Representative Jeff Irwin, a Democrat, served for a decade as a Washtenaw County Commissioner. In January 2013, he will began his second term in the Michigan House of Representatives. In his regular column, House Calls, A2Politico will pose a single question to Representative Irwin and he will answer it. The questions will focus on his work in Lansing and, of course, his efforts to bring the “progressive agenda” to state government that he told voters in Ann Arbor he intended to work on during his time in office.

A2Politico asks: Ann Arbor recently withdrew from the 4-Party transit agreement, following the lead of out-county pols—almost all of whom found little value for the money in the regional transit plan as proposed. You were uncharacteristically silent about the Washtenaw BOC recently passing a resolution withdrawing support of  Governor Snyder’s Regional Transit Authority (RTA). If your constituents (and county residents) don’t want to participate in regional transit, and residents won’t tax themselves to pay for it, was the several year, several million dollar push to get Washtenaw County involved in the regional transit game afoot in southeastern lower Michigan a political miscalculation?

Representative Jeff Irwin answers:

I think there is quite a bit of confusion or conflation out there regarding the separate plans to create a SE MI Regional Transit Authority and the plan to increase transit service in Ann Arbor and throughout the county with the countywide transit enhancement plan put forward by AATA through act 196. These are separate ideas that are related, but not dependent on one another.

Regarding the RTA bills floating in the legislature, I have been publicly vocal about my concerns. I don’t want to subject AATA and our federal funding to a new layer of regional governance. Although there are some protections in the legislation and in federal law for our transit revenue, I can not support legislation that will endanger AATA funding and AATA operational autonomy. In short, I want decisions about routes and service levels made close to home. So, while I support additional investments in regional transit — especially more functional train service along the I-94 corridor — I don’t support the RTA bill in its current form. Accordingly, I support the similar sentiments coming from locally elected leaders in our city and county.

Hopefully, the legislature will remove Washtenaw from the current RTA composition and create a method for Washtenaw, Livingston, Monroe or other neighboring counties to join the RTA once Wayne, Oakland and Macomb get their act together. Also, it’s important to mention that the RTA bill does not offer new options for local revenue generation.

The bills that allow counties to offer gas tax or registration fees to their citizens as a revenue source for local transportation needs are not moving. Without new revenue options on the table, the RTA discussion is really a negotiation regarding where the deck chairs should be stored while we attend to the sinking ship.

With respect to the efforts to organize additional transit in Ann Arbor and more meaningful connections with surrounding jurisdictions, I am disappointed that the locally elected leaders have decided not to move forward at this time. As you know, I believe that increasing evening and weekend service would be a benefit to our city. I also would have liked to continue some of the service enhancements that AATA deployed successfully in anticipation of increasing investment from the public. Specifically, increasing service along Washtenaw and Packard — I believe — is good for Ann Arbor, Pittsfield Twp., Ypsilanti Twp. and Ypsilanti. Perhaps AATA will find a way to continue these service enhancements, but without a consistent source of revenue to support these services I have a hard time seeing how that will be possible.

In any event, you know I am a transit supporter and you can expect me to continue to support public transit. I still think we have a good bus program in Ann Arbor that needs some modest improvements, and I’ve noticed that many opponents of the transit enhancement plan make the same observation. Hopefully, we can bring those two groups together. More complete hours and better service will allow more people to count on bus service to meet their transportation needs. For some families, this means shaving enough off of their expenses to keep their job and their home. In addition to reducing the need for downtown parking and ever widening roads, this economic benefit for lower income families helps all of us maintain a successful, diverse and vibrant community.

by P.D. Lesko

52nd District Representative Mark Ouimet and Governor Rick Snyder both let mainstream media assumptions that they were moderate Republicans go uncorrected. The last laugh, in retrospect, has been on all of the Ann Arbor and Washtenaw County independents and Democrats who endorsed, gave money to and voted for the two men. Ouimet went on to vote in lock-step with the Republican ideologues in Lansing as they raised taxes on the middle-class, socked it to oldsters by taxing pensions, and attacked public education by slashing funding—despite the sorry fact that 70 percent of the state’s 4th and 8th graders can’t read at level, according to data compiled by the Children’s Defense Fund. Last year Ouimet went along with his Republican murder of cronies as they cut state unemployment benefits from 26 weeks to 20 weeks, and he also voted to impose absolute time limits for children and their parents seeking assistance from the state. This means tens of thousands of families with children whose parents are unable to work or who cannot find jobs are being barred from help.

According to data from the U.S. Census Bureau released in September 2012, poverty in Michigan has increased 66 percent since 2001. Michigan’s poverty rate continued to rise sharply through 2011, to 17.5 percent up from 16.8 percent just a year earlier, and well above the national average of fifteen percent. Almost 1 in 4 children in Michigan lives in poverty. Child poverty rose to 24.4 percent in 2011, up from 23.1 percent in 2010 and 14.2 percent level in 2001. Michigan is in the worst third of the nation for child poverty.

However, according to Representative Ouimet’s (pictured right) latest Legislative Update, “Two Years of Fiscal Responsibility” have helped give Michigan a big boost. The Legislative Update must have been prepared by some Whirling Dervishes in Ouimet’s employ, because the spin is stunning. Michigan has a “higher credit rating,” claims Ouimet (well, not exactly, but who’s counting?). He claims that Bloomberg research concluded Michigan’s economy is improving thanks to “the leaders of our state continue who work together to reduce spending and make necessary tax and government reforms.” Well, no. According to Bloomberg Business Week: ”Michigan’s economy is recovering from the recession at the second-fastest pace in the U.S., lifted by reviving carmakers.” Carmakers got a boost from President Obama and the Congress, not Governor Snyder, Representative Mark Ouimet or the state’s other Republican legislators and their billion dollar tax break for business.

Taking credit for the work of others is what politicos do, but it’s smarmy nonetheless.

