Current Issue
Rockford court case argued in Appeals
Above, the about-to-be completed Kent County 63rd District Courthouse located at the southeast corner of the East Beltline and Knapp St. is scheduled to be opened November 9, 2009.
by CLIFF AND NANCY HILL
This past Tuesday, October 6, found Rockford officials in Lansing in a Michigan Court of Appeals courtroom. Rockford was there to appeal a Circuit Court decision that allowed the current two courts of the 63rd District to be combined into one courthouse in Grand Rapids Township.
Your reporters were witness to the morning’s proceedings. Readers should take note of the fact that we don’t pretend to be courtroom reporters. What follows are our interpretations and observations of what occurred that morning.
At promptly 10 a.m. the three-judge panel of the Court of Appeals entered the courtroom. The presiding judge, Michael J. Talbot, said, “Good morning.” Hearing no response he said, “We are in for a long day.” In our opinion, that response set the tone for the rest of the proceeding. Judge Kurtis T. Wilder and Judge Michael J. Kelly comprised the rest of the panel.
Talbot began by saying that Circuit Courts of Appeal are courts where oral arguments are heard both pro and con. The justices are already well informed on the substance of the cases that come before them. For the most part they are looking for any new information that may assist them in their decision process. Questions may or may not be asked of the attorneys representing each side. There are no witnesses called and, hence, no cross-examinations in an Appeals courtroom.
First up was Steven Stapleton, an attorney representing the City of Rockford. Stapleton had barely gotten his first words out when Talbot admonished him to, “Speak up and look up.” Stapleton was somewhat taken aback but quickly recovered and advanced a plea to disqualify Talbot from ruling on whether Rockford should keep a full-time court.
Last year, Talbot was one of nine members of the Judicial Tenure Commission that decided that Rockford Judge Steven Servaas should be removed from office. The Commission was of the opinion that Servaas had vacated his bench by residing outside his electoral district and that he also had engaged in inappropriate doodling and improper humor with female staff.
The final arbiter in the matter, the State Supreme Court, was later to find in favor of Servaas, allowing him to stay on the bench.
Stapleton, in advancing the motion of Talbot’s dismissal said, “There may be a perceived appearance of impropriety because of your earlier unfavorable ruling against Servaas.” Talbot abruptly responded, “The Michigan Supreme Court has said that appearance is not an issue.” He concluded, “Your motion is denied.”
Stapleton went on to further state Rockford’s position, saying Michigan State statutes entitle Rockford, with a population in excess of 3,250, to a full-service District Court with a sitting judge. “Indeed, there has been a District Court present in Rockford since 1976,” he said.
Stapleton further stated that Servaas, being one of two judges in the 63rd District, is not in favor of a forced move of the Rockford First Division Court to a consolidated Court in Grand Rapids Township. It is Rockford’s position that, by law, there must be acquiescence between sitting judges before a consolidation can take place.
Talbot replied that the question of whether the Rockford Court would be required to move is strictly an issue of law. “It has nothing to do with Servaas, he is not a plaintiff in this matter. His opinions are of no more importance than anyone else working in the 63rd District Court.”
Representing the 63rd District Court and Judge Sara Smolenski, Attorney Judy Bregman said, “Rockford’s contention that any municipality with a population of 3,250 or more must have a full-time judge can’t be what the Legislature had in mind. There are four cities in Kent County that meet the population criteria and do not have a District Court.”
Bregman and Attorney Timothy Eagle, representing Kent County, said that the decision of where the courts should be lies solely with the chief judge in the district and not through an agreement with another judge or judges in the district.
Thus ended the morning’s proceedings. Present (strictly as interested parties) were Rockford City Manager Michael Young, Rockford City Finance Director Jeff Dood, City Councilman Richard Moll, and former Mayor and City Councilman attorney Neil Blakeslee.
City Manager Michael Young, along with the Rockford City Council, have been steadfast in the belief that the proposal to consolidate the Rockford Court into a 63rd District Court at a location other than Rockford would be in violation of state statues. Young had no comment on the day’s proceedings.
Hopefully a decision will come down from the Court of Appeals in a timely manner. But because of the unspoken politics that some believe will surely be a part of the decision, it could be a matter of weeks or months before a ruling is made.
Print This Story
Jerusalem-bound pilgrims walk through Rockford
JOURNEY—Petra Wolf and Mike Metras pass through Rockford on their walk to Jerusalem.
by RICK ZECK
Have you heard the expression: “We need to stop and smell the roses,” which refers to our crazy fast-paced lifestyle and how we sometimes miss the small things in life? Monday, September 21, without any fanfare, a very curious couple walked through Rockford. They not only smell the roses, but look for the small things.
Husband and wife Mike Metras and Petra Wolf are walking from California to Jerusalem and Rockford, Michigan was on their way east. You did not read it wrong—they are walking nearly 8,000 miles over a two-year period on a pilgrimage.
Many of us have dreams, but the reality is, life happens, and most of us never get a chance for those dreams to materialize. Mike and Petra are living their dream and walking with awareness of each and every day. Sounds bizarre?
After sitting down and talking with this fascinating couple, it made me think maybe what we do is bizarre. These modern-day pilgrims are on a journey to meet and talk to people and to be ambassadors of dreams. They are touching lives and getting people to think about their own dreams. Strangers can get a chance to see first-hand someone who is living their dream one day at a time. The couple does this because there are no guarantees for tomorrow and they did not want to waste another day.
“So why walk to Jerusalem?” I asked these wandering travelers.
“Jerusalem may be the goal, but the journey is the destination,” said Mike.
