| In January 2001, State Bar President Thomas Ryan, who was simultaneously the city attorney for Keego Harbor, Michigan, found his job in jeopardy.
StateBarWatch is in possession of an audio tape of 48th District Court Judge Kimberly Small using the prestige of her judicial office to advance the business interests of State Bar President Thomas Ryan. Does this type of behavior by a Michigan judge promote the public's confidence in the impartiality of the judiciary, especially since Thomas Ryan regularly prosecutes criminal cases in front of Judge Small?
Click here to listen to Judge Small's highly inappropriate public speech (1.3 MB)
PUBLIC COMMENTS OF 48TH DISTRICT COURT CHIEF JUDGE KIMBERLY SMALL BEFORE THE KEEGO HARBOR CITY COUNCIL CONCERNING THE PROPOSED TERMINATION OF THOMAS RYAN
Good evening council members, my name is Kim Small, the Chief Judge of the District Court, here at the 48th.
Judge, a, Mayor Doyle indicated that I couldn’t speak until the end of the meeting because, um, of the agenda item that she was concerned that if I did get up and speak and was able to do so out of turn, that others would want to do the same, but the woman before me did speak to the termination of Thomas Ryan as the city attorney for the city. Given that has now been open, I will take just a moment of your time and tell you why I’m here tonight.
I was told today, by somebody, that you folks were considering terminating Mr. Ryan as counsel for the city. And it occurred to me – first of all I was shocked that was even a consideration. I know that he’s been your counsel for, I believe, somewhere about 20 years. Frankly, it was a shock to me that that was being considered. And I sat back in my office and wondered what it is I could do, to at least give you some input from what I see. I first thought of writing a letter, and then realized that the meeting was this evening, so chose to just take the more direct route and come here tonight and be here with you folks.
Mr. Ryan – I will tell you I’ve been a judge now for four years in the 48th District Court. And not once, not once have I ever questioned his credibility. And I will tell you folks that having an attorney who can come into court and who’s credibility is really beyond reproach – reproach with the judges – is a huge benefit to the people of the city of Keego Harbor.
Mr. Ryan, as I have seen, has always represented the people very zealously, very fairly, but very honestly and cared very much about what he does for the people of the city, of the city of Keego Harbor.
I would invite you, before you make your decision – and I don’t know the reason is that you folks are even considering and, frankly, that’s not why I’m here. Before you make that decision I urge you to come into the 48th District Court, come and see what Mr. Ryan does, on behalf of the people of this city.
I know you folks, and I’ve been following a little bit, I, I don’t live in the city. I’ve been following a little bit about what’s been happening politically here. I know that people have been very upset and folks are new to the game, some of you, some of these have been around for a while. And I know that you promised change and I am confident that you will deliver. But I hope that the change that you deliver is the change that’s good for the people of the city of Keego Harbor.
And I would urge you to take a good look at your decision, reconsider your decision [inaudible] on whether or not to retain this man. I will tell you that not only is he an outstanding attorney, but those of you who know him, know that he’s an outstanding human being. So, thank you for the floor.
Should a judge publicly advance the business interests of a prosecutor who regularly appears before that same judge?
Click here to see what happened to a Missouri judge in a similar circumstance.
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