Roy W. Rogensues reminisced: " My most memborable incident occurred during Robert J. Chrzanowski' s first felonly jury trial as an assistant prosecutor. It was a larceny from a building involving a washing machine. Fred York, Don Ricard and I were leaving the Old County Building for lunch and discovered the washing machine with its evidence tag sitting on the sidewalk by the door. We decided to steal it and hid it in the basement. We informed Howard Carroll, the trial Judge what we had done and he agreed to participate by repeatingly reminding Chrzanowski that he had not introduced the washing machine which he and the Warren Police were frantically trying to find. Just before a motion for directed verdict was about to be made, it mysteriously showed up in the corridor outside the courtroom door.”
In the ‘40s and ‘50s, bar membership lagged behind the County’s expanding population. From the outbreak of World War II to 1960, the population of the County nearly quadrupled to over 400,000, yet they were still served by only about 200 lawyers. In the 1960s, however, membership doubled to about 400, as the venue for monthly meetings shifted from Judge Carroll’s basement to various local restaurants.
In 1952, George Steeh, Jr. (later State legislator, 41-B District Judge and father of George C. Steeh III, former 41-B District Judge, Macomb County Circuit Judge and currently United States District Judge) became the first president of the Young Lawyers Section of the MCBA. Steeh was succeeded as president by William Gentz.
Organized statewide at the Fifth Annual Meeting of the State Bar of Michigan in 1940 by about 50 attorneys under the age of 36, this Section is the oldest and largest section of the State Bar of Michigan. It is divided into three Districts: District 1, comprised of Wayne and Macomb Counties, District 2, comprised of Oakland County, and District 3, comprised of the remainder of the state. In 1960, it founded the statewide Institute of Continuing Legal Education, which became a model for all 50 states, and its activities include sponsoring Law Day programs and the Liberty Bell Award, which is given each year on Law Day to a non-lawyer in the community who has most furthered the ideals of the Constitution.
Over the past three decades, the Young Lawyers Section has become a major force in the MCBA. The Macomb YLS offers seminars and networking opportunities for its members, and sponsors public service activities addressed to the needs of women, minorities and seniors. Its contributions have included the construction of basketball backboards in the juvenile home and relief efforts for disasters such as the Tsunami and Hurricane Katrina. The YLS Board of Directors has been recognized by the MCBA Board of Directors with the Special Service Award for its public service.
Robert MacKenzie was a force for progressive reform and increased professionalism. MacKenzie resurrected the Young Lawyers Section after a period of inactivity, spearheaded the continuing legal educational movement and encouraged more community-oriented bar services. MacKenzie succeeded his law partner, prominent criminal defense attorney James Daner (later appointed Macomb County Circuit Judge) on the State Bar Board of Commissioners, where he represented the county with distinction. He was instrumental in the formal recognition of legal assistants in the State of Michigan.
After MacKenzie turned 36, the Young Lawyers Section again became inactive, but was revived in the early ’70’s. Under the leadership of Gary Anthony, the Section initiated “free legal conferences” on Law Day for several years, which evolved over time into the MCBA Lawyer Referral Service.
After two failed millage elections, the County Board of Commissioners authorized construction of a new County Courthouse in 1967, financed through the County Building Authority. The new building was dedicated in 1969 and opened in 1970.
After decades of roaming from one venue to another, the MCBA would soon have a permanent home. This new Court Building had been designed with an eye toward the future. Salvatore (Sam) Crimando, the county’s dedicated Court Administrator from 1965-1992, recalls:
“I didn’t realize it then, but (Executive) Judge James E. Spier had the foresight to establish a non-judicial operation because he could see the population explosion would compel the expansion of court facilities which would be too time-consuming for the bench to handle. He was the one most responsible for the Circuit Court Building being constructed and as we discussed its size, it was he that determined that 14 courtrooms would be needed for future expansion. As you can see, he pretty well forecast what would happen.”
By this time, the Association had evolved into the organization it is today. In 1971, the MCBA became a non-profit 501(c)6 corporation, hired Judge Alton Noe’s secretary on a part-time basis to keep permanent records, and began sending newsletters to its members. The Bar Association obtained space adjacent to the second-floor meeting chambers of the Board of Commissioners for a lawyers lounge and meeting place. The lounge was located in prime space on the southeast corner of the building and beautifully decorated and furnished at MCBA expense, through the efforts of Charles Towner and Paul F. McNamara in particular. This lounge, however, was used infrequently because of its remote location and lack of privacy for client conferences. Moreover, the lounge was the scene of occasional conflict when County Commissioners insisted on using the lounge as their meeting room. In 1980, the Association vacated the lawyers lounge at the direction of the County and sold its furniture.
