The estate of the fired administrator of Macomb County Probate Court can continue its Whistleblower Protection Act claims against the court and two judges, the state Court of Appeals ruled this week.
The Court of Appeals reversed a Macomb County judge by saying that enough “disputed questions of facts exist” to debate whether the late Donald Housey was fired in retaliation for complaining about a judge and a guardianship services law firm.
Housey was let go in January 2010 by then Chief Judge Mark Switalski, who contends he had the authority to fire Housey for any reason. “Coach’s decision,” he said.
Housey sued Switalski, Probate Judge Kathryn George, Macomb County Probate Court and Macomb County three times in two courts.
The federal case has been dismissed, but the two Macomb Circuit Court cases remain in regards to the WPA claim.
This week’s ruling mirrored and was based upon an April opinion by a different panel in the same court that a lawsuit can continue against only Probate Court for the WPA claim. The recent ruling also dismissed the wrongful dismissal claim.
The defendant filed an application to appeal to the state Supreme Court. That has not yet been ruled upon.
Kathleen Bogas, attorney for Housey’s estate, which is represented by his son, Mitchell, said she was pleased with the ruling.
“That (WPA) has always been the strongest part of our case,” she said.
But Switalski’s attorney, Chris Legghio, said he remains confident the defendants will prevail, noting the Court of Appeals panel in April called the evidence “thin” and “minimal.”
“This ruling further eroded the claims against the county and the judge,” he said. “The case is left with only one count.”
Bogas said she expects Judge Edward Servitto, who is presiding over both state cases, will combine the cases, although he doesn’t have to.
She said she didn’t know if the ruling will spark an out-of-court deal.
“There have been some settlement discussions, but there’s nothing on the horizon,” she said.
The defendants could seek an appeal to this ruling.
Housey died of natural causes in February 2012.
Housey’s firing followed years of turmoil and dysfunction at the court that was attributed in large part to conflict between George and then-judge Pamela O’Sullivan as well as Housey and his accusations of mismanagement and overbilling by ADDMS, a now-defunct probate law firm, which received an inordinate number of referrals from George. Financial and forensic audits in 2005 and 2008 by the Whall Group found problems at the court, but Whall and the state Attorney General, which also investigated, did not allege criminal behavior. Judicial Tenure Commission investigated did not take public action.
George in 2002 defeated Housey in the primary for the probate seat before winning the general election. George was removed as chief probate judge by the state Supreme Court in 2008 but continues to serve as a probate judge.
Switalski continues to serve as a circuit court judge.
O’Sullivan retired in January 2013.
Attribution:
Fired probate court administrator’s lawsuit can continue in circuit court
Jameson Cook
September 19, 2014
The Macomb Daily
http://www.macombdaily.com/general-news/20140919/fired-probate-court-administrators-lawsuit-can-continue-in-circuit-court
The Court of Appeals reversed a Macomb County judge by saying that enough “disputed questions of facts exist” to debate whether the late Donald Housey was fired in retaliation for complaining about a judge and a guardianship services law firm.
Housey was let go in January 2010 by then Chief Judge Mark Switalski, who contends he had the authority to fire Housey for any reason. “Coach’s decision,” he said.
Housey sued Switalski, Probate Judge Kathryn George, Macomb County Probate Court and Macomb County three times in two courts.
The federal case has been dismissed, but the two Macomb Circuit Court cases remain in regards to the WPA claim.
This week’s ruling mirrored and was based upon an April opinion by a different panel in the same court that a lawsuit can continue against only Probate Court for the WPA claim. The recent ruling also dismissed the wrongful dismissal claim.
The defendant filed an application to appeal to the state Supreme Court. That has not yet been ruled upon.
Kathleen Bogas, attorney for Housey’s estate, which is represented by his son, Mitchell, said she was pleased with the ruling.
“That (WPA) has always been the strongest part of our case,” she said.
But Switalski’s attorney, Chris Legghio, said he remains confident the defendants will prevail, noting the Court of Appeals panel in April called the evidence “thin” and “minimal.”
“This ruling further eroded the claims against the county and the judge,” he said. “The case is left with only one count.”
Bogas said she expects Judge Edward Servitto, who is presiding over both state cases, will combine the cases, although he doesn’t have to.
She said she didn’t know if the ruling will spark an out-of-court deal.
“There have been some settlement discussions, but there’s nothing on the horizon,” she said.
The defendants could seek an appeal to this ruling.
Housey died of natural causes in February 2012.
Housey’s firing followed years of turmoil and dysfunction at the court that was attributed in large part to conflict between George and then-judge Pamela O’Sullivan as well as Housey and his accusations of mismanagement and overbilling by ADDMS, a now-defunct probate law firm, which received an inordinate number of referrals from George. Financial and forensic audits in 2005 and 2008 by the Whall Group found problems at the court, but Whall and the state Attorney General, which also investigated, did not allege criminal behavior. Judicial Tenure Commission investigated did not take public action.
George in 2002 defeated Housey in the primary for the probate seat before winning the general election. George was removed as chief probate judge by the state Supreme Court in 2008 but continues to serve as a probate judge.
Switalski continues to serve as a circuit court judge.
O’Sullivan retired in January 2013.
Attribution:
Fired probate court administrator’s lawsuit can continue in circuit court
Jameson Cook
September 19, 2014
The Macomb Daily
http://www.macombdaily.com/general-news/20140919/fired-probate-court-administrators-lawsuit-can-continue-in-circuit-court
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