’s water management division told the township the lake had been reclassified as a state body of water, in part because of its size, in part because of the thriving fish and wildlife population it hosts.

Under the new designation, the township will no longer be able to discharge lime slurry used in treating water into the lake.

The reclassification could include removal of the sediment so far deposited, and require the creation of a new lagoon. This would land lock the township’s water plant and limit the ability to provide water to residents in the future. It could cost the township millions, Van Essen said.

Van Essen stressed that the lime is not a pollutant, and is not dangerous. It is the same product used in treating the water that township residents drink.

The township has been using the lagoon since 1988 for discharge. At that time, Van Essen said, the DEQ said the lake was not a state body of water and could be used for such a purpose. He stated that the law has not changed, only the opinion of the DEQ officials.

Coit Gravel Company owns the lagoon, located behind Family Fare on Northland Drive. Finished with mining from the location, the gravel company agreed to sell the lagoon to the township for $880,000. The sale would be financed by the gravel company for ten years and would allow the continued deposit of slurry.

“This will have to be settled in the courts,” Van Essen said. Building another lagoon is possible. The Plainfield Township water treatment property on Plainfield Avenue has room for a smaller lagoon. However, that land was taken through eminent domain because the township projects it will need to someday place wells there when water demands increase. It would also land-lock the plant, prohibiting planned future growth of the facility.

“We will ask the courts to find that the 1988 ruling was correct,” Van Essen told the board. “Laws have not changed.” Van Essen also projected that the DEQ could require the sediments already deposited be removed. “The cost to the township could literally be in the millions,” he warned.

Clerk Scott Harvey told residents attending the meeting that the board has been considering options in this case since December. He said their options are to spend a million to buy the lagoon. In the worst case scenario, it would be a seven or eight million dollar fix for the removal of slurry.

Trustee Jack Hagedorn asked if the state usually changes its mind on matters such as this. Van Essen said the state periodically changes laws, usually in regard to public health and safety. In this case, neither is at issue.

Supervisor George Meek said he felt the township had been wronged by the state. Twenty years ago they were told the lagoon could be used this way, and the township has moved forward based on that assurance. To come back years later with a different evaluation is a hardship on the township.

“This will not be a cheap endeavor,” Meek stated.

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Celtic Fest to feature 20 acts in 12 hours

August 6, 2009 · Filed Under Top News Stories · Comment 
Knights duke it out—Watch live knight fights during Rockford’s Celtic Festival this Saturday in downtown. Events will be 10 a.m. to 10 p.m.

Knights duke it out—Watch live knight fights during Rockford’s Celtic Festival this Saturday in downtown. Events will be 10 a.m. to 10 p.m.

Event has ‘best music lineup ever’

Started in 1996, Celtic Festival in downtown Rockford continues to draw thousands, and this year—with what organizer Chris Murphy calls ‘the best music lineup ever’—is sure to be a crowd pleaser. On Saturday, August 8, Celtic festivities run from 10 a.m. to 10 p.m. It is the only free Celtic festival in the state and last year drew an estimated 5,000 to 10,000 visitors to downtown Rockford.

There will be 20 acts, either music or dance, on two stages in the 12-hour festival. Enjoy food, Celtic-related item vendors and live action by knights and assorted characters provided by the Society of Creative Anachronism (SCA). Typically the SCA members move through the crowd in dress costume, as knights, fairies, and other interesting personas. This year Murphy said a kilt maker will likely be on hand and in past years there have been displays of wool spinning, metal work and other skills of bygone eras. The staple beer tent will offer Budweiser and Guinness.

Murphy is tickled to have the band The Kreellers playing during the event. The world-class band just completed music for Fuji batteries. Another top entertainment is the band The Waxies, which just won the Celtic Battle of the Bands. The Grand Rapids District Pipe Band will return for two shows.

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Children receive free ID in Rockford

August 6, 2009 · Filed Under Top News Stories · Comment 

Lilliana Crowley, 7, of Rockford gets her teeth imprinted and is swabbed for her DNA records.

Lilliana Crowley, 7, of Rockford having her teeth imprinted and is swabbed for her DNA records.

by MITCH HARVATIN

The Kent County Sheriff’s Department (KCSD), Rockford Police/Ambulance, Cannon Township Fire Department and Greater Grand Rapids Safe Kids along with Helen DeVos Children’s Hospital participated in the Free Child ID program held at Rockford Christian School, 6060 Belding Rd., on Thursday, July 30, sponsored by the Rockford Masonic Lodge #246.

One hundred twenty children received a free dental impression and a CD containing a photo, video, sound-bite and digital fingerprints.

Deputy Mandy Trevino from the Kent County Police Department said, “If something ever would have happened to the child, all that parent would have to do is give the officer that disc and we’d be able to download it right into our vehicles and get that information out.”

“It makes me feel safer,” said Sherry Morrison, whose son and niece attended the event.

 

NO MORE INK—Fingerprint images are now taken with this digital device.

NO MORE INK—Fingerprint images are now taken with this digital device.

Joseph Morrison, 11, thought that the teeth impression bite didn’t taste good.

 

Other activities were included for that day, including children who got their heads sized for bike helmets. Those whose helmets didn’t fit received a new helmet courtesy of the Kent County Sheriff’s Department.

After fingerprints were scanned and teeth impressions made, the kids could go visit the police officers on their horses, boats, quad runners and the Mobile Crisis Command Unit that is owned by the KCSD, but used by other counties as well. “Just so the community knows what tools we have,” said Trevino.

According to the Klaas Kids Foundation website, “85 percent to 90 percent of the 876,213 persons reported missing to America’s law enforcement agencies in 2000 were juveniles [persons under 18 years of age].”

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BridgeWay sponsors free car wash

August 6, 2009 · Filed Under News Bits · Comment 

BridgeWay Community Church is sponsoring a totally free car wash on Saturday, August 15, in the D&W parking lot at Ten Mile Road in Rockford from 11 a.m. to 1 p.m.

“Everyone is welcome to join us for our free car wash. This is just our way of giving back to the community for all the blessings we receive,” commented Pastor Ron Aulbach.

For further information, contact the church at (616) 874-7115.

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