The reality is ugly and doesn’t fit into the libretto penned by the state’s GOP leaders: In Michigan, income inequality continues to grow. The percentage of households making $150,000 or more increased by five percent over the decade, middle-income households declined. Low-income households making less than $35,000 a year increased by over 10 percent, confirming the downward spiral in the living standards of working class families. The largest increases were in the lowest income cohort, households with income under $15,000, according to an analysis by the Michigan League for Human Services (MLHS), an advocacy group for low-income households.

All in all, Mark Ouimet has turned out to be about as moderate as Mitt Romney (whom Ouimet is endorsing in the 2012 presidential race). Snyder’s “Jobs, Jobs, Jobs,” pole dance and Voodoo Economics have not resulted in any significant improvement in the state’s childhood poverty rate. With 641,615 Michiganders on food stamps, our state has the third highest rate in the nation, according to new data from the U.S. census. More Michigan residents are on foodstamps than in 2010, when Ouimet and Snyder were elected.

In point of fact, Mark Ouimet’s main accomplishment in two years has been voting in lock-step with Lansing Republicans, and his sponsorship of a bill to allow the sale of beer at Michigan Stadium. Coupled with Ouimet’s academic degrees purchased from a diploma mill shut down by the FBI, according to reporting by the local news blog AnnArbor.com, and it’s no wonder Gretchen Driskell is challenging Ouimet to represent the 52nd District.

As it turns out, Driskell and Ouimet have more in common than Dem voters might imagine, or Driskell might like to have people know. Both of them donated to Rick Snyder in 2010. Driskell, the Democratic Mayor of Saline, sent along a donation to the RepubliNerd’s campaign, and Ouimet, as a Republican County Commissioner did the same. Both Ouimet and Driskell are up to their political necks in the local job creation boondoggle Ann Arbor SPARK. On her campaign web site, Driskell writes: “I served as chair of the Saline Economic Development Corporation and have been involved significantly with Ann Arbor SPARK. There, we helped develop initiatives designed to spur job growth — including incubators, business accelerator programs, micro-grants, and the talent portal.” Ann Arbor SPARK has skimmed close to $2.5 million in money from public schools in Ann Arbor, as well as from the city’s General Fund since 2009.

With both hands in the cookie jar that is the Ann Arbor SPARK model, including its diversion of money from public education, Driskell assures liberal voters: “Under the current Republican majority, K-12 education has been under constant attack. If we want to improve education, we need to stop cutting K-12 education and raiding the School Aid Fund to plug other holes in the state budget. We need to get ballooning class sizes under control so all our students get the attention they need and deserve. We should be putting the highest quality teachers at the front of the classroom and giving them every tool they need to deliver the best possible education to our kids, including a curriculum that encourages critical thinking and problem-solving skills.”

While Driskell does have the support of the state’s education unions (including a $5,000 donation from the Michigan Education Association) and Planned Parenthood of Michigan, she does not list the endorsement of a single current Washtenaw County Commissioner, or even a member of the Saline City Council she has headed for the past 14 years as Mayor of Saline. Democratic State Representative Jeff Irwin is endorsing Driskell and gave her a $100 donation. Irwin served on the Washtenaw County Board of Commissioners with Ouimet before both were elected to the State House in 2010.

Irwin recently told the Michigan Daily, “Mark Ouimet’s success in the past has always been predicated on his ability to get more moderate Republicans and even some Democrats to vote for him. Irwin added that Ouimet has campaigned as pro-choice and pro-education, but has voted against both ideals during his time in the House. He (Ouimet) likes to wear maize and blue and go to football games … but he’s willing to cut U of M (funding) by 15 percent.”

State Senator Rebekah Warren donated to Driskell’s campaign via a behind-the-scenes $500 check from Warren’s Envision Michigan PAC, but Warren has not endorsed Driskell against Republican Ouimet. Washtenaw County Commissioner Barbara Levin Bergman donated $200 to Driskell in July 2012. Bergman, who is retiring at the end of her present term, filched over $1,800 from county taxpayers for per diems to which she was not entitled, according to an audit, and has refused to pay back the funds. County Commissioner Leah Gunn, who is also retiring at the end of her present term, donated to Driskell, as well, without endorsing her candidacy. Not to be left out, Joan Lowenstein, a former Ann Arbor City Council member and Downtown Development Authority Board member who called Ward 5 residents “whiners,” and then went on to harangue Ann Arbor voters as “old, stingy and Republican” in a loopy essay published in The Ann in December 2011, gave Driskell’s campaign $100.

Lowenstein, Gunn and Bergman last teamed up to endorse and support Ward 1 Council candidate Eric Sturgis, whose campaign imploded thanks to his lies about his academic credentials, as well as behavior that included angry outbursts at public debates, and removal of his opponent’s campaign signs—captured in photos by the local news blog. Prior to that, the three women backed the losing campaigns of former Ward 2 Council member Stephen Rapundalo, and Ward 3 City Council candidate Ingrid Ault.

Driskell, like Ouimet, is behind a multi-million dollar bungled push for regional transit. She writes on her campaign website: “Likewise, transportation projects such as light rail, commuter rail, regional busing, and the other parts of our comprehensive transit plan come closer to becoming a reality every day….By thinking strategically and comprehensively about how we can utilize these resources in the most efficient way possible, we can offer our businesses and residents a host of options for moving their products and getting around. Implementing this strategy sends a clear signal — particularly to the young, talented, highly-educated workers and the knowledge-economy businesses that employ them — that Michigan is the hub for innovation and entrepreneurship.” Driskell is serving up a heaping plate of Demublican babble, and her platform on transportation should be readily recognizable as the Republican Party line in Lansing.

Thus, it should come as no surprise that her 2012 pro-education, pro-life, pro-rainbows, pro-unicorns and pro-regional-transport campaign platform is very similar to Ouimet’s in 2010. Whereas Driskell has the endorsement and support of unions, Ouimet has the endorsement and support of associations: business associations, builders and contractors associations, insurance associations and the NRA.  He even managed to land the 2011 Legislator of the Year award from the Michigan Townships Association.