The journey is the destination—now that is a deep thought. Aren’t we all on a journey, or are we just too busy to see where we are today on our life’s journey?
Mike further stated some words of walking wisdom, “Each of our lives is unique. Live each and every day leaving yesterday as just a memory.”
How much does this couple love to walk? Before Petra met Mike she walked alone from her home in Germany to Camino de Santiago, Spain (the Way of St. James, a Christian pilgrimage), covering 1,400 miles. Together, they have since walked Camino twice, Germany to Rome (775 miles), and now California to Jerusalem.
You can follow all their incredible journeys from their website at www.walkingeast.com and www.walkingwithawareness.com.
Averaging 14 miles a day, the couple is eight months into their current pilgrimage. They are not walking for a cause or raising monies, but just walking through life. Other than the weather, which for the most part has been cooperative, the goodness of people has been the one thing that has embraced this couple the most along their path. Words of encouragement or a place to eat or stay are some of the gifts received by the wandering strangers.
Petra, a workshop and vision quest guide, pilgrimage guide and environmental engineer, has studied shamanism and walked several European pilgrimages. Mike, an author, photographer, pilgrimage guide and retired technical writer, has also studied shamanism and theology, walked several European pilgrimages and has written several books. They hope whenever they return—who knows when—they will continue to share their experiences through workshops and slide shows.
Jerusalem is certainly the goal that drives their pilgrim hearts, but when they get there, who knows—right now, they are on a journey.
Print This Story
Millage renewal ‘crucial’
State proposal to cut per-pupil funding would be ‘catastrophic’
Two issues relating to school funding are coming up. One is the renewal of the 18 mills non-homestead property millage renewal on the November 3 general election ballot. The second is a state proposal, currently voted down by legislators, to cut $218 per student funding to school districts across the state.
For Rockford, failure to approve the millage renewal would cost the district seven percent of their operating budget—five million dollars per year. If the state funding per pupil were cut, that loss would represent two million annually from the district’s budget.
Rockford Superintendent Dr. Michael Shibler commented on both issues this week. School districts are required by the state to turn in their completed budgets each June. The state does not have to pass a budget until September. Unlike the federal government, Michigan is required to operate with a balanced budget.
“Right up until the middle of August we were told there would be a freeze in school funding,” Shibler said. He said in mid-August the Senate passed a bill to cut per-student funding by $110 per child. Shibler said the house took no action on the bill.
“Now it’s September, teachers are in the classrooms, staff has been hired. We have no solid foundation [on what to expect in funding],” Shibler said.
“Now, literally last week the state Senate and House passed a joint committee which recommended a $218 per-student cut.” Shibler said it would have been “nearly impossible” to assimilate such a cut in the district.
He credits grass roots efforts, such as the organization he has chaired here in Kent County since 2001, with letting legislatures know this proposed cut is unacceptable.
“Now they have passed a resolution extending the current budget and that’s where we are now,” he stated. “That kind of cut would be catastrophic, not only for us but across the state.”
For the general election on November 3, Shibler said it is too bad there is nothing but the millage renewal on the ballot. “We need people to get out and vote.” The millage is a renewal of the non-homestead property tax passed in 1994. It does not affect any residential taxes, only businesses and secondary homes, such as cottages. It is not a tax increase.
“We’ve had two elections already on this,” Shibler explained. He said many people have asked why the district is putting the issue before voters now, instead of waiting for the May school elections.
“This is a safety net,” Shibler stated. He pointed out that last May the same type of renewal failed in Saugatuk. Voters passed the renewal later, but the action was costly. “They lost a couple of million in revenue. We can’t afford to have that happen.”
“If it were to fail, we could go back and ask again in May with no penalty,” Shibler said. He pointed out that there was some controversy involved in the Saugatuk election involving property, but he refuses to take any chances with school money.
“I know there are people out there today that are angry and afraid. This could be used as a protest vote.” He said he talked to school officials in Saugatuk who told him they hadn’t campaigned about the necessity of passing the renewal, because they were so confident it would go through.
“You know me,” Shibler explained. “I always run a campaign. I’ve given over 30 presentations in the community. I don’t like to take any chances.”
Shibler said failing to pass the millage would have a major impact on the quality of the educational program offered to this community. Absentee ballots are available at townships or the City on or before Wednesday, October 14. Approval of the renewal would secure funding for the district from 2010 through 2014. Shibler said the district votes on the issue every five years. This will be the third renewal.
Despite the lack of other issues on the ballot, Shibler hopes residents will take the time to vote and pass the renewal. “Unfortunately, there isn’t anything else on the ballot.It is an annual election for national, state and county. You’d think there would be something else, but there isn’t one thing but this. We have to make sure people get out and vote. A lot of people have told me this is a no-brainer, but I’m not taking any risks.”
To see questions and answers about the renewal visit rockfordschools.org.
Print This Story
The hunt is over
Sorry treasure hunters, clever clue-follower Joe Longo put together the pieces and discovered the Cannon Coin. Watch next week’s Squire for the whole story.
Print This Story
Feed America West Michigan Food Bank receives donations
The “gang” from Feeding America West Michigan Food Bank is making regular appearances at Rockford’s ever-popular Saturday Farm Market, seeking donations of fresh and healthy Michigan fruits, vegetables and baked goods from market goers and vendors. This Saturday they ended up with a pickup truck full (approx. 500 lbs.) of the very best the market has to offer. The day’s donations are delivered to area food banks for distribution to their clients. Look for Feeding America on Saturday mornings at the north end of the market.
Print This Story
Visitors
-
Marketplace
