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MonroeNews.com on Sep 15, 2008
County could face possible lawsuit
Exeter Township resident Jan Jay says he seriously is considering filing suit against Monroe County for several issues that he says are violating the Constitution.
Mr. Jay last week renewed several of his concerns regarding the Monroe County Board of Commissioners holding meetings in places other than Monroe. He also brought up new concerns over how the public must pass through metal detectors and by security guards to enter the courthouse. He says that provision of a judge's order goes too far - a claim disputed by Monroe County Chief Circuit Judge Joseph A. Costello Jr., who says his opinion is supported by the Michigan Supreme Court.
"I plan on doing it (filing a suit) Monday (today) or Tuesday if they don't come up with an answer," he said last week. "They've had enough time.
"I'm serious about this. It's an issue that needs to be addressed."
The county board met for regular meetings in Frenchtown and Bedford townships earlier this year. Mr. Jay contends that the board's bylaws clearly state the exact time, date and location of each meeting. The bylaws do not mention meetings in locales other than the courthouse. What's more, he says, the state's Open Meetings Act makes provisions for a public body to meet outside of the county seat for special meetings, town hall meetings or informal meetings. Regular meetings that have actual business conducted, however, must be done in the county seat, he says.
Mr. Jay, a former police officer, cites several examples, attorney rulings and court documents and presented those findings to the board.
Board Chairman William Sisk says he intends to give the county's attorneys up to a week to answer Mr. Jay's concern - and plans to make those opinions public - but says he doesn't feel the county has violated any law.
"I told Mr. Jay, ‘You've had weeks to prepare this ... and you spring it on us.' I'm going to give our attorney seven days. I'm not going to shoot from the hip on this," Mr. Sisk said.
Mr. Sisk said he feels the county has been okay in staging board meetings in various locations as a way to bring the county government closer to the citizens.
"He's got every right in the world to file a suit," Mr. Sisk said. "I just don't think he's right."
As for the courthouse entry system, Mr. Jay says he has found legal opinions in other counties that says access can be restricted to courtrooms and judges can make certain no one has a weapon entering a courtroom. However, that same restriction is not intended for people entering other courthouse offices, such as the clerk's office.
Judge Costello said a local court order issued in 2001 states in the first paragraph that "No weapons are allowed in the courthouse." He cited a Michigan Supreme Court ruling that allows such rules to be enacted.
After the 38th Circuit Court issued the order that disallowed weapons from the entire courthouse, it was supported in writing by the Michigan Supreme Court. Judge Costello said Wednesday that based on the Supreme Court's own administrative order and its support of the local ruling, he believes the Monroe courts are legally allowed to ban all weapons from the entire courthouse, not just courtrooms.
"Pursuant to the local administrative order and approved by the Michigan Supreme Court, no weapons are allowed in the courthouse," he said.
In June, a Hillsdale County judge ordered a no-guns sign removed from its courthouse, according to a story in the Jackson Citizen-Patriot. Circuit Court Judge Michael Smith told the newspaper that courthouses were not exempt from a state law involving carrying concealed-weapons and lifted the ban as long as people were properly licensed.
But Judge Costello said that anything a judge does in another county does not necessarily apply to Monroe or any other Michigan county.
"Whatever happened in Hillsdale does not apply to any other county, including Monroe," Judge Costello said.
The county board began discussing courthouse security years ago, and a plan was approved in 1995 to close off all but one entrance to the courthouse. It wasn't until 2001, however, that the full security measures were implemented, including installing the metal detector at the entry of the courthouse and hiring security guards.
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