If, as Representative Jeff Irwin suggests, Ouimet is a turncoat moderate Republican who campaigned as a pro-life, pro-education candidate only to have “voted against both ideals during his time in the House,” what should Democrats expect from Gretchen Driskell—a woman who supported the Republican candidate for governor in 2010, and who touts her support of the Ann Arbor SPARK “job creation” scheme, a taxpayer black hole that has earned the scorn of conservative political analysts at the Mackinac Center, as well as harsh criticism from newspapers such as the Lansing State Journal, and the Detroit Free Press?

Is Driskell a turncoat Democrat?

Some would argue that any sitting Democratic mayor who supports a Republican gubernatorial candidate over the Democratic candidate is worse than a turncoat. In some states, such disloyalty is punished by tossing the politico out of the party on her/his ear. The question, of course, is whether over the past 14 years in office, during which time she has cavorted with Ann Arbor’s Democrats-for-ALEC, Driskell sold her political soul. She wants to replace the Republican who has disappointed his independent and Democratic friends—friends who perhaps naively believed that he would, as a freshman legislator, stand up to the Republican majority and vote away his chances for re-election. Ouimet may have been caught buying his Master’s degree from a diploma mill, but he is no fool; the Michigan GOP rewarded him for his staunch loyalty with a redrawn district that protected his Republican base, and perhaps even expanded it a bit.

The race in the 52nd District boils down to a political conundrum: Voters must choose between a Republican who managed to convince naive Democrats and independents that he would be a moderate, and a classic Washtenaw County Demublican who wants to convince naive Democrats and independents that she is a progressive. The problem, of course, is that many who run as Democrats in Ann Arbor and Washtenaw County belong to the party of Political Opportunism. With her support of Snyder in 2010, her enthusiasm for the SPARK boondoggle, and her subsequent campaign condemning Michigan’s Republican leadership, Driskell is skating on some very thin Democratic ice.

Officials from the Michigan GOP don’t expect her to unseat Ouimet. However, at least one Michigan political analyst in his comments to the local media said that Driskell’s race in the 52nd District was “winnable” by a Democrat and suggested she could, possibly, ride in on President Obama’s coat tails—that is, if local Democrats and independents come out and vote in the same numbers they did in 2008. Will they? That is, literally, a million dollar question. While both DNCC and RNC officials expect Obama to take Michigan, it’s by no means clear that voter turn-out will equal 2008 numbers.

by P.D. Lesko

Michael Woodyard is either Gandalf or Saruman, it just depends on whom you ask. He is challenging Judge Timothy Connors for his seat on the 22nd Circuit Court, a seat Connors has either warmed, or filled admirably, depending on whom you ask. In Washtenaw County, local lawyers simply don’t run against judicial incumbents. Lawyers will explain that it’s because a lawyer who challenges an incumbent and loses could then end up appearing before the incumbent. The obvious fear is that the incumbent judges would hold grudges against their opponents and then make them suffer for it. Considering the fact that judges are supposed to be the adults in the room while lawyers and litigants squabble and scrabble, the prospect that judges would behave vindictively because they had to run for elective office rather than get a free ride every few years should get a little more press than it does.

In Oakland County five incumbent circuit county judges are fending off challengers this election season. It is suspected that a single litigant may be secretly targeting one or more incumbent judges, as the challengers have been the beneficiaries of a million-dollar ad blitz funded by an unknown donor or donors using out-of-state corporations to conceal their identity and motives.

Michael Woodyard (right) lives in Washtenaw County, but works for the Wayne County Prosecutor. Thus, he stands to suffer little professional fall-out as a result of his run against Judge Connors—at least in Wayne County. Here in Washtenaw County, an anonymous letter allegedly mailed to Woodyard urging him to withdraw from the race suggests that his name will be mud should Woodyard “force” local members of the Bar to pony up money to fund Connors’s campaign. Of course, the letter writer implies the local Bar Association and its members are forced to pony up to cover the campaign costs of the sitting judge. Perhaps members of the local Bar prefer to think of it as extortion, rather than blackmail.

A2Buzz.org was created in 2005, and the domain name doesn’t expire until 2014. In a nutshell, the site claims to have been “instrumental in exposing the behavior of  Timothy Connors – Washtenaw  County Circuit Court judge.” The site is outdated, and many of the links broken. Rob Packard, the reporter who allegedly had this to say about Connors in a quote from A2Buzz.org, works at WNWO in Toledo, Ohio:

“As an award winning television journalist, I am frequently required to attend court hearings.  I have a great deal of respect for judges and their position.  In the hearings I attended in this matter, I observed Judge Connors to be rude, constantly interrupting, inattentive, rolling his eyes, sighing, yelling, avoiding eye contact, staring out the window.  I was shocked. There was a clear sense of bias in Judge Connors demeanor.  I have covered federal, civil and criminal court cases for more than a decade. I have never witnessed such a mean and biased behavior in any Judge before.”

Several comments posted anonymously to AnnArbor.com in response to Woodyard’s announcement that he intended to run for the Circuit Court were similarly pointed about Connors’s demeanor in his courtroom. In both 2000 and 2006, Judge Melinda Morris pulled down thousands more votes than her colleague Judge Timothy Connors when they both ran for re-election unopposed. In 2006, when he last ran for re-election, Connors got a little over 65,000 votes out of the 135,126 ballots cast.

