Two public defenders in Detroit faced a fight − and possible jail time − for skipping court while on strike in a union battle.
Instead, they got a lecture.
Wayne County Circuit Court Judge Darnella Williams-Claybourne opted on Friday, Aug. 28, to drop the criminal contempt accusations she’d brought against Megan Gokey and Daniel Eichinger of the nonprofit Neighborhood Defender Service, which handles 50% of county cases for people who can’t afford lawyers. Williams-Claybourne is the second county judge to have brought such cases connected to the seven-day strike that ended in early August. She’s also the second judge to lambast the lawyers instead of moving forward with the contempt cases.
That approach will change should Gokey and Eichinger fail
to appear again, Williams-Claybourne warned the pair in court on Friday, Aug. 28.
“You may advocate for yourself and your colleagues, but as counsel of record, you must also protect your clients’ interests and respect the authority and functioning of this court,” Williams-Claybourne said.
The judge did not allow the lawyers to counter her take in court Friday.
However, Gokey and Eichinger gave notice to the court and passed along preparation to their clients and employer ahead of the strike, said one of their strike force attorneys, Harry Mihas of the Criminal Defense Attorneys of Michigan, following the hearing.
Mihas agreed with the end result, but not the judge’s reasoning, he said.
Detroit judge calls lawyers’ absence during strike ‘shortsighted’
Williams-Claybourne called Gokey and Eichinger’s choice to miss their respective jury trial and probation violation hearing on July 29 “shortsighted." Witnesses and jurors were ready, she said. Also, a contempt conviction could have marred the lawyers’ careers.
“It is the court’s position that you did not make a thoughtful or wise decision,” Williams-Claybourne said.
Yet, the strike was actually a positive choice for public defense in the long run, according to Mihas.
The 80-some staffers in the service's Detroit office who are part of UAW Local 2325 – Association of Legal Advocates and Attorneys fought to preserve no-premium, no-deductible health care and avoid cost-of-living adjustments they said were too low. It was part of a collective action against the service's management across three states.
“It’s easier to defend someone when I don’t have to worry about where I’m going to get health care,” Mihas said from his perspective as a lawyer.
Eichinger echoed the sentiment on long-term benefits for clients, noting that better benefits and pay for their lawyers mean lawyers with more experience are more likely to work in public defense.
Gokey also said, following the hearing, that she told her client she’d skip the strike and show up for the trial if he wanted.
He told her that he was a union man himself, she said. That made her decision easier, particularly in a career with a high rate of burnout and people who leave due to poor treatment.
“We have to make sure our cups are filled so we can pour into our clients’ cups,” she said.
UAW’s Shawn Fain takes another shot at Detroit judge
One statement from the judge Friday echoed language in accusations from UAW President Shawn Fain.
Fain previously took a shot at Wayne County judges after 36th District Court Judge Ronald Giles levied a contempt accusation at service attorney Joe McGuire for missing a hearing while on strike.
Then, on Thursday, the union issued a statement on social media from Fain naming Williams-Claybourne as the sole county judge still taking such contempt actions against members.
He referred to the move as punishment and called for the cases to be dropped.
“This is a heavy-handed move that sends a nasty message to every employee who dares to organize, especially those who work in the public interest,” he said. “It’s unacceptable intimidation.”
Williams-Claybourne on Friday said she’s ordered officers to appear before her for not turning over evidence and issued similar so-called show cause orders to a juror who skipped court and a court worker who didn’t turn over a transcript as ordered in a timely fashion.
“This is not about punishing you for taking a position in a labor dispute; it is about the professional responsibilities that accompany the privilege of representing a client,” she said, later adding: “We impact lives, freedoms and livelihoods every day. There’s no profession like it.”
Eichinger is relieved to get back to fighting injustices in the system for his clients, he said.
“It's small potatoes compared to what our clients are facing,” he said of his own case.
He feels for his client from the July 29 case. He wanted to be there. He’d thought the client was facing unfair accusations.
Gokey’s mind also remained on her client from that day, concerned about him having to start over because the case was reassigned outside the defender service.
Court records indicate Eichinger’s client ended up pleading guilty to a probation violation and getting sentenced to jail time. Gokey’s client ultimately didn’t go to trial, but got his charge reduced to a misdemeanor, pleaded guilty to begging and was sentenced to probation.
Contact Darcie G. Moran at dmoran@freepress.com
This article originally appeared on Detroit Free Press: Detroit judge drops contempt threat for lawyers who went on strike