Because the Association in the late 1970s had committed to a comprehensive Lawyer Referral Service and retained a public relations firm to run the program with secretary - and later its first full-time Executive Director - Karen Schmidt, the directors were committed to the re-establishment of offices in the Courthouse for that purpose. President Gary S. Anthony approached Judge Robert J. Chrzanowski, who agreed to make his large fourth floor conference room available to the Association. Chrzanowski [later recognized for assigning six Friend of the Court Referees to hear motions to relieve court congestion in family law cases long before the legislature created the Family Division of the Circuit Court in 1996 (effective January 1, 1998)] then obtained approval of MCBA occupancy in the Courthouse by the County Commissioners on the basis that (1) the lawyer referral program, administered at the sole expense of the Association, performed an important public service by offering free legal consultations to County residents and (2) the Association would not occupy space needed for County purposes. Although no lease was signed, there was a tacit understanding that the Association would make an annual donation for maintenance of the County law library.
Anthony recalls: “Bob Chrzanowski’s gracious consent to allow use of his large conference room by the Association is the only reason we have a Courthouse presence today. We had nowhere to go. Bob should be remembered for that significant contribution.” His judicial successors, Lido V. Bucci and James M. Biernat, Sr. likewise allowed the Bar the use of this space. The MCBA’s current lease with the county provides assurance that this location will remain its long-term home.
By 1979, MCBA membership had increased to 663. In the 1980s the Bar Association was run by the public relations firm of Linda Eckert and Associates. By the time Judy Flury became Executive Director in 1986, membership had increased to over 800. By 1993, membership had increased to approximately 1,100.
Following Judy Flury as Executive Directors were Sharon Eineman, Jean Scott, Maria Ellerman and Z. Kay (Fischer) Fitzpatrick. Rick R. Troy has held the position since 1999.
Emil Cardamone identified four prominent personalities, active in the bench and bar through the decade of the ‘70s and beyond, as having the greatest influence on his career:
“Philip F. Greco. Shortly after I first met Phil Greco, I realized that he was a very special person. In fact, he was almost too good to be true. He was a masterful real estate lawyer. He had an uncanny ability to resolve the most horrendous real estate problems. His talent and creativity for saving real estate deals that otherwise would have failed is legendary. He could fix and save deals that were seemingly impossible to fix. Phil was a great friend to lawyers and was always available to help with a real estate problem. He was a warm, kind and generous man who never said no to any worthy charitable or civic endeavor. Phil was a great inspiration to me. I learned a great deal from simply watching this “giant of a man” go quietly about doing all kinds of good things for lawyers in particular, and for mankind in general, not for lucre but simply out of the goodness of his great heart. If a Hall of Fame for Macomb lawyers is ever created, there is no doubt that Phil would be the very first inductee.
“Judge Edward J. Gallagher. I first appeared before Judge Gallagher in the Municipal Court in Warren shortly after my appointment as an Assistant Prosecuting Attorney in 1959. When court adjourned at noon that day, I was summoned to chambers and the Judge invited me to lunch. During lunch we exchanged personal and family histories and found that we had much in common. For example, we both were native Detroiters and derived from humble beginnings, and we both had served as combat infantrymen in the European Theater during World War II. That day was the beginning of what to me was a valued personal friendship that lasted until his untimely death in 1982. Ed was a great mentor and confidant to me during my entire professional life, especially during my tenure was Warren City Attorney. He had a vast knowledge of all aspects of municipal law and we spent many hours debating the fine points of that legal specialty. I admired, and tried to emulate, his gift for finding practical solutions to complex legal issues. Ed would also regale me with tales of the tumultuous political history of old Warren Township during the time he served as its attorney. He was, by far, the very best friend I ever had in the legal community.
“Ed was a very compassionate man. His beautiful wife, Audrey, once told me that on occasions when he was forced to sentence a convicted criminal to prison, he would be sleepless the night before and agonized over having to perform this unpleasant judicial duty.
“He was also a modest and humble man who disliked pretentiousness, dishonesty, histrionics, lack of candor and incivility in his courtroom. He had little use for attorneys who were less that completely forthright in his court.
“I have the distinction of having been involved in the very last trial that Judge Gallagher conducted as a Macomb County Circuit Judge. Fred York, the Clinton Township Attorney, was my opponent. It was a two-week non-jury trial involving a zoning issue. When it was over, Judge Gallagher summoned us both to his chambers. He told us that it had been a pleasure for him to observe two good attorneys try a good case and that he hated to see it end. Fred and I were honored and elated to receive this accolade. Shortly thereafter, Judge Gallagher retired from the bench because of failing health and passed away a short time later. His death was a deep personal loss to me.
Judge James C. Daner. I had heard of Jim Daner long before I first met him in 1959. Jim had achieved a reputation as a fine criminal defense attorney. He had won acquittals in a number of high-profile cases that generated considerable media publicity. I had been a member of the Prosecutor’s staff for only a few weeks when Jim unexpectedly came to my office, introduced himself and invited me to lunch. I was in awe that a man of his stature would spend his valuable time with a lowly rookie like me. But I later learned that this was the character of Jim Daner. He was a kind and thoughtful man who enjoyed sitting down with new young attorneys and counseling them in the finer points of the practice. He was never too busy or unavailable to assist another lawyer with a thorny legal problem. I was fortunate to be the beneficiary of his wise counsel on numerous occasions and was privileged to be able to call him at any time to seek his advice about a troublesome legal or ethical problem. On one occasion, I received a 15-page, handwritten letter from him in response to my simple question about a legal issue.
