|
| Author
|
Post |
 
|
|
Ted Jankowski
F L I N T O I D
|
When I was reporting on the Cynthia Favila-Terry's illegal appointment as a Flint Magistrate last year. I spoke at City council about the 2005 Study from the State of Michigan Supreme Court Judicial Resource Recommendations. In which the Report said D68 – City of Flint -1.37 Eliminate one district judgeship by attrition. Now that was back in 2005. 2009 Flint had almost half (Act. 41%) the caseload. Of which during that time we had numerous Magistrate appointments. While having already 1.37 too many judges. (My opinion Magistrate appointments when the caseload isn’t even heavy enough for the judges we already have is a political pay-off). Now I thought I’d see what the 2009 report had to say. Amazing enough, Either they were way off in 2005 or their taking drugs at the supreme court level. Because now with almost half (Act. 41%) the case load Flint is only over 1.21 judges. I’m wondering what to believe now? If in 2005 Total Caseload was 76,621 and Total Dispositions was 69,330. Then in 2009 Total Caseload 44,812 and Total Dispositions 39,711 What has changed that the recommendation in Flint district court actually needs more judges now than we did in 2009. They must believe that nobody ever reads these reports or has the intelligence to watch what they are doing.
For me. I would have expected that if we had 1.37 judges with a caseload of 76,621 We should have been 2.88 over with a caseload of 44,812.. (if my math is wrong let me know). With the expectation that Flint may need a part time Magistrate to fill the gaps.
Now I mention this because not only is the City going into debt and needs to cut costs. But so does the State. And where are our State legislators asking for bills to downsize the courts. The state pays some of the costs of our courts and the city pays the rest. But no one is really talking downsizing the amount of judges that can be appointed. (Yes I said appointed if ya understand how most judges are initially put in those positions. Then you know that it’s not the norm to try to unseat a sitting judge by election. When it should be the norm.) I was expecting the 2009 report to say to downsize the number of judges. But since it didn’t I have to wonder what’s going on in the state. Just for grins and giggles I checked the 2007 report. Which is even more confusing since they cited a 7.6 percent increase in case load from 2005 to 2007 yet still recommended a 1.44 judgeship reduction. NO WONDER THE COURTS SO SCREWED UP!!!
To summarize. I started writing this thinking that I’d have ample evidence to prove the need to downsize the Flint courts to save money. Only to find that judgeship's are really pay off appointments because there is no consistency in the use of data to determine the size of the courts. Then understanding The wonderful John Engler did the revamping of the Michigan Supreme Court system. Really gets me worked up. Bottom line The state needs to follow at the very least it’s 2005 recommendation of a reduction of one judgeship. Which would save both Flint and the State money. And not just in Flint. I’ll bet other courts in the state could be downsized also. They are quick to want to close prisons. But not too quick to loose political appointments as long as we are footing the bill. |
|
|
Fri Jan 21, 2011 5:51 pm |
|
|
Ted Jankowski
F L I N T O I D
|
Somehow responses got confused between two topics. So apply that which is appropriate to the post.
Cynthia Favila-Terry I'll take this opportunity to inform you that the SCAO opined that the circumstances surrounding my appointment created a case of first impression, which was never litigated. Therefore, neither you nor anyone else can state as a matter of law that the appointment was illegal.
Friday at 6:45pm · LikeUnlike
*
Cynthia Favila-Terry Be advised accordingly before you continue to spread untruths with my name attached.
