Former Detroit Mayor Fights to Retain Law LicenseTresa Baldas
12-02-2008

>From behind bars, ex-Detroit Mayor Kwame Kilpatrick is fighting to remain a
lawyer.

One of Kilpatrick's attorneys filed papers Monday with the Michigan Attorney
Discipline Board, asking it to set aside a judge's order revoking
Kilpatrick's law license.

A judge ordered Kilpatrick's law license to be revoked last month when
he sentenced
the former Motown mayor to 120 days in
jail<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202424298419>for
lying about an affair at a police whistle-blower trial that cost the
city $8.4 million. Kilpatrick, whose perjured testimony was revealed in text
messages, also was ordered to pay $1 million in restitution to the city of
Detroit.

But attorney Philip
Thomas<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202425783673>,
one of Kilpatrick's lawyers, argued that the judge had no legal grounds to
revoke Kilpatrick's law license, which was suspended automatically when he
pleaded guilty to felonies in September.

In papers filed with the Michigan Attorney Discipline Board late Monday
afternoon, Thomas of the Law Offices of Philip
Thomas<http://pview.findlaw.com/view/3205194_1>in Grosse Pointe Park,
Mich., argued that the judge had no authority to
revoke Kilpatrick's law license. Moreover, he argued that Kilpatrick never
consented to the revocation order, but rather signed it "under objection."

"It is critical to note that the terms of the plea agreement did not provide
for disbarment, or define in anyway the meaning of the term "surrender' of
his law license," Thomas wrote to the board.

Thomas also argued that the attorney disciplinary board is the only entity
legally authorized to impose discipline against Michigan attorneys. "No
other entity in Michigan, including trial courts, has such authority,"
Thomas wrote. "The trial court did not have the requisite authority to take
action resulting in [Kilpatrick's] disbarment."

Thomas, meanwhile, has asked the discipline board to select a panel to
review Kilpatrick's perjury case and determine what level of discipline
should be imposed.

Wayne County Prosecutor Kym Worthy, whose office negotiated the plea
agreement with Kilpatrick, was unavailable for comment.

*Editor's note: Tresa Baldas' husband, M.L. Elrick, reported on the text
messages for the *Detroit Free Press.


-- 
"Usually when people are sad, they don't do anything. They just cry over
their condition. But when they get angry, they bring about a change."
- Malcolm X, Malcolm X Speaks, 1965

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