Ruling on Appeal of Removal Hearing Could Come at Any Time

Detroit Free Press

Sep. 2--The Michigan Court of Appeals just heard arguments on whether Gov. Jennifer Granholm can proceed Wednesday with removal hearings against Detroit Mayor Kwame Kilpatrick..

The three-judge panel said they will issue a decision "as soon as possible" and did not elaborate.

The judges approved the emergency motion filed by Kilpatrick's attorneys for immediate consideration to hear the case. The hearing began without the mayor's lawyers, who were seven minutes late.

Kilpatrick's attorneys had said Granholm could not provide fair and just treatment to the mayor because she was biased and said he should resign at a private meeting with parties involved in the case.

The appellate judges were Michael Talbot, Christopher Murray and Kurtis Wilder.

John Wernet, an attorney for the governor's office, said any assertion that Granholm prejudged is "absurd."

"This is not a criminal trial," he said. "The governor will not determine whether the mayor has committed a crime. The sole issue before her is removal."

Wayne County Circuit Judge Robert Ziolkowski ruled earlier today that Granholm could proceed with the removal hearings, scheduled to begin Wednesday morning. Kilpatrick's attorneys immediately appealed his decision to the Court of Appeals.

Granholm's hearings are scheduled for 9 a.m. Wednesday.

Talbot scolded Kilpatrick's lawyer James Thomas for arriving late. Thomas said he got stuck in traffic on the Lodge freeway.

Talbot, raising his voice, later said legal briefs filed by Thomas and Kilpatrick's General Counsel Sharon McPhail "say nothing," in arguing their case.

"What you do is personally attack the governor," Talbot said, adding. "The criminal case will not be heard tomorrow."

Thomas said: "This is not meant to be a slam to the governor. The governor tried to facilitate."

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