Friday at 6:46pm · LikeUnlike
*
Ted Jankowski
Just because something hasn't been pressed in Court and Litigated. Doesn't make it legal? What did the LAW SAY. At what time were you ever "A registered elector in the City of Flint?" And what day was it that the City Council approved you t...o be the Magistrate? I'll bet Lynette Ward knows her date or Mary Thomas or Susan Jarema Most Appointed magistrates at least remember showing up at City Council to be present when they Vote on them as the LAW requires. So you're saying I was wrong and you were a registered elector and living in the City of Flint and The city Council DID vote to approve you? I'll apologize publicly and have you on my TV show to apologize if you can prove any of what I've said about your appointment to be untrue.See More
Friday at 9:49pm · LikeUnlike
*
Cynthia Favila-Terry
Interesting yet predictable response. All I'm saying to you is that implying that I took part in illegalities or received some sort of political payoff is crossing the line. You've previously also crossed the line with personal attacks, w...hen you had never even met me. Your attacks over this issue are founded in either misunderstanding or maliciousness. Either way, I ask that it stop.
Believe me, I would have loved to see the issue litgated. It was more complex than I care to explain, and certainly not as simple as you attempt to portray it.See More
Friday at 10:18pm · Like#
Cynthia Favila-Terry
To clarify: Lynette Ward was not initially appointed by Judge Hayman; Judge Perry was not one of Tyrone Ward's football coaches; and Judge Neithercut was the judge on the case wherein Ward plead to the charge under HYTA, because he was elig...ible for it.
Furthermore, it is my understanding that he will likely get probation for no reason other than that's what the sentencing guidelines might call for. Upon the guilty verdict, Ward was remanded to the county jail, which Judge Hayman typically does not do when guidelines call for probation. If Ward was given preferential treatment before, and I don't think he was, he certainly hasn't gotten it recently.See More
Friday at 7:13pm · LikeUnlike
#
Ted Jankowski While Lynette Ward was appointed and confirmed in 2002 THE RIGHT WAY. But wasn't really doing the job until Judge Hayman appointed her in 2006? Am I off here? There was no magistrate early 2006 until he appointed her. Using a 4 year old appointment. Gotta go I'll respond to the rest when I get home or wake up in the morning.
Friday at 9:34pm · LikeUnlike
#
Cynthia Favila-Terry It's ok Mr. Jankowski, my information is reliable and I'm done attempting to suggest an objective point of view for others to address your post. It's clear that you cannot resist attacking me anyway.
Friday at 10:25pm · LikeUnlike
#
Cynthia Favila-Terry If I'm wrong about Lynette, I'll admit it and apologize right here.
Friday at 10:27pm · LikeUnlike
#
Ted Jankowski I just can't resist pointing out when people don't follow the law. Hell if I'd been offered a good paying job and the boss says don't worry about following the law. I may have done the same thing. Times are hard.
Yesterday at 2:59pm · LikeUnlike
#
Ted Jankowski And would have kept the job at least until it got found out.  |
|
|
|
Sun Jan 23, 2011 4:05 pm |
|
|
Ryan Eashoo
F L I N T O I D
|
|
Good Job Ted!!!!
|
_________________
Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com |
|
|
Sun Jan 23, 2011 5:35 pm |
|
|
untanglingwebs
El Supremo
|
Ryan- When the City Attorney annnounced he was going to file charges against Judge Hayman, I ran into the Judge and asked him. He threw back his head and laughed. The courts were in trouble and Hayman and the Supreme Court administrator worked out a solution. If I understood it correctly Ms Favila Terry was part of the TEMPORARY solution!
There were 2 new Judges due to appointments and they were not completely up to speed yet. Judge Marable was not being allowed to hear all kinds of cases. They needed a temporary solution and needed someone who was not looking for a permanent position.
After contacting the Supreme Court Administrator, the city and city council became silent on the issue and it has not been brought up at council since. Hayman and Judge Perry came to council and there was a somewhat angry discussion about the subject.
Ted is like a dog worrying over a bone and refusing to drop the issue. He has a real point with the fact that we probably don't need that additional judge, but he could not help throwing in the magistrate issue. The big problem is having Marable at a place where he is a completely functioning judge, otherwise the court will continue to suffer.
Jusge Hayman did not ask to be the Chief Judge for both the Circuit Court and the Flint District Court, he was appointed to the position over District Court.
