Barry County Commissioners all had opinions on the staff of 10 attorneys proposed for the new Barry County Indigent Defense Council by Chief Public Defender Kerri Selleck. The commissioners who approved outnumbered those opposed and the list was approved Tuesday, 4-3.
An earlier vote to approve the attorneys failed on a 3-3 vote with one member absent, the panel agreed to take another vote when all commissioners were present.
Commissioners Vivian Conner, Jon Smelker and Howard “Hoot” Gibson all disapproved of attorney Gordon Shane McNeill as a member. Conner said she remembered the turmoil when McNeill served as county prosecutor and resigned under threat of recall, saying she, “did not want to go down that path again.” Gibson said two constituents had contacted him with objections to McNeill.
Smelker did not go into specific complaints against McNeill, but said he has talked to Selleck, judges, the bar association, attorneys and commissioners from other counties and had not made his decision without considerable thought. He said it is not micromanaging; it is oversight which is a commissioner’s job.
Commissioners David Jackson, Dan Parker, Heather Wing and Ben Geiger supported Selleck’s right to select her own panel. “It’s not my job to do your job,” Jackson said to Selleck. To his questions, she verified all attorneys were in good standing with the Barry County Bar Association and judges said when the attorneys were in court they were timely, prepared and serving their clients to the best of their abilities..
The attorneys have one year contracts and have to reapply for the position every year, she said.
Parker said he talked to all three judges and they are in a position to see any shenanigans by attorneys. “I felt strongly that I don’t want to micromanage. She has the ability to give a pass or fail, we don’t have to.”
Geiger noted that the 10 selected are all qualified attorneys who have experience and have been evaluated. “This isn’t approving 10 people, it’s approving an Indigent Defense Council…the thing to do is pass this unanimously.”
Two citizens in public comment time threatened legal action if McNeill was approved.
George Hubka challenged the selection process, lack of information available and complained commissioners were approving a $300,000 program for 10 people with less interviewing than when appointing members of the Agricultural Board.
He wanted to know why Attorney James Goulooze was not put back on as an indigent defense attorney. Goulooze has appealed to commissioners to reverse Selleck’s decision and put him on the panel. Hubka gave Selleck a Freedom of Information request for copies of the applications of the 11 attorneys who applied.
Elden Shellenbarger, who spoke against McNeill on Jan.22, said he would file complaints with either the Michigan Judicial Tenure Commission or the Michigan Attorney Grievance Board and it would, “cost you money to have you look at this.”