To be sure, Michael Woodyard will be outspent, and he will have to make do with just a fraction of the endorsers and endorsements the incumbent will have. However, over the past three years, voters in Ann Arbor and Washtenaw County hasve delivered some rude surprises at the polls both to entrenched political candidates, as well as to supporters of ballot proposals that seemed sure to pass, then didn’t. Could Woodyard win? In a 1999 issue of Court Review, a piece about public confidence in our court system argues that, “For most of our nation’s history, perceptions of, and public trust and confidence in, the U.S. Supreme Court have served as the bellwether of the public’s attitudes toward the judiciary. Indeed, people’s opinions about the U.S. Supreme Court seemed to dictate the general attitude toward the judiciary.” If this is true, it’s bad news for Connors. According to a July 2012 piece in the New York Times, the U.S. Supreme Court has an approval rating of just 40 percent. The Pew Research Center’s measure of favorability concerning the U.S. Supreme Court for 2012 is the lowest in 25 years.

A2Politico: Tell us a little about yourself, your connections to Washtenaw County.

Michael Woodyard:  My family moved to Southeastern Michigan in 1976, when I was 10. I lived in Ypsilanti while I attended Eastern Michigan University, graduating in 1997. In 2002 I bought a home in Ann Arbor. I’ve lived here since, and my kids, now 10 and 8, are enrolled in the city’s public schools.

I find the question of community ties for judicial candidates fascinating. Voters who are choosing a candidate for a policy-making elective office like city council or state representative probably would want someone in office who is just like them. Having someone who has lived their whole life in town might be a good way to tell if someone is like you. But a judge doesn’t make laws or policy. A judge interprets the law as it is written, and the law is the same in Ann Arbor as it is in Ishpeming and in Detroit.

We are very fortunate that Washtenaw County, with the University of Michigan and Eastern Michigan University and various auto suppliers and tech companies, is a destination for people from all over the world. So it’s quite possible that you will find tremendously qualified people who haven’t lived here their whole lives. Basing one’s decision on who to support whether the candidate’s parents went to Huron High School sort of ignores the well-qualified folks who came here later in life.

The law requires that a judge live in the circuit in which he or she serves. So in that respect, my connection to Washtenaw County is important. This is my home, this is where my child was born, were my kids go to school. But insofar as a connection to the community makes it more or less likely that I’ll be a “good” judge, I don’t think that’s an apt data point.

I think a more appropriate question is: how much experience do I have in court, what sort of experience do I have in advocating for justice, will I hold everyone equally accountable before the law, no matter if they’re rich or poor, black or white. And on those points, I am proud of my record, and confident I will serve with distinction.

A2Politico:  Generally, sitting judges get free rides during elections because lawyers who work in the same county are afraid to challenge them for office. You live in Washtenaw County, but work in Wayne County. That explains why you don’t have to fear professional retaliation in Washtenaw County for challenging an incumbent judge, but what makes you think you’ll do a better job than a jurist whose been there since 1997?

Michael Woodyard:  The Circuit Court has jurisdiction over felony criminal cases, certain civil cases, divorce, adoption, child protection, child custody, juvenile delinquency, and other matters. All of these are important areas of law, but the heart of the court lies in its administration of criminal justice. And as a 10-year veteran of the Wayne County Prosecutor’s Office, I have an expertise and depth of experience in law and the administration of justice that is not matched by any other candidate.

According to the Michigan Code of Professional Responsibility, a prosecutor has the responsibility of a minister of justice and not simply that of an advocate. So as a “minister of justice,” I have fought for 10 years on behalf of children and families. I’ve represented the People of the State of Michigan in 20 different district courts and in front of 27 different circuit court judges. I’ve tried more than 100 cases to verdict before juries and judges. I’ve handled more than 800 arrest warrants. I have an intimate and deep familiarity with the workings of the system of justice.

My opponent has been assigned a civil docket for the past 15 years. These cases are important, with real people trying to resolve important questions. But my opponent simply doesn’t have the depth of experience that I have in criminal law, in advocating for justice under difficult, adversarial circumstances. It is that rich experience that makes me uniquely qualified to serve as judge.

A2Politico:  Who’s on Team Woodyard, helping you with your campaign?

Michael Woodyard:  My campaign is a completely grass-roots effort. The everyday staff consists of me and my girlfriend, Veena Kulkarni, a magnificent concert pianist, teacher, and gracious thinker. Ebru Uras, a friend and former United States Foreign Service officer, is contributing her expertise. Several attorneys I work with are involved. We’ve got a number of strong supporters at our church, and of course, my kids are a big help, too.

A2Politico:  Both you and Judge Connors are on Facebook, and you’re on Twitter. Is social media playing a significant role in your campaign?

Michael Woodyard:  Social media is a great way to keep supporters up to date on what’s going on, to invite folks to events, and to share information about the campaign.

In fact, we recently updated my website (woodyard4judge.com) to provide direct links to court opinions and government documents containing information about my record and my opponent’s record, so voters can see the facts, without any spin or campaign gloss. This is a terrific way to fold important campaign information and digital technology into a seamless presentation.

A2Politico:   Judge Connors was appointed by a Republican governor (Engler). While judgeships are technically non-partisan, politicos-in-the-know understand that Michigan’s bench has become politically polarized. Where do you fall on the political spectrum?

Michael Woodyard:  I’m a life-long Democrat, and my perspective on the law is formed with a background in prosecution. I believe that we all have a responsibility to work to improve society, and I also believe that people must be accountable for their conduct. I think that interpretation of statutes should be careful, and precedent must be followed. The law is the law, and my conviction is to apply it fairly and with integrity, regardless of who the lawyer is standing in front of me, regardless of the social status of the litigants.

A2Politico:  A2Politico has been getting emails from local lawyers about the fact that Judge Connors works for the University of Michigan as a Lecturer (with a .9 appointment and a pro-rata salary of $609,145.78 as of 2011) and yet he refuses to recuse himself when cases involving the University of Michigan come before him. Should a Circuit Court Judge recuse himself from hearing and ruling on cases that involve his employer, or is this a tempest in a judicial teapot?

Michael Woodyard:  Michigan Court Rule 2.003 lists a variety of situations in which a judge might disqualify himself, or in which a party may seek a judge’s disqualification. One circumstance is when the judge has “more than a de minimis economic interest in the subject matter in controversy that could be substantially impacted by the proceeding.”