Ted needs to let go of the situation as if it were his only claim to fame.
Last edited by untanglingwebs on Tue Jan 25, 2011 10:22 pm; edited 1 time in total |
|
|
|
Tue Jan 25, 2011 7:43 am |
|
|
Ted Jankowski
F L I N T O I D
|
| Untangling Webs. What was the issue that had to be solved? There was none. The only real back log the District court had was parking tickets and ordinance violations. Of which even after she left are still months behind. Common sense says. With a 41 percent caseload reduction and a state recommendation for reduction by attrition of 1.37 judges when the case load was higher. There is no way it was necessary to hire a magistrate. Especially one that was not "a registered elector of the district" nor was she "approved by the governing body". So do we as citizens have the ability to pick and choose what parts of the LAW we follow? All's that really shows is that something wasn't kosher. And as I pointed out. The judges could have been just doing half the caseload and there still should not have been a situation. |
|
|
|
Tue Jan 25, 2011 5:08 pm |
|
|
untanglingwebs
El Supremo
|
The Supreme Court administrator helped mediate the solution that led to Ms favila Terry being hired. She was temporary and not an appointee.
After council and City Attorney Peter Bade were so eager to take on the Judge and file complaints, everything got remarkably quiet. The pot of money allocated to pay her was remarkably small and at some point she would have to go as there was no more funding. it was like a grant position-job is gone when the money is gone.
It appears she has given you a warning to quit besmirching her reputation without all of the facts. |
|
|
|
Tue Jan 25, 2011 10:29 pm |
|
|
Ted Jankowski
F L I N T O I D
|
Magistrates are always temporary. It is a temporary position. They work at the pleasure of the Chief Judge.
Now If all of this was true. Why then Did the Chief judge claim that she had been approved by city Council? When there was no approval? He insisted upon it until the Court administrator pointed out to him that she never was.
Ms. Terry was his judicial Law Clerk. Her practice was not going very well. (as evidenced by she's no longer living in fenton and house has been or is in foreclosure.
She was appointed as magistrate by Judge Hayman. . Here is a copy of the first page of her appointment letter. http://www.tedjankowski.com/tedjankowski/hayman/HaymenSignedAppointmentLetterPg1.jpg Everything I have can be found at. http://www.tedjankowski.com/tedjankowski/hayman/ You just claimed she was temporary and not appointed. The paper work clearly shows something completely different. This was signed by Judge Hayman isn't that like swearing the all the above is true. The wording that is lighter on that page is because I scanned the highlighted copy I gave to City Council. I should have copied the original. It says she is "a registered elector in the City of Flint" and "with the approval of the City of Flint" Not the question is and always has been. Was she a registered elector and when did the City Council approve her? Answer Never. |
|
|
|
Wed Jan 26, 2011 11:51 am |
|
|
untanglingwebs
El Supremo
|
Spoke to some District Court officials at lunch today. Magistrates are appointed for a specific time period, but Favila-Terry was unique in that her position was for a very limited time. Judge Marable was off the bench temporarily and the rest of the judges were hard pressed to maintain their caseloads. There was 2 fairly new judges, although Dowd had been a magistrate for over 10 years. They were begging for relief.
The deal was brokered by State Court off icials as a temporary measure until the court could get itself back in shape. Do you honestly believe the State is going to say they screwed up. It was believed and justifiably that no established attorney would uproot their practice for a limited appointment.
Favila-Terry was praised for an exceptional job. Judge Hayman remains sppointed by the state as the Chief Judge for the District Court and he is Chief Judge for the Circuit Court. If he had been guilty of the wrongdoing you have alluded to, I do not believe that would be the case.
You once said she could not have been a good attorney because her house in Fenton was in foreclosure. There is no evidence of that in the Register of Deeds and the house was sold before her family left the state.
