| 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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