I suppose one would have to argue that my opponent could get fired from his $54,000 a year teaching job at U of M if he doesn’t rule in favor of the university, and he therefore has a direct interest in the outcome of the cases. But that is nothing more than speculation, and probably not true, anyway.

What isn’t speculative, however, is that his substantial paycheck from the university – and his wife’s new appointment as a family law professor at the university’s law school – raises fair questions about the appearance of impropriety. And that is the subject of a few provisions of the Michigan Code of Judicial Conduct.

“Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.” M.C.J. Canon 2 (2)(A)

In particular, while a judge is encouraged to teach and take part in activities that promote understanding of the law, the “judge should refrain from financial and business dealings that tend to reflect adversely on the judge’s impartiality or judicial office, interfere with the proper performance of judicial duties, exploit the judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the court on which the judge serves.” M.C.J. Canon 5 (C)(1).

If a judge takes in about $54,000 from a teaching job at the U of M, and his wife also is employed by the University as a law school professor, at the same time that the judge regularly rules on controversies involving the University, those facts alone do not appear to violate any specific canons or rules of ethics. The situation may, however, raise a legitimate question about the appearance of impropriety. And that is a question that each judge will have to answer for himself.

A2Politico:  In May, you allegedly received an anonymous letter (which you posted to your Facebook page) urging you to drop out of the race. It wasn’t a threat, per se, but nonetheless it wasn’t very sporting to suggest anonymously that you have no business running for office because you don’t practice in Washtenaw County, and will cost members of the local bar money when they are be forced to contribute to Judge Connors’s re-election campaign. The letter does make a fair point that few in the political/legal communities in the county know you, professionally. Someone recently suggested to A2P that you’re either very brave or extremely foolish. Which is it? A little of both, maybe?

Michael Woodyard:  Judges are required to act on behalf of litigants and the community, not on behalf of their friends or local attorneys or the political classes. So the question is really whether the voters think my decade of experience fighting for the rights of children and families who have been victimized by crime in one of the largest and busiest and most violent jurisdictions in the United States qualifies me to fairly and justly determine controversies as judge.

I also think it’s fair to point out that “professional,” for a lawyer, has to do with written and oral advocacy, and the lawyer’s demonstrated abilities to be just. That is a different question from whether one talks to a lawyer at bar association functions, or if one thinks the lawyer is a nice guy.

That said, I’m neither brave nor foolish. I am dedicated to public service, and committed to the ideas of accountability, safety and community. Since at least 1954, Michigan law has provided for contested, non-partisan election of circuit court judges. Local media has reported that this race is the first time that an incumbent Washtenaw Circuit judge has been challenged. I think that’s a shame. I think that a judge, like any elected public servant, should be proud of their record and should place that record before the electorate every chance he gets. And if the electorate thinks another person has the qualifications needed to fulfill those specific duties, than someone else should be elected.

A2Politico:  How’s the fundraising going? Care to share how much money you’ve raised thus far for your campaign? Have you self-funded at all?

Michael Woodyard:  Our campaign is a grass-roots labor of love. I haven’t raised tons of money, I haven’t gotten donations from PACs or Super PACs. I am supported by friends, family, members of my church, and the many, many people that I meet and talk with about my record.

I predict that when financials are reported by the state Bureau of Elections later this month, you will see that my opponent has crushed me in terms of raising money from local attorneys, PACS and members of the political and social establishment.

A2Politico:  You endorsed a candidate in the August primary. A2P got a tip that this is against the Judicial Code of Ethics for Michigan Judges. You’re not a judge, of course, so it’s a moot point, and we told our tipster to take two aspirin and call us in the morning. However, one would expect a candidate for judge to know the rules about endorsing in political contests. Then again, Michigan Supreme Court candidate Bridget McCormack, just endorsed Judge Connors and he graciously accepted it via his blog. Care to comment?

Michael Woodyard:  It’s not a moot point. The particular canon prohibits the endorsement of candidates for non-judicial elected office, and applies to judges and candidates for judicial office as well. Frankly, I was very surprised when you asked me this question, because I haven’t endorsed any candidate for non-judicial office. (In fact, I had to ask you whom I had endorsed!)

It turned out that I attended a fund raiser in May, 2012, for Chuck Warpehoski (my girlfriend serves on the board of the Interfaith Council for Peace and Justice, an organization of which Chuck is the director), and the names written down on the sign-in sheet ended up on Chuck’s website under the heading “endorsements.” When you brought this to my attention I immediately asked Chuck to take my name off the list, and he did.

A2Politico:   You write on your website: “As judge, Mike will bring his passion for service to every decision he makes. He will respect the law, not bend it to favor rich or poor. He’ll respect the office, recognizing that a judge, like everyone else, has to earn your trust every day. And Mike will respect the people who appear before him, treating everyone fairly, ensuring that justice is served.” Certainly, several comments in response to the AA.com article in which your candidacy was announced, suggest Judge Connors should be voted out of office. Are you intimating that Judge Connors bends the law to favor certain groups, or treats petitioners and attorneys unfairly?

Michael Woodyard:  I am simply sharing what I value, how I will comport myself as judge. I will respect the law, the litigants and the system of public justice. I will devote myself to improving the community through fair, evenhanded and predictable application of the law. I’ve seen the comments and talked with lots of people in the community, but I have not appeared in front of Judge Connors. I would let attorneys and others who have appeared in front of Judge Connors discuss his judicial temperament.

A2Politico:  Campaigns for judgeships are the condiciones sine quibus non for a game of insider political baseball. Can you finish up by explaining (without using Latin) why the race for this circuit court judgeship should matter a lot to the average citizen? How does a circuit judge touch the life of an average voter?

