On Saturday, September 14, 2024, the Detroit Free Press reported that a lawsuit filed by Macomb County Prosecutor Peter Lucido against the county’s top attorney and ethics board will be overseen by a new judge. This development follows the disqualification of Macomb Chief Circuit Judge James Biernat from the case, which he announced on Friday.
Judge Biernat signed an order indicating that his continued involvement could create an appearance of impropriety, though he did not provide further details regarding his decision. The case will now be reassigned to a judge from another county, with the request for reassignment being sent to the State Court Administrative Office.
This instance is not unique; it marks the latest in a series of recusal decisions involving judges in the Macomb Circuit Court when dealing with cases related to elected officials. Previously, a St. Clair County Circuit judge presided over a case involving former Macomb County Clerk Karen Spranger, while an Oakland County Circuit judge handled a criminal matter concerning former Prosecutor Eric Smith.
The reassignment comes shortly after Circuit Judge James Maceroni declined to disqualify himself from Lucido’s lawsuit, despite Lucido’s concerns about a campaign contribution linked to Maceroni. Lucido had asserted that this contribution could create an appearance of impropriety. Maceroni’s decision was anticipated to be reviewed by Biernat, and a hearing was initially scheduled for September 16. However, that hearing was adjourned without a new date, and other related proceedings have also been postponed.
John Schapka, the Corporation Counsel and one of the defendants in the lawsuit expressed disappointment over the prolonged nature of the case, stating that all parties involved are seeking closure. Lucido’s attorney, Todd Perkins, remarked that Biernat’s decision reflects a broader understanding of the situation, emphasizing the need for a jurist who is not closely tied to the individuals involved in the case.
The controversy began when Perkins filed a motion on August 12 after discovering that Maceroni had donated to the campaign of Christina Hines, a Democratic candidate for county prosecutor. This contribution, totaling $100 and made on November 15, 2023, occurred over seven months before Lucido’s lawsuit was filed in Maceroni’s court. Perkins argued that the contribution raised concerns not merely about the monetary amount but about the potential bias it suggested.
Maceroni ultimately ruled that there was insufficient evidence linking the contribution to any impropriety in the case. His opinion outlined several reasons for this decision, indicating that mere contributions do not inherently imply bias or conflict of interest.
The lawsuit also involves allegations made by Mark Brewer, a former chairman of the Michigan Democratic Party, who filed two complaints against Lucido with the ethics board. One of Brewer’s complaints was dismissed, while the other is set to proceed to a public hearing. This complaint involves claims that Lucido misused county property for personal political gain. Perkins has contested these allegations, asserting that Lucido has faced unwarranted political attacks.
Source: Detroit Free Press
