Diane Hathaway

Commentary: The governor’s Supreme Court appointment

Jack Lessenberry — Thu, 28 Feb 2013 13:24:02 +0000

Yesterday, Governor Rick Snyder finally filled the vacancy on the Michigan Supreme Court created when disgraced Justice Diane Hathaway resigned last month, just before pleading guilty to felony bank fraud. His pick was a mild surprise; David Viviano, the young chief circuit judge in Macomb County.

Later that afternoon, I was pleasantly surprised that the governor called me to explain the process by which he made this appointment. I suspect this was because I have talked and written a lot about the Michigan Supreme Court, which didn’t have the highest reputation, even before the Hathaway scandal.

Commentary: Supreme Court scandal

Jack Lessenberry — Wed, 30 Jan 2013 15:47:04 +0000

Well, it’s now official: A person who ten days ago was a Michigan Supreme Court justice is now a convicted felon.

Diane Hathaway pleaded guilty yesterday in federal court to a single count of bank fraud. While on the bench of Michigan’s highest court,she temporarily transferred three of four expensive houses she and her husband owned to her stepchildren.

She did this, the federal prosecutor and the FBI said, as part of an elaborate scheme to hide assets from the bank. This was done in order to make it look like she and her husband, attorney Michael Kingsley, were suffering financial hardship.

They wanted to look worse off than they were because they wanted to convince her bank to allow her to sell yet another home they owned in Grosse Pointe Park in what’s called a short sale.

Former Michigan Supreme Court Justice Diane Hathaway pleads guilty to bank fraud

Mark Brush — Tue, 29 Jan 2013 16:30:31 +0000

Update 11:30 a.m.

Former Michigan Supreme Court Justice Diane Hathaway stood in front of federal judge this morning and plead guilty to felony bank fraud charges. More from the Detroit Free Press:

Hathaway stood quietly at a podium in U.S District Court in Ann Arbor this morning, acknowledging she intentionally defrauded a federally-insured financial institution when she short-sold her Grosse Pointe Park home.
According to an agreement negotiated with the U.S. District Attorney’s Office, her punishment is limited to up to 18 months behind bars or could be as little as 4-10 months if a pre-sentence report determines there was no actual financial loss.
“Yes your honor, I agree,” Hathaway said to Eastern District Court Judge John Corbett O’Meara.

She is scheduled to be sentenced in May. The Detroit News reports that Hathaway's attorney, Steve Fishman, is likely to argue that her actions did not harm the bank:

Fishman has previously said Hathaway and her husband, attorney Michael Kingsley, saved the bank $150,000 by negotiating a short sale of their home rather then letting it be sold at a foreclosure auction.
But prosecutors have tripped up Hathaway on a fraud charge because she and Kingsley transferred a posh second home in Windermere, Fla., valued at $664,000, to one of Kingsley's daughters while applying for the short sale — and then got the house back after selling the Grosse Pointe Park home.
During the short sale process, in 2010 and 2011, Hathaway also acquired two other homes in Grosse Pointe Park on Windmill Pointe and Balfour Street and transferred them to her stepchildren. Hathaway's stepdaughter, Sarah Kingsley, transferred the Balfour Street back to Hathaway after the short sale of the home on Lakeview Court, public records show.

U.S. Attorney Barbara McQuade plans to hold a press conference this afternoon to talk about the Hathaway case.

10:45 a.m.

Former Michigan Supreme Court Justice Diane Hathaway is due in federal court today for an anticipated guilty plea to bank fraud. More from the Associated Press:

Hathaway is accused of concealing assets while trying to persuade a bank that she needed a short sale. That was to get rid of a Grosse Pointe Park home that carried a big mortgage.
Her hearing is set for today in Ann Arbor federal court.
Hathaway was charged Jan. 18, three days before she left the Supreme Court because of the scandal.
She and her husband transferred a debt-free Florida home to a relative before the 2011 sale of their Detroit-area home. After the short sale went through, the Florida property went back in their names.
Hathaway was elected to the Supreme Court in 2008.