Marable is now doing landlord tenant cases and some traffic. I understand a retired judge is working with him. |
|
|
|
Thu Jan 27, 2011 6:49 pm |
|
|
Ted Jankowski
F L I N T O I D
|
I love how things are twisted or get twisted.
I never said she wasn't a good attorney. I said her practice wasn't doing very well. Check the legal news here about three months ago and you'll see her house in foreclosure. There is no Judge working with Judge Marable. There is a liaison (I guess you call it Judge) that handles communication between Judge Hayman and Judge Marable. I guess if you really want to know what is really going on. You might want to talk to that judge. And stop listening to the people you have been getting your information from. You may begin to see things a little differently. I'm curious How many complaints has Judge Marable accumulated? How many over turns has he had? What is his caseload clearing rate compared to the rest of the judges? Oh and what group of People has he pissed off that is causing all this hate and discontent?
As far as Hayman being chief judge. Had I acted sooner and they possibly found out or even the Local worthless media done a story about it. He may not have been appointment. He was already reappointed before I brought this to their attention. |
|
|
|
Fri Jan 28, 2011 3:19 pm |
|
|
Dave Starr
F L I N T O I D
|
| Did Hayman rule against you or something, Ted? You seem quite biased against him. |
_________________
I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
|
|
Fri Jan 28, 2011 3:36 pm |
|
|
Ted Jankowski
F L I N T O I D
|
Nope In fact I've found most of what he's done to be right in line with my thinking at least what he says public ally in forums. But I'm seeing inconstancy's.
untangling webs. I spent about an hour double checking with city hall about the way you said things happened compared to how they actually happened.
You said "The deal was brokered by State Court officials as a temporary measure until the court could get itself back in shape." I find no initial record of that. It wasn't until much later into what I uncovered before that was ever mentioned. There was insistence that She had been confirmed, It was also mentioned that she was only appointed temporary.. But That is the nature of the position. Pete Bade questioned and verified everything. THe city was prepared to (rather reluctantly and at a snails pace) to enforce the law. However, Ms. Terry to her credit resigned before they actually took action. The city didn't fight it. Because she was no longer holding the position therefore it would have been a waste of time and money when the city has all the time in the world but no money. It was dropped. Not because of a fictitious deal with the state. But, because she no longer held the office and it had become a mute point.
You are very correct with your statement that "Do you honestly believe the State is going to say they screwed up." Hell no they won't. Why do you think they refused to do anything esp. after they had just reappointed Hayman the chief judge, Even though none of the judges in the Flint courts voted for him. Usually the Supreme court accepts the VOTE of the court for whom they nominate as Chief Judge. Makes me wonder if the Supreme court even knows Judge Hayman is not a resident of the City of Flint? The Michigan Supreme court is more screwed up than the Flint court. (IMHO). Which leads me to believe that prescient and legal opinions apply to everyone but the State Supreme court. Even though they are supposed to be the experts. DAAAA Supreme court???
I'm also curious on this statement. "
Favila-Terry was praised for an exceptional job." Who praised her? I never seen that in the news? The Media doesn't do any verification or checking on what they are told by officials they just take what they say at face value. Therefore when they asked Judge Hayman they never bothered to go to the state and verify anything he said. I would love to talk to the person that brokered this deal. Considering they didn't exist until after numerous correspondence between Judge Hayman the city attorney and councilmen. I'll see if I can dig it up for you. I have copies. Only I recently moved and stuff hasn't been organized as of yet. It's in a box somewhere. While it wasn't read in it's entirety in the business meeting. It was entered into the record and I requested a copy of that correspondence. I guess I should make copies for you and post them on my website. I just never thought I needed to since everything I've said was so obvious. |
|
|
|
Sat Jan 29, 2011 4:39 am |
|
|
untanglingwebs
El Supremo
|
TED
YOU NEVER INTERVIEWED JUDGE HAYMAN BEFORE YOU FILED A COMPLAINT WITH JOSH FREEMAN AND PRESSED THE ISSUE IN COUNCIL
DID YOU INTERVIEW ANY JUDGE IN THE 68TH BEFORE YOU WENT ON YOUR CRUSADE?