Michael Woodyard:  Circuit judges are involved in the most important issues affecting a person’s life: child custody, divorce, felony criminal cases, civil disputes, and family matters of various types. A circuit court judge has a far more direct and immediate effect on the individual appearing before the court than do all of the larger structures of government. And by assuming such a direct role with the individual, the court, by extension, plays an essential part in the community.

These are the things I’ve learned over the past decade, representing the People of the State of Michigan in court every day of the week. The circuit court can be a partner in the community, working to foster a sense of accountability, to improve and maintain safety and to strengthen the community by dispensing justice in a fair, evenhanded and predictable manner. As judge, that is what I will do.

Politicos who miss campaign finance deadlines often make headlines. How politicos handle their own campaign finances is seen as a relevant gauge to determine how honest and responsible they’ll be if put in charge of taxpayer money and resources. In Vermont, the state’s Democratic Party Chair generated significant media interest after several GOP candidates there missed campaign finance deadlines. In New York, a Democrat hoping to take on a long-time Republican state lawmaker missed a July 2012 campaign finance deadline and was slammed in the local media by the GOP for not being able to mount “a credible campaign.”

In the heated 2010 Michigan State Senate race between Democrats Pam Byrnes and Rebekah Warren, Warren missed a campaign finance filing date, and Byrnes’s campaign made hay by using the mistake to bring up a host of issues, including the suggestion that Warren was using her PAC to circumvent campaign finance laws:

“Sadly, Ms. Warren has a history of this as the treasurer of MARAL,” said Byrnes’ campaign manager, Kent Sparks, citing records that show Warren was late in submitting other campaign finance reports in 2006 and 2007 as treasurer for the Michigan Abortion & Reproductive Rights Action League PAC.

The latest campaign finance reports show Warren, D-Ann Arbor, has raised $140,968, compared to the $199,558 raised by Byrnes, D-Lyndon Township. The reports also show Byrnes had outspent Warren $119,536 to $74,688 as of July 18, the reporting period ending date.

Byrnes’ campaign also claims Warren worked around campaign finance laws to channel an extra $5,000 above and beyond the amount permitted by state law from her Envision Michigan PAC to her Senate campaign.

Records show Warren gave her campaign a boost in December by transferring $10,000 from her Envision Michigan PAC, the most allowed under state law. Five days later, the PAC made a $5,000 contribution to state Rep. Marc Corriveau, D-Northville, who gave $5,000 to Warren’s campaign the same day.

Lawrence Kestenbaum (pictured, right) is the Washtenaw County Clerk. He makes sure candidates complete campaign finance documents correctly and on time. Mistakes can be costly. Ann Arbor Ward 1 City Council candidate Eric Sturgis missed the recent September 6, 2012 post-election campaign finance deadline. This revelation may come as no surprise to 55th District Michigan House candidate Adam Zemke. In 2010 when Zemke ran for the Washtenaw County Board of Commissioners, Sturgis was his campaign treasurer. With Sturgis at the helm of Zemke’s campaign finances, the campaign hit a host of campaign finance icebergs. County Clerk Kestenbaum nabbed Zemke’s campaign for incorrectly filling out the primary pre-election disclosure form, and for turning it in late. Zemke also got a love letter from Larry Kestenbaum for failing to file an Annual Statement.  The multiple campaign finance violations in his 2010 campaign cost Zemke $2,495—fines he didn’t pay in full until six months after he set up his Adam Zemke for State Representative campaign committee.

Like Zemke, Ann Arbor Ward 2 Council candidate Sally Hart Petersen got slapped with fines from Kestenbaum for campaign finance violations, and her failure to file required disclosure forms. On September 6, 2012 Petersen’s campaign was sent a letter assessing her campaign a $2,050 fine for failing to disclose late contributions. The day after Petersen submitted her pre-election campaign finance forms for the primary election, Kestenbaum’s office notified her that her campaign had accepted donations above the legal limit from individuals.

If Zemke and Petersen were newbies when they made their campaign finance violations, experienced politicos have also gotten netted by Kestenbaum’s office, as well. In 2009, the Washtenaw County Clerk caught Ann Arbor 1st Ward Council member Sabra Briere accepting an illegal $1,000 contribution from local developer Dennis Dahlmann. She was forced to return $500 of the $1,000 donation to the donor and to amend her campaign finance statement for the reporting period. Ann Arbor Ward 3 Council member Stephen Kunselman, who was initially elected to Council in 2006, has been cited by Kestenbaum’s office on a regular basis for missing campaign finance deadlines, and for failing to submit campaign finance disclosure forms. In total, since 2009 Kunselman has been fined (and paid) $1,625 in late filing fees. To put the amount of the fines in perspective, in 2009 Kunselman spent less than $3,000 on his campaign. Ann Arbor Ward 5 Council member Mike Anglin, conversely, first elected in 2007, has never turned in a campaign finance disclosure or statement late, or been fined for any campaign finance violations.

Campaign finance deadlines are absolute. The County Clerk can’t extend deadlines for the political pals to whose campaigns he donates, or overlook illegal contributions without risking prosecution and, quite possibly, jail time. Similarly, Larry Kestenbaum is subject to the same reporting deadlines and donation limits he is expected to enforce. Kestenbaum missed the September 6, 2012 deadline for filing his post-primary election campaign finance disclosure forms. In 2011, Kestenbaum (like Adam Zemke) was late filing his Annual Statement, and paid a modest $25 fine. He will owe a fine for failing to file his post-primary election campaign finance forms, and that fine grows by $25 for each business day the forms remain unfiled by the Washtenaw County Clerk with his own office.

When Kestenbaum ran for County Clerk in 2004, he spent $24,629 on his campaign and ended up with $13,561.14 of campaign-related debt. He self-financed his own campaign for County Clerk to the tune of $13,122.14. As of his latest Annual Statement, Kestenbaum’s campaign was still $9,822.14 in debt.