The week in review

Rina Miller and Jack Lessenberry — Sat, 26 Jan 2013 14:00:00 +0000

This “week in review”, Michigan Radio’s Weekend Edition host Rina Miller and political analyst Jack Lessenberry discuss proposed gun laws in Michigan, who might replace former Supreme Court Justice Diane Hathaway, and the new hiring rules for emergency financial managers in the state.

In this morning's Michigan news headlines. . .

Emily Fox — Fri, 25 Jan 2013 12:16:50 +0000

Michigan Attorney General questions Hathaway's fitness as a lawyer

Michigan Attorney General Bill Schuette asked the Attorney Grievance Commission to investigate former Supreme Court Justice Diane Hathaway’s “fitness to practice law.” As the Detroit Free Press reports,

"Schuette requested the investigation as Hathaway, who officially retired Monday amid an ethics scandal, awaits a Tuesday appearance in federal court in Ann Arbor on a felony charge of bank fraud. She is expected to plead guilty. The federal charge relates to property transfers Hathaway made while seeking a short sale on a home in Grosse Pointe Park. But Schuette said in his letter to Attorney Grievance Commission administrator that the allegations against Hathaway raise questions about her fitness to hold a law license, not just to be a judge."

Obama administration to address Detroit's abandoned buildings

"US Secretary of the Interior Ken Salazar, Senator Carl Levin and Michigan officials will host a meeting in Detroit today to talk about how tax breaks for historic preservation projects can help distressed cities. In a statement, Secretary Salazar says the Federal Historic Preservation Tax Incentives program has been used for 70 projects in Detroit since 2000. He says he wants to talk about how that program can help revitalize the city," Sarah Hulett reports.

Detroit Public Schools expect more cuts

"The Detroit Public Schools plans to shrink even more to wipe out its deficit by 2016. The district’s latest deficit elimination plan projects that enrollment will dip below 40,000 students. In order to 'stay ahead of the cost curve,' emergency financial manager Roy Roberts proposes some drastic cuts—including closing as many as 28 more schools," Sarah Cwiek reports.

Former justice Diane Hathaway will face bank fraud charge next week

Michigan Radio Newsroom — Wed, 23 Jan 2013 20:03:34 +0000

Former Michigan Supreme Court Justice Diane Hathaway will face a federal bank fraud charge in a United States District Court in Ann Arbor next Tuesday.

The charge was filed as criminal “information,” meaning Hathaway has negotiated with prosecutors and is likely to plead guilty, the Detroit News reports.

The week in Michigan politics

Jack Lessenberry, Christina Shockley and Emily Fox — Wed, 23 Jan 2013 14:06:36 +0000

In this week in Michigan politics, Jack Lessenberry and Christina Shockley discuss the likelihood of Michigan having a part time legislature, what will happen to former Supreme Court Justice Diane Hathaway and who is likely to replace her. Lessenberry and Shockley also talk about the 26-year-old who will soon be the emergency manager for Benton Harbor.

In this morning's Michigan news headlines. . .

Emily Fox — Wed, 23 Jan 2013 13:21:04 +0000

Survey: It should be tougher to become a teacher

"It should be a lot tougher to become a teacher in this state. At least that's what the Center for Michigan found in a statewide survey of some 7,500 people. Eighty percent of educators polled say Michigan needs better teacher preparation," Kate Wells reports.

Governor Snyder wants state to put more money in early childhood education

Governor Rick Snyder wants the legislature to support more funding for early childhood education. As the Detroit News reports,

"Gov. Rick Snyder said Tuesday he will ask the Legislature to undertake a "significant phase-in" of 29,000 4-year-olds into public preschool programs over the next few years, an annual investment of $130 million. The state can't afford to add all 29,000 children eligible for the Great Start Readiness Program at once, Snyder said, so he intends to propose ramping up enrollment over a period of years to ease the impact on the budget."

Former Michigan Supreme Court justice Hathaway expected to plead guilty

Former Michigan Supreme Court Justice Diane Hathaway will be in court next week. She resigned from the high court on Monday. As the Detroit News reports,

"Former Michigan Supreme Court Justice Diane Hathaway will find herself on the other side of the bench on Tuesday when she's likely to plead guilty to bank fraud charges related to questionable real estate transactions, legal experts say."