I WAS WITH A NUMBER OF PUBLIC FIGURES WHEN AN OFFICER OF THE COURT STATED A RETIRED JUDGE WAS SITTING WITH MARABLE. I ASKED THE QUESTION AGAIN TO MAKE SURE I HEARD IT CORRECTLY.
THE NEWS MEDIA EVEN REPORTED ON MARABLE BEING REMOVED FROM HIS POSITION AND RETURNED TO TRAINING. HE HAS HAD THE SCOPE OF HIS JUDGESHIP REDUCED.
CYNTHIA FAVILA-TERRY AND HER FAMILY LEFT THE STATE AND THEIR HOME HAS BEEN SOLD.
THERE ARE A NUMBER OF FLINT AREA ATTORNEYS NOT DOING WELL. POPULATION DECLINES, PEOPLE TOO POOR TO DIVORCE, ETC.
I HAVE SPOKEN TO HAYMAN ON MORE THAN ONE OCCASION AS WELL AS OTHER JUDGES RECENTLY-HAVE YOU.
A GOOD INVESTIGATOR DOES NOT RELY ON ONE SOURCE OR ONE OPINION.
THE STATS ON HOW MANY JUDGES YOU BELIEVE WE NEED ARE IRRELEVANT IF GOVERNOR GRANHOLM FELT THE NEED TO APPOINT AFTER FLINT HAD VACANCIES.
MARABLE WAS IN RETRAINING AND THE 2 NEW JUDGES WERE WORKING TO GET UP TO SPEED. i HAVE BEEN TOLD BY JUDGES THAT THEY REQUESTED A TEMPORARY MAGISTRATE AND WORKED WITH THE SUPREME COURT ADMINISTRATOR TO FIND A TEMPORARY SOLUTION.
A JUDGE TOLD ME THAT FAVILA-TERRY WAS A FINE ATTORNEY AND AN EXCELLENT MAGISTRATE. AN ESTATBLISHED ATTORNEY WITH A PRACTICE WOULD NOT GIVE UP THEIR PRACTICE, NO MATTER HOW SHAKY IT WAS, FOR A TEMPORARY POSITION WITH NO BENEFITS. A NEW ATTORNEY AND FORMER LAW CLERK THAT WAS PLANNING ON MOVING WOULD. |
|
|
|
Sat Jan 29, 2011 7:48 am |
|
|
Ted Jankowski
F L I N T O I D
|
You are correct. I didn’t interview Judge Hayman, He didn’t follow procedure. He has performed the procedure a few times before and knows it. The person he appointed without Council Approval, who didn’t live in the district that she was serving in was his former Judicial Law Clerk. She was the person that did his research and wrote his opinions.
Also, Judges won’t comment on other judges. Trust me the politics of the court keep them from saying anything plus I believe there is even some legal aspects to speaking about others.
Yes It was in the paper about Marable. But, it is obvious that this happened right after Judge Hayman promised openly in a meeting of the Genesee County Landlords Assoc. That he was going to get rid of Marable. I found this out while chatting with an alternative media outlet in Flint. Discussing publishing what I had discovered going on. But what does any of this really have to do with anything. The Case Load was almost half of what it was the year the State Supreme court recommended a reduction in Judges. Flint could have been two judges down and still had ample coverage for cases without the need for a magistrate. If we use the 2005 numbers and recommendations’ We could be down 3 judges then would probably have the need for a magistrate. But you’re whole argument and his that there was a NEED created? Is completely false. There isn’t one judge down there that is over worked.
