OLC Seeks Sanctions and Dismissal of Judge's Lawsuit Against Campaign Opponent

For Immediate Release | Jul 18, 2024
https://olcplc.com/public/media?1721328373



On behalf of a candidate running for probate judge with the Muskegon County Probate Court, Outside Legal Counsel has filed emergency court papers asking for immediate dismissal of a lawsuit seeking to silence her campaign communications. The unique twist -- the lawsuit was filed by an opponent incumbent judge who has been charged in campaign literature as being disrespectful, impatient, and rude.

On July 11, 2024, Muskegon County Probate Court Judge Gregory Pittman filed a lawsuit alleging a campaign flyer distributed by Kendrah Robinson, an Assistant Public Defender at the Muskegon Public Defender's Office who is running against him, contained inaccuracies. Rather than taking his disagreement to the voters, Pittman has sought to secure a court order to prevent Robinson from continuing to distribute the flyer.

According to Outside Legal Counsel attorney Philip L. Ellison, the demanded court order violates the free speech protections enshrined in the First Amendment and the Michigan Constitution. The Michigan Constitution provides that "no law shall be enacted to restrain or abridge the liberty of speech."

"Unbelievably, a lawsuit, brought by a judge no less, is trying to unconstitutionally do what our state's highest governing document strictly forbids," states Ellison.

According to the filing, Pittman's lawsuit incorrectly claims Robinson violated two Michigan election laws and Canon 7 of the Michigan Code of Judicial Conduct. "This lawsuit is frivolous and was brought in bad faith without any arguable legal merit," the court papers opine.

The court case has been assigned to Kent County Circuit Court Judge Hon. J. Joseph Rossi, a Kent County judge, after all local Muskegon County judges disqualified themselves on conflict-of-interest grounds.

In addition to dismissal of the lawsuit, Robinson is seeking to require Pittman to personally pay the cost of litigation and attorney fees as Michigan law requires such a sanction when a frivolous lawsuit makes claims that are unwarranted by existing law.

A hearing is scheduled on July 24, 2024 before Judge Rossi.
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