In this morning's Michigan news headlines. . .

Emily Fox — Tue, 22 Jan 2013 12:29:47 +0000

Critics of Governor Snyder's roads funding say weight limit an issue

Critics of Governor Rick Snyder's proposal to spend more than a billion dollars to fix Michigan's roads say the state should change it's weight limit on roads. Michigan has the highest weight limit on roads in the nation. As the Detroit Free Press reports,

"They say if Michigan brought its weight restrictions more into line with other states, its roads and bridges would last longer. State officials acknowledge Michigan's maximum truck weight of 164,000 pounds -- just more than twice the federal weight limit."

Hathaway resignation could give Supreme Court a Republican 5-2 majority

State Supreme Court Justice Diane Hathaway officially resigned yesterday. As Kate Wells reports, "She's facing federal charges for bank fraud. But it's not just the political scandal: Hathaway was nominated to the bench by a Democratic governor. Now, Republican Governor Rick Snyder gets to choose her replacement. That could bring the court's tally to five Republican judges and just two Democrats."

McDonalds to pay fine to a Detroit-area restaurant over claim on Muslim dietary law

"McDonald's and one of its franchise owners have agreed to pay $700,000 dollars to members of the Muslim community. That's in an effort to settle allegations a Detroit-area restaurant falsely advertised its food as being prepared according to Islamic dietary laws. A spokesman says there's no evidence McDonald's set out to deceive customers," the Associated Press reports.

Hathaway resignation official; Snyder considers replacements for Supreme Court seat

Michigan Radio Newsroom — Mon, 21 Jan 2013 19:19:06 +0000

As Justice Diane Hathaway officially resigns from the Michigan Supreme Court today, Governor Rick Snyder says he is considering her replacement.

Hathaway’s resignation comes after federal prosecutors charged the justice with bank fraud in connection with a 2011 real estate deal.

The week in Michigan politics

Jack Lessenberry, Christina Shockley and Emily Fox — Wed, 09 Jan 2013 12:54:31 +0000

This week in Michigan politics, Michigan Radio’s Morning Edition host, Christina Shockley and Michigan Radio’s political analyst, Jack Lessenberry discuss the resignation of Michigan Supreme Court Justice Diane Hathaway and the firing of Detroit’s top lawyer.

Justice Hathaway resigned this week. This comes after a disciplinary panel filed an ethics complaint against her. The complaint accuses Hathaway of cheating and lying about a real estate transaction that saved her $600,000.

Lessenberry says, “It’s another black eye to the Michigan Supreme Court which has been rated the least respected of all Supreme Courts in the Nation by the University of Chicago by a law school study there.”

Stateside: Changes in Court majority likely to follow Justice Hathaway's resignation

Michigan Radio Newsroom — Tue, 08 Jan 2013 20:48:46 +0000

Michigan Supreme Court Justice Diane Hathaway will resign January 21.

The news came after the state’s Judicial Tenure Commission unveiled a 19-page complaint accusing her of money laundering, fraud and tax evasion.

“It is an event that has never happened and I think is of very great consequence,” said Larry Dubin of University of Detroit Mercy Law School.

“There is an adversarial relationship between the Judicial Tenure Commission and judges they eventually go after.”

Commentary: Vacancy in the Court

Jack Lessenberry — Tue, 08 Jan 2013 13:36:09 +0000

A young reporter once asked me how you could tell if a someone was really retiring of their own free will, or being fired. “Well,” I said, “When someone prominent retires, they often announce it well in advance, and they honor them with a dinner. When someone suddenly leaves at ten in the morning on Tuesday, allegedly to spend more time with their family, they’ve been fired.”

Yesterday, we learned that Michigan Supreme Court Justice Diane Hathaway is “retiring” from the court, barely halfway through her first term. Her retirement was announced right after the Judicial Tenure Commission lodged a formal complaint against her.

That complaint is perhaps the most damning against a sitting judge I’ve ever seen. It claims she violated federal and state laws against fraud, federal money laundering and tax laws, and constitute “conduct that is contrary to justice, ethics, honesty, or good morals.”