Cool Ms. Terry was able to get something worked out. I only mentioned what was in the Legal News. As you know many of us are having difficulty with house payments. The banks have some other options that they can agree to such as short sales etc. I’m glad she was able to not get too overwhelmed and get out of it. I don’t how or why nor does it matter to the situation at hand now. Only that it reinforced the prospection that there may have been other circumstances involved than what we were being told.
Actually, I had three different attorney’s take a look at what my findings where before I ever made a move. Got their personal opinions. SO please stop talking out you8 ass about things you don’t know about. It only adds to smoke and mirrors. Not to the truth.
Truth is, The whole She was appointed with the approval of the State because of a deal worked out. Was never mentioned until after Judge Hayman already told City Council that Ms. Terry had been confirmed by them and that she had met the criteria. Oops that wasn’t true gotta find another way around. Also, the State doesn’t approve or disapprove Magistrates. That is controlled and worked out locally. I guess if ya don’t know that a BS answer like it was worked out with a governing body that has nothing to do with it would be an acceptable answer. Had that been the case. She wouldn’t have needed to be approved by City Council or a registered voter. Thereby having a special letter of appointment that doesn’t exist.
THE STATS ON HOW MANY JUDGES YOU BELIEVE WE NEED ARE IRRELEVANT IF GOVERNOR GRANHOLM FELT THE NEED TO APPOINT AFTER FLINT HAD VACANCIES.
The governor appoints when a position is vacant. Supreme court makes the recommendations and the Legislature drafts the bill to reduce or increase. That statement is completely incorrect and just more smoke and mirrors. Trying to cloud the issue.
As far as your last comment. When was that decided? She became a Magistrate soon after her and her husband announced their taking over of Maxies in Mundy Township. They were looking at being bar owners? At least that's what the Journal said. |
|
|
|
Thu Feb 17, 2011 1:21 am |
|
|
untanglingwebs
El Supremo
|
Judge Hayman and Judge Perry came to a council meeting to confront Freeman and You about this issue. i have conversed with several judges, those still sitting and some new to the court. You stayed n the background and maintained a consistent mind set.
I believe Judge Hayman is sometimes too political. I did not approve of his standing with Stanley during he recall efforts. That was because I believe Judges should be neutral and not show such a strong bias in political decisions.
I also did not approve of the prior Court Administrator that came rom Detroit. She was a disaster to my way of thinking and I am glad she has left.
However, having been a court watcher in his court, I truly believe he strikes a necessary balance in his court and that he is a good judge. Others must think so too because he has been ordered to take control of the troubled Flint District Court. Being Chief Judge of both the Circuit Court and the flint District Court is a burdensome and time consuming task.
You speak of previous issues you have had with Judge Hayman. There is a process for filing complaints with the Judicial Tenure Commission and you could have done so and built up a paper trail. I have assisted someone in a complaint with the Juducual Tenure Commission and know that if you document and build your case that you will be successful. If your opinions were this strong about Hayman, why did you not take action before this?
Marable is a sweet individual, but I can't help but look at the history of compalints against him and the never ending controversy surrounding him. I believe Judicial Tenure Complaints have been filed against him by citizens and other judges. He may be guilty of nothing more than refusing to play nice with the other judges, but this court seems to be in constant turmoil and he seems to be at the center of it. There are fewer complaints since the two newer judges have gotten up to speed.
The real problem as i see it is where will the Court continue to be located and when will it be back in full operation. People still work in the clerk offices for the 2 District Courts, but accessing records and travel is a time consuming process. |
|
|
|
Thu Feb 17, 2011 8:25 am |
|
|
untanglingwebs
El Supremo
|
quote:
Dave Starr schreef:
Did Hayman rule against you or something, Ted? You seem quite biased against him.
I agree with you Dave that Ted has the appearance of a mind set against Judge Hayman and therefor cannot see both sides. He needs to talk with Hayman and the other judges. |
|
|
|
Thu Feb 17, 2011 8:31 am |
|
|
|
Forum Rules:
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
