Council-by-districts lawsuit struck down
BY NAOMI R. PATTON
FREE PRESS STAFF WRITER

Wayne County Circuit Judge Virgil Smith struck down a lawsuit against the Detroit City Clerk Janice Winfrey this morning that would have placed a proposal to elect the Detroit City Council by districts on the Nov. 3 ballot, as the deadline looms for the ballots to be printed.

"I cannot believe this," said Mildred Madison, president of the League of Women Voters Detroit and member of Detroiters for Council by Districts. "I am absolutely shocked."

Despite support from State Attorney General Mike Cox and Gov. Jennifer Graholm’s offices, Smith ruled that the ballot language "that has been submitted by the petitioners is insufficient." He said the language in the ballot summary "should’ve also been included on the language that would have amended the city charter" that would have been published on the ballot, according to state law.

Mary Ellen Gurewitz, attorney for Detroiters for Council by Districts, was flummoxed by the decision.

"The judge misunderstood the question before him…respectfully," she said. "It’s always frustrating when you don’t convince the judge you’re correct."

The Proposal D ballot language on the petition would have amended the city charter to elect seven council members by districts and to elect two at-large.

Gov. Jennifer Granholm's legal counsel has determined that Proposal D should be placed on the Nov. 3 ballot. Steven Liedel reviewed the matter after the Detroit City Council approved a resolution for Cox's office to review the ballot proposal language for a second time.

In August, the Attorney General’s Office issued an opinion, finding the ballot language "incomplete and problematic," and determined that the council to fix the proposal language for it to be placed on the ballot as required by state law.

Smith allowed George Elworth and Frank Monticello, both representing the state Attorney General’s Office, to intervene on the case on behalf of Detroiters for Council by Districts. Winfrey’s attorney Christopher Trebilcock, with Miller Canfield, also argued on behalf on the Districts group.

"The clerk is simply just trying to comply with election law," Trebilcock said.

Lawyers for the city have said the proposal's language is flawed, because it states the Election Commission should draw the district, when state law requires the City Council to draw the districts. Smith did not address this issue.

Liedel also wrote that the Home Rule City Act requires proposals that have garnered the sufficient number of signatures should be placed on the ballot with no role for the governor, attorney general or city officials to prevent it.

Officials with the clerk’s office said the deadline to print the November general election ballot is Tuesday. The City Council will discuss the ballot at its Tuesday formal session.

It appears that The Detroiters for Council by Districts group is receiving some very bad advice. If City Council sent the matter to the Attorney General's Office for clarification. The group should have waited for the clarification that would, more than likely, have came back in their favor. Why go to court knowing that the Judge doesn't have the luxury of basing his decision on public sentiment, as does Jennifer Granholm and Mike Cox, but has to base his decision on the law. Victory for the District Group was only 3 or 4 days away. Now, the opinion by the AG won't hold as much weight as the decision by the judge. It's been said before. PATIENCE IS A VIRTUE.