None of this comes as much of a surprise. Last spring, WXYZ-TV in Detroit first reported irregularities in the sale of a house she and her husband owned in Grosse Pointe Park.

Two months ago, federal authorities then sued Hathaway and her husband, who is also a lawyer, and have attempted to seize a home they own in Florida for fraudulently hiding real estate they owned in order to get a bank to write off a large mortgage.

In this morning's Michigan news headlines. . .

Emily Fox — Tue, 08 Jan 2013 12:32:39 +0000

Supreme Court Justice Hathaway resigns

"Michigan Supreme Court Justice Diane Hathaway announced Monday she will retire from the bench Jan. 21 after the Judicial Tenure Commission filed a formal complaint calling for her immediate suspension from the bench for alleged “blatant and brazen violations” of judicial conduct rules the commission said were “unprecedented in Michigan judicial disciplinary history.” Among the charges in the complaint is that Hathaway submitted false answers to the Judicial Tenure Commission during its recent investigation of private real estate transactions by Hathaway which are the subject of an FBI investigation," the Lansing State Journal reports.

Electric cars required to make more noise

The federal government is planning to issue new rules regulating car noise for electric vehicles. Electric and hybrid cars are sometimes too quiet. That could increase pedestrian and vehicle accidents, especially when it comes to visually impaired pedestrians. The National Highway Traffic Safety Administration wants all electric and hybrid vehicles to make some noise when traveling under 18 miles per hour to deal with the problem, Tracy Samilton reports.

Child welfare workers protected under new Michigan law

"A new law signed by Secretary of State Ruth Johnson gives private child welfare agencies and their workers in Michigan extra protection from lawsuits if they're under contract with the state. They'll be immune from liability for personal injuries or property damages unless their conduct amounts to 'gross negligence or willful misconduct,'" the Associated Press reports.

Michigan Supreme Court Justice Diane Hathaway resigns

Rick Pluta and Michigan Radio Newsroom — Mon, 07 Jan 2013 21:46:00 +0000

Michigan Supreme Court Justice Diane Hathaway has resigned.

That news became public just hours after an ethics complaint was filed against her, along with an unprecedented request that she be suspended from the court.

The state Supreme Court had never been asked to take this kind of disciplinary action against a sitting justice.

Before the court acted on her suspension, Justice Hathaway’s attorney said she had already agreed to resign and won’t participate in any more cases. Hathaway’s resignation becomes official on January 21st.

The complaint accuses her of fraud and money laundering in a real estate deal, as well as lying about it to the Judicial Tenure Commission.

Hathaway still faces a federal lawsuit that seeks to seize her Florida vacation home.

Hathaway is a Democrat elected to the court in 2008. It will be up to Republican Governor Rick Snyder to name a replacement.

Update 4:26 p.m.

A lawyer says embattled Michigan Supreme Court Justice Diane Hathaway will retire on Jan. 21.

Steve Fishman tells The Associated Press that Hathaway filed the paperwork on Dec. 20. He made the disclosure Monday after a judicial watchdog agency filed a complaint and asked the Supreme Court to suspend Hathaway over a series of suspicious real estate transactions.

Fishman says the Judicial Tenure Commission was told about Hathaway's retirement in December. He says the filing of the 19-page complaint was a "gratuitous" move.

The commission says Hathaway committed "blatant and brazen" violations of professional conduct in the 2011 short sale of her home in Grosse Pointe Park. Hathaway and her husband put a debt-free Florida home in a relative's name, but regained the property when the Michigan sale was completed.

2:48 p.m.

The Michigan Supreme Court will be asked for the first time to suspend a sitting justice for misconduct.

The Michigan Judicial Tenure Commission has filed a formal complaint against Justice Diane Hathaway. The disciplinary board has also asked the court to suspend Hathaway while the proceedings play out.

She has 14 days to respond to the complaint. Hathaway is accused of ethics violations for allegedly using property swaps to arrange a short sale that saved the couple hundreds of thousands of dollars -- a loss that was swallowed by the bank. The U.S. Attorney in Detroit has also filed a lawsuit against Hathaway.