Wayne County Clerk Cathy Garrett was first elected in 2001. When she ran in 2008, she raised $44,100 and her campaign currently owes no debt. According to campaign finance documents available online, she has never filed any of her required campaign finance documents late, or been assessed by her own office for any fines for violations of Michigan’s campaign finance laws.

In Oakland County, the Clerk’s Office provides a handy list of all ballot question and campaign committees owing fines. There are currently 98 such entities that owe Oakland County in excess of $150,000 total. Oakland County Clerk Bill Bullard, Jr. is new to the job, but he did remember to file his most recently required Annual Statement, an 84-page financial disclosure that shows his campaign committee took in $73,383.69 in contributions during the reporting period, and, like his Wayne County colleague, has a campaign committee that is debt free. Similarly, in Macomb County the clerk there, elected in 2004, has never missed a campaign finance statement or committee finance statement filing deadline.

In fact, Washtenaw County Clerk Lawrence Kestenbaum is the only county clerk in Michigan who failed to turn in his most recent Annual Statement on time, and who failed to turn in the required post-primary election campaign finance forms by the September 6, 2012 deadline, according to campaign finance information available online for county clerks whose names appeared on 2012 primary ballots in Michigan counties. Michigan Secretary of State Ruth Johnson announced on July 27, 2012 that a U.S. Department of Justice lawsuit is imminent after local city and township clerks in 70 Michigan communities missed state and federal deadlines for providing absentee ballots to military and overseas voters for the August primary election. On this issue, Larry Kestenbaum can breathe easy; Washtenaw County does not appear on the official list of the 70 counties targeted by the DOJ.

by P.D. Lesko

Democrat Christina Montague wants to represent Ann Arbor on the Washtenaw County Board of Commissioners. A politico who served on the BOC for 12 years, she is running to “return” to the BOC and wants to represent District 7—the seat being vacated by Barbara Levin Bergman. This is from Montague’s campaign web site:

Many answers to local challenges are found in increased efficiencies within government, partnering between agencies, and pursuing more enhanced public-private partnerships. Also in looking at fair and equitable health care and pension reform for new employees just entering county government.

My focus as a County Commissioner will be ensuring accessible, responsive, and responsible constituent service. In addition, I will make sure residents/constituents of the district are well represented on the Washtenaw County Board Of Commissioners.

I am a problem solver. I examine the problem or issue. I do my homework. I aggressively research all of the options and their outcomes. I consider the best possible solutions. And then I vote my conscience.

What makes me the best qualified for the job? I am for the PEOPLE! I have decades of experience working directly for the citizens of Washtenaw County and for the residents of the district on the issues and concerns that matter to them. I am a forward-looking person, who plans for, anticipates, and is prepared for the future. And I have the demonstrated ability to work across party lines to get things done.

My political philosophy is one of believing in “good government” that strives to be as effective and as efficient as possible in fulfilling its legal mandates as well as implementing thoroughly thought out discretionary projects and programs that have been identified as priorities by the community.

This information is followed her phone number and email address.

Her opponent, Andy LaBarre’s campaign web site has a contact form. Don’t call Andy; Andy will call you. There is no phone number for LaBarre or even an email address on his campaign web site. Despite that difference, LaBarre’s web site is populated by similarly upbeat prose. He is for the “small businesses” in the county and “economic development.” He will work to bring “jobs to Washtenaw County.” He’s for human services, and wants to protect the environment. Evidently no one told him the county’s air and water need to be first cleaned up and then protected. He supports immigrants, parks and gay rights. Read his campaign web site and you get the impression that Andy LaBarre is for puppies, rainbows, unicorns and would cure cancer if you’d just give him enough time and money.

Christina Montague (standing, left) formerly served on the Washtenaw County Board of Commissioners, and as the President of the Board. She was a member of the Michigan Education Association for 32 years and a former member of the UAW. Yet Andy LaBarre is the candidate with all the endorsements of the local Democratic Klan members, as well as support from local affiliates of the UAW and AFL-CIO. Why? It’s simple: Montague is a candidate of the 99 Percent. Andy LaBarre, on the other hand, is a smooth, savvy political operator. He’s calling in favors and running for office on the connections he made while working as a staffer for Representative John Dingell. Politically, LaBarre is the 1 Percent Poster Boy local Dems want to see seated on the Board of Commissioners, because they know he can be counted on to play ball. They’re not so sure about Christina Montague, a black women who has plenty of education, as well as over a decade of prior experience in elected office. She doesn’t drink beer with Ann Arbor County Commish Conan Smith, and won’t need him to tell her how she should vote.

Christina Montague tells voters she will be “for the people.” Montague is also a political candidate of the people: her run is being financed by donations from individuals in District 7, where she’s campaigning. LaBarre, on the other hand, like his former boss Dingell, has raised funds from PACs and out-of-District donations, such as a $500 donation from the Airline Pilots Association Director of Governmental Affairs, whose office is located in DC.

A2Politico caught up with Christina Montague via email.

A2Politico: Why do you want to return to the Washtenaw County Board of Commissioners? Why now?

Christina Montague: I  will be the voice for the people and utilize my years of  experience  as a Community Leader and  seasoned Ann Arbor Public Schools Social Worker with a reputation for doing a good job.   I am a former County Commissioner who served 12 years on the Board.  I had the honor of  my fellow County Commissioners electing me  as  Chair of the  Board.  I am committed and have a vested interest in this community.  I know what makes County Government work and I know what the needs are.  I have worked with the State and  Federal government to bring those “hard to find” Federal dollars back to Washtenaw County.  It’s about developing and maintaining relationships and I have them.

A2P: The Washtenaw County Board has a member currently seeking re-election, as well as members who are no longer serving, who took per diem money that an outside audit concluded they were not entitled to take. Are you willing to stand up for county taxpayers and demand the missing money be returned?

CM: If it has been found that the per diem money should be returned, arrangements should be made to return the money in a timely manner.

A2P: You’re running against a candidate who’s a political insider, and who has the support of the retiring incumbent, do you see your candidacy as one of an underdog?

