UAW President Shawn Fain took aim at Wayne County judges when he joined striking lawyers at a downtown Detroit picket line, accusing the elected officials of intimidation and fear amid a union battle.
Fain joined the public defenders of the Neighborhood Defender Service, part of UAW Local 2325 – Association of Legal Advocates and Attorneys, on Tuesday, July 28, outside of the 36th District Court as the union's fight over a new contract continued. The nonprofit service handles 50% cases for those who cannot afford an attorney in Wayne County – and contempt may be on the table for at least one lawyer.
"Shame on you," Fain told the judges while recording a video for social media, later adding: "UAW members remember at election time."
Some 60 lawyers – of about 80 workers on strike at the Detroit office – handed off their cases to the 14 to 16 supervisors at the service before the strike began July 24. Since then, the union has reported that one district court judge called for a hearing to determine whether contempt is appropriate for a lawyer in the union; the Free Press was probing similar concerns about a lawyer in a circuit court case Wednesday. Additionally, another district court judge took a case away from the service entirely, which put the defendant at a disadvantage, according to his past and current lawyers.
Chief District Court Judge William McConico, in an email on one of the incidents, said judges weren't taking sides in the union matter.
"The Court is a neutral adjudicatory body in this matter and is focused on ensuring that cases proceed in the ordinary course with as little disruption as possible," he said. "Its role is not to take sides in the underlying dispute, but to manage its docket in a way that maintains fairness and continuity for all parties."
Kristine Longstreet, managing director of the Neighborhood Defender Service in Detroit, said that the type of hearings tied to the contempt concerns have numerous possible outcomes, including that the judges simply listen to the attorneys' explanations and let the matter go. They could also see fines or, in some cases, imprisonment.
By the day of Fain's visit, members outside the court were chanting "Show Cause Joe" in support of their colleague, who will appear in front of Judge Ronald Giles in August for a show cause hearing.
Staff attorney Joe McGuire is facing an accusation of contempt, said strike force attorney Jim Gerometta, a member of the Criminal Defense Attorneys of Michigan. The group plans to represent McGuire at the show cause hearing, at which the judge is expected to hear from McGuire and determine why he should not be held in contempt.
Speaking Friday, after news of the show cause spread, Gerometta said it was too early to know why McGuire was facing the accusation.
More: Lawyers for low-income metro Detroiters to strike over health care
But McGuire said he didn't know why Giles would order a show cause hearing, except for the judge taking issue with his absence because of the strike. He called the situation "bizarre, because attorneys step in for each other all the time." He was not certain if the accusation was for civil or criminal contempt.
McGuire was supposed to represent a client on the first day of the strike, July 24, for a preliminary examination to determine if there was enough probable cause to move the case to circuit court and toward trial.
McGuire prepared for the possibility of the strike by sending extensive details on the case to his supervisor days before, having a lengthy conversation with them about the case and alerting his client – who is out on a personal bond − that someone else may stand in for him should the strike begin, he told the Free Press.
Longstreet stood in for McGuire, according to the court records. She declined to talk about the case at length but said the client wanted another court date and their role is to empower clients to determine their next best steps.
Giles adjourned the examination until the same day as the show cause hearing, court records show.
Giles did not respond to a request for comment. McConico responded to other emails but did not address the situation with McGuire.
The Free Press sought information Wednesday regarding concerns of another possible show cause raised at the circuit court level about a trial.
Two attorneys not associated with the service told the Free Press they've declined multiple offers of court-appointed cases in the county in support of the striking attorneys.
For attorney Matthew Dupree, that began after he accidentally took over one of their cases.
Striking attorney Sarah Khan was scheduled to be in district court on Monday, July 27, for a preliminary examination for a case in front of Judge Patricia Jefferson, but, of course, was out on strike.
A supervisor for Khan appeared, explained Khan was on strike and requested an adjournment, said the court's chief judge in response to an email sent to Jefferson.
The prosecutor's office objected, with the victim already present and ready to go, McConico said.
Ultimately, "the Court determined that appointing new counsel was the appropriate way to keep the matter moving rather than delaying the proceedings until assigned counsel became available," McConico said.
Yet, there was a good chance the case could have been dismissed if the supervisor handled the matter and the hearing wasn't rescheduled, said both Khan and Dupree. That's because, they said, prosecutors failed to turn over necessary evidence before the hearing.
Now prosecutors have more time to get that done, said Dupree.
"It was definitely to the disadvantage of my client," Dupree said.
The defendant also is awaiting extradition to a different state and can't begin to handle that matter until the Michigan one is resolved, Khan said.
"Our clients can't be collateral damage," she said.
Going forward, if a supervising attorney can proceed with the case at the district court, they will do so, McConico said.
"However, if the supervising attorney is not prepared to proceed and requests an adjournment, the Court will appoint new counsel so the case can move forward without unnecessary delay," McConico said. "This approach is intended to ensure the efficient administration of justice while protecting the rights of all parties."
The defender service does not comment on active litigation, but those sent to cover for striking attorneys "are fully prepared to advocate for assigned NDS clients," said Shannon Anglero, deputy executive director for the service.
"Supervisors are prepared to respect the court's time, apprise the judge that the assigned lawyer is currently on strike, and ensure that every single client has an advocate standing next to them," she said.
Dupree said there are concerns for the justice system in Wayne County should this strike keep going, as there are too many public defense cases for outside court-appointed attorneys to take.
Lawyer Dennis Whittie, who is declining all Wayne County court appointments overall until the strike ends, said taking those cases right now would be like crossing the picket line and lessening the pressure on leaders.
He's been getting four court appointment offers a day when he normally gets one, he said. He did watch a supervising attorney for the service handle a sentencing in front of him Wednesday.
The quality of her work was great, he said. But she then sprinted to her next case.
"They're running pretty ragged trying to cover everything," he said.
No agreements were announced as of late Wednesday, with the strike headed into the fifth day on Thursday along with negotiations. Another picket line was planned, this time outside of the circuit court.
The Neighborhood Defender Service Union is seeking to maintain a current benefit of no-premium, no-deductible health insurance and avoid proposed cost-of-living wage adjustments they say essentially result in pay cuts amid inflation.
Management previously reported proposals of a no-deductible, no-coinsurance health insurance option with a premium and other cost-sharing options like an employer-funded health savings account.
Management argues there's a push and pull for resources, which union members have questioned.
Both sides have also argued against the other's public presentation of the numbers involved. Most recently, where the union said it is only being offered 1% cost-of-living wage increases, Anglero said management's offer included yearly increases outside of cost-of-living that bring the total yearly wage bumps to 3%.
Staff writer Nour Rahal contributed to this story.
This article originally appeared on Detroit Free Press: Why UAW's Shawn Fain took a shot at Detroit judges