Detroit (WWJ) -- Conceding there has been no bias, Wayne County Circuit Court Chief Judge William Giovan has rejected an appeal from the county prosecutor's office to disqualify a judge and the entire bench in the criminal case against Detroit Mayor Kwame Kilpatrick and his former chief of staff Christine Beatty.
Judge William Giovan heard arguments from Prosecutor Kym Worthy's office to remove Judge Ronald Giles and his 36th District Court peers and ruled against the appeal Monday afternoon.
Worthy said in a statement late Monday afternoon that she will appeal the decision to the Michigan Court of Appeals.
In his ruling, Judge Giovan says everybody conceded there's no bias by Judge Giles, although it may have the appearance of impropriety if he were to hear the case. Giovan says that in Michigan, the rule is to prove bias. He says even if it were different, he says the claims made by the prosecutor do not rise to the level of the appearance of impropriety by Judge Giles.
Mayor Kilpatrick reportedly donated one-thousand dollars to the campaign of Giles' wife who won a seat on the Detroit Public Schools Board of Education.
District court judges preside at preliminary examinations and decide if cases move on to circuit court for trial.
Worthy's efforts are an attempt to influence the selection of a judge to hear the case, Kilpatrick attorney Dan Webb said following Giovan's ruling.
In her statement, Worthy said:
"Actual bias is only one-way that a judge can be recused. Here we have overwhelming circumstances and facts that have been presented that undermine the public confidence in the judge assigned to this case, not to mention the fact that Defendant Kilpatrick controls the purse strings of the court. During my 23 years of practicing law the appearance of impropriety is always a relevant ethical standard that must be considered. In the past, the judges of 36th District have recused themselves in 20 very minor cases at the blink of an eye. In the Kwame Kilpatrick/Christine Beatty case any one of the many reasons for recusal are significant. We must ask ourselves why is this case so different? If it cannot be found in this case, when will it ever be found?"
The statement goes on to say the prosecutor's office "will, of course, appeal this case to the Michigan Court of Appeals. Thanks to the defense attorneys who have requested the extraordinarily delayed preliminary exam date of September 22, 2008 we have time to appeal Judge Giovan's decision. We have appellate courts to settle questions of law and to resolve disputes. This is especially necessary where there is such confusion regarding the issues raised regarding the recusal of Judge Ronald Giles of the 36th District Court."
Kilpatrick and former Chief of Staff Christine Beatty face a Sept. 22 preliminary examination before Giles.
The felony charges stem from testimony during a whistle-blowers' trial when both denied having a romantic relationship. Kilpatrick and Beatty also are accused of lying under oath about their roles in the firing of a top police official.
Excerpts of intimate and sexually explicit text messages between the mayor and Beatty were published in January by the Detroit Free Press and contradicted their testimony.
The Detroit City Council has voted to pursue forfeiture of office proceedings against Kilpatrick and to ask Gov. Jennifer Granholm to remove the mayor for misconduct.
Click here for articles related to the text message scandal.
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