CM: My background, experiences and expertise set me apart from someone with endorsements. I’m a forward-thinking person, and I’ve done it (served on the BOC) and have been asked to do it again.  Return me to Washtenaw County Board Commissioners — a proven leader as your County Commissioner for District from 7. Not only will I work for  District 7, I will work for Washtenaw County,  the State of Michigan  and our wonderful country the United States of America.

As a former Chair of the Board of the Washtenaw County Commissioners, I possess invaluable local, state, and national expertise and experience with obtaining federal project dollars for projects that have benefited Washtenaw County.

I am a social worker by training, with a sensible approach towards Human Services.  I have a long and solid record of providing support for middle class families and children and being an ear and voice for senior citizens, the disable and our most vulnerable.

A2P: Former County Commissioner Kristin Judge and Commissioner Wes Prater worked together to put the county’s checkbook and credit card statements online. After Judge left the BOC, the drive the put financial information online stopped. Are you prepared to take up where Kristin Judge left off and continue to make sure that credit card statements and the county’s checkbook, as well as other financial information, gets posted to the county’s website?

CM: We who run for political office are servants of the people. I feel it is best practice and best policy for the citizens we represent to know when and how we spend the taxes dollars and funds they entrust to us to provide services and do the work of the County Government.  Yes I support credit card statements and the county checkbook being posted on the county’s website.

A2P: Do you support the 4-Party transit agreement that would expand AATA service countywide in exchange for a hike in taxes?

CM: Regional transportations’ time has come and I support it.  I feel it is only fair those local communities in Washtenaw County and border communities that currently benefit and will benefit from regional transportation to all contribute their fair share of the cost.

A2P: Washtenaw County and Ann Arbor have some of the dirtiest air and water in the U.S. according to EPA records. As a Commissioner, what are your plans to see that Washtenaw County tackles its environmental problems, including the Pall Plume, which is making its way toward the Huron River?

CM: I feel community environmental impact tests should be the norm. It is  important that citizens have all the vital information about issues impacting their community.  Keeping communities safe from oil spills, polluted drinking water and polluted lakes is more important to everyone.  The environmental area is one that I will be actively involved in.

A2P: Looking at the current Washtenaw County budget, there is another projected deficit. What are your plans to close that gap? What are your ideas for revenue generation and for cuts?

CM: You have to focus and look inside the organization and see where we are spending the money.   Knowing the history of ways to save by considering what has worked or what hasn’t worked in the past.   Look at what services are mandated and what services not by looking at everything.  Plan for the long and short and invest in the future by addressing the critical issues affecting our citizens right now.  My  experience in this community puts me at an advantage to understand the depth of the problems and gives me  a quick start on developing the best economical and realistic solutions to those issues.

A2P: Why should Washtenaw County voters choose you? How does your experience as a former Chair of the BOC outweigh the political endorsements of your opponent?

CM: Sometimes with a lot of the same old endorsements you get the same old thing.  I have a proven record of working effectively and successfully with democrats and republicans.  As Chair of the Board you must lead and have the ability to bring   commissioners together to work effectively  who often  have competing agendas.  I don’t see ideas as democrat or republican.  I see them as positive or negative and will they benefit the citizens of Washtenaw County.

What do I bring?

• An ability to enhance the debate—the discussions
• Help make better decisions
• I bring a different and important perspective way of solving problems
• I will use my experience; leadership and knowledge of the inner workings of county government to work vigorously represent the citizens of District 7 and the larger   Washtenaw County Community.

A2P: On your website you write, “I am a local person with valuable local, state, federal, and international experience in public service and politics.” Can you give specifics of each kind of experience to which you point?

CM: My leadership in Washtenaw County and Michigan provided me an opportunity to be elected by County Officials nationally to the represent them on the Democratic National Committee.(DNC) While serving on the DNC I later was one of ten people  selected out of group  four hundred from across the country to serve as a Goodwill Ambassador in Taiwan. I was chosen by the Democratic National Committee and the Taiwan Embassy in Washington DC. We were guests of the President of Taiwan, and he held a State Luncheon in our honor.  Our delegation met his top cabinet officials and  also received a briefing from top military leaders.  We met with political party leaders where we discussed China and Taiwanese relations.  This international political experience was a life-changing experience for me, and I am so thankful for the wonderful opportunity.

In 2008 I was state-wide chairperson for Michiganders for Obama, which was a  grassroots group supporting the then U.S. Senator Obama.  Senator Obama’s name was not on the ballot in the democratic primary and after much research I came up with the idea of voting “Uncommitted” which garnered over forty percent of the primary vote.  It was a big success to get people to vote “Uncommitted”.  Major news outlets in the United States and Internationally interviewed me concerning the “Uncommitted vote”  Some Examples:  New York Times, Detroit News, Ann Arbor News, CNN, London Sunday Times

I have served as a democratic national convention delegate for the Presidential Campaigns for: Jesse Jackson,  Bill Clinton, Al Gore, John Kerry and President Obama.

I spent two weeks in New Orleans and Baton Rouge LA.  as a Red Cross Hurricane Katrina mental health relief  worker.  I counseled men, women and children in a shelter for the homeless.

A2P: You support public-private partnerships. Can you point to local PPPs that you think worked out particularly well for taxpayers?

CM: Many  involves Workforce Development, Community Services and Human Services.  I was a leader in developing the downtown homeless shelter with onsite comprehensive services to more help more people move from homelessness to  permanent housing.

A2P: Outline your vision for “fair and equitable health care and pension reform for new employees just entering county government” and explain why reform should not include current employees, for whom legacy costs are enormous.

CM: Changes in new employee compensation gives those individuals a choice if they want to work for Washtenaw County.  Promises have been made to current employees and their legacy costs will need to be negotiated if any changes are made.  It is important to work together with current employees to address ways to help the county meet its financial responsibilities.