Two public defenders in Detroit face possible jail time, accused of criminal contempt for missing court dates while on strike in a union fight.
Wayne County Third Circuit Judge Darnella Williams-Claybourne on Tuesday, Aug. 11, ordered hearings to weigh contempt for Megan Gokey and Daniel Eichinger of the nonprofit Neighborhood Defender Service, which handles 50% of county cases for people who can’t afford lawyers. The judge’s move came as a third lawyer celebrated the dismissal of a similar case and more than a week after management and union staffers reached a new contract.
About 80 staffers at the Detroit service office stopped working for seven days, from July into August, before declaring victory in their fight to preserve no-premium, no-deductible health care and avoid cost-of-living adjustments they said were too low.
But a strike is no reason for a lawyer to withhold services from an existing client, Williams-Claybourne said in her orders.
The two lawyers facing the possibility of criminal contempt declined to comment on the cases – and the fact that they face up to 93 days in jail, a $7,500 fine or both if found guilty. Similarly, one of their strike force attorneys, Harry Mihas of the Criminal Defense Attorneys of Michigan, declined to comment.
Gokey did speak to the Free Press on the day during the strike when she got word of her brewing troubles, however. It was not long after the scheduled hearing.
Gokey primarily expressed worry for her client.
The client’s case was taken away from the defender service entirely and placed in the hands of an outside lawyer, she said. That lawyer would have to play catch-up.
As for Gokey, she was in a position she “never thought” she’d be, she said that day.
A trial and a probation violation hearing
The service lawyers with UAW Local 2325 – Association of Legal Advocates and Attorneys prepared detailed case information ahead of the strike so their supervisors could step in on their client’s behalf, union representatives repeatedly said.
On the other hand, individuals on both sides of the contract fight said there could be an issue of ineffective counsel in certain cases if a supervisor took over, so some court dates would need to be rescheduled.
Gokey and Eichinger’s absences “disrupted the administration of justice, caused further congestion of the Court’s docket, and wasted the time and resources” of those involved, Williams-Claybourne said in her orders.
Gokey was due for a trial on July 29 for a client accused of assaulting, resisting or obstructing a police officer.
Eichinger was due in court the same day for a client facing a probation violation hearing that was continuing from a prior court date.
In both cases, the prosecutors, defendants and witnesses were at the court, Williams-Claybourne said in her orders.
Prospective jurors also were at the ready in Gokey’s case, and the judge already denied an adjournment for Eichinger, in part because his client was at the jail, the judge wrote.
Both Gokey and Eichinger are due to appear in front of Williams-Claybourne in September to address the contempt accusations.
Judge scolds ‘Show Cause Joe,’ cancels contempt hearing
The contempt fight is already over for one Neighborhood Defender Service lawyer, Joe McGuire.
UAW President Shawn Fain took shots at Wayne County judges at a picket line visit during the strike when he heard of McGuire’s troubles. Colleagues chanted “Show Cause Joe” in support of McGuire that day, and Fain accused the judges of intimidation, saying in a social media video that “UAW members remember at election time.”
While Williams-Claybourne has more than a year before her current term is up, 36th District Court Judge Ronald Giles’ current term is up at the end of 2026, and he is not on the ballot for the November election.
On the first day of the strike – which spanned offices in three states − McGuire failed to appear for a hearing in front of Giles to determine if there was enough probable cause to move a case to trial court.
McGuire did appear in front of Giles on Thursday, Aug. 13, with strike force lawyers ready to plead his case in the contempt matter.
However, Giles didn’t let them.
Giles gave McGuire a tongue-lashing from the bench. Then, he said he was dropping the matter.
Giles read from the lawyer’s oath of office in Michigan, which says, “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any cause for lucre or malice.”
Lucre is defined by Merriam-Webster as monetary gain.
“Your relationship with your employer has nothing whatsoever to do with your relationship with this court and your relationship and duty to your client,” Giles said.
Yet, McGuire has a record as a “very talented and good attorney,” who represents his clients with zeal and shows up when he’s supposed to, Giles said. That carried weight.
With colleagues celebrating in the hallway, one of McGuire’s attorneys, Mihas, said he agreed with the result but disagreed that the contempt question should have been raised in the first place.
McGuire didn’t abandon his client but provided more than 20 pages of details and discovery review well in advance for a supervisor to take over.
Still, Mihas said he’ll “always take a win.”
McGuire said lawyers in public defender positions like his need to be able to strike, otherwise the jobs become less competitive, the lawyers are less qualified, and the clients suffer.
“I’m relieved that I get to go back to doing (just) my job,” he said.
Giles’ show-cause order did not clarify if he was accusing McGuire of criminal or civil contempt.
This article originally appeared on Detroit Free Press: Two Detroit lawyers went on strike. Now they face possible jail time
Reporting by Darcie Moran, Detroit Free Press / Detroit Free Press
USA TODAY Network via Reuters Connect
By Darcie Moran, Detroit Free Press | USA TODAY Network