“Jim had a healthy ego but in a good way. It was based on his tremendous pride in being a lawyer. It manifested itself in the excellence of his performance as a practicing lawyer and as a circuit judge. Jim loved the law and he loved lawyers. I thought of him as the quintessential “lawyer’s-lawyer” and my admiration for him was boundless.
“Judge Raymond R. Cashen. Ray was, to me, the personification of all that a good judge should be. I considered myself very lucky whenever I drew him as the judge of one of my cases. I always eagerly looked forward to being in his courtroom and I am pleased to tell you why.
1. He had a superb judicial temperament. He consistently treated everyone – the attorneys, the litigants, the witnesses and his staff – with great courtesy, dignity and respect. I never once saw him angry or upset. I never once heard him disparage, chastise, embarrass demean or berate anyone, either in or out of his courtroom.
2. He was scrupulously honest and objective in his judicial decisions. Every decision he made was always based on thoughtful findings of fact and applicable law. They were always based on reason, fairness and common sense, never influenced by extraneous factors. His judicial integrity and objectivity were unsurpassed.
3. He had exemplary character, courage and personal rectitude. He was truly a wonderful gentleman and a genuinely decent human being.”
In 1984, a Macomb Circuit Judge was the recipient of the Foot in Mouth Award for his question to a prospective juror in a malpractice case. The defendant was accused of administering an inordinate number of cortisone shots to a patient. To ensure the jury would not be prejudiced, the judge asked each prospective juror if he or she had ever received a cortisone injection – until he came to a gray-haired lady about 60 years old.
“And you ma’am, have you ever received a silicon injection?” the judge asked.
“When I realized what I said, I turned red as a beet,” the judge later remarked. “Everybody started laughing. Whatever caused me to say that, I don’t know.”
Silicon injections were apparently still on the minds of lawyers when the MCBA announced its annual awards the same year. Attorney Gilbert Metry won the Metaphysical Award for the best “fabrication or creation from thin air of a cause or action.”
Dean Metry, the recipient’s son and then-law partner, said his father was representing a gentleman in a support case when a question arose as to who would pay for the ex-wife’s injections. The younger Metry said his father told the court, “Why should my client have to pay for (injections)? He hasn’t even touched them.”
A special Mediator of the Year Award was given to attorney William Butler as the result of a letter he sent to the Chief Judge after the judge ordered him to mediate a case. “I thank you and my starving wife and children thank you from the bottom of their holey shoes,” Butler wrote. “I told them how nice it was that you thought of me to refer a case to me at least once a year.”
Some attorneys lacked Butler’s humor. In 1988, a Detroit attorney, accused of punching his Mt. Clemens adversary while they were discussing settlement of a civil case in Judge Jansen’s conference room, was arrested on misdemeanor assault charges. Assistant Macomb County Prosecutor Steven Kaplan observed at the time: “Words may have been exchanged. . . nevertheless, it does not justify a physical assault.”
Around the same time, a scuffle broke out in the prosecutor’s office between a defense attorney and an assistant prosecutor, both veteran practitioners in their 60s. Lacking the energy if not the will to carry on the attack, neither lawyer was charged.
In 1985 and 1986, under the leadership of President Gene R. Bolanowski, the MCBA initiated ambitious programs designed to stimulate dialogue with the community and improve the Bar’s professional image. In both those years the Association held “Citizen’s Conferences,” with speakers including Michigan Supreme Court Justices Patricia Boyle and Dennis Archer, Attorney General Frank Kelley and Father William Cunningham. In their reports to the membership published in Bar Briefs, participants described the “speak out sessions” between lawyers and the general public as being most meaningful. Those reports suggested that, through direct dialogue, lawyers had learned that they needed to communicate more effectively with the public, and the public learned that they needed to acquire a better knowledge about the legal system.
In 1987, Justine Ann Orris became the first woman elected president of the Macomb County Bar Association. “Being a first is not easy,” Orris said when she took office. “Just look at what happened to poor Eve with Adam . . . I do not want to be known as the first and last.” At the time of her election, Orris reflected on the sacrifices she had to make after passing the bar: “In those days, a woman attorney had to give up a part of her social life to advance – much more so than a man. By the time I found ‘Mr. Right,’ I realized things were too complicated for marriage and a family, and I was still trying to make a living.”
Beginning in the late 1980s, Chief Judges Robert J. Chrzanowski, Peter J. Maceroni and Antonio P. Viviano, respectively, have worked closely with Court Administrator, Sam Crimando and his successor, Keith R. Beasley, to improve the efficiency of the Macomb County Circuit Court and promote the effective administration of justice.
About the same time, a group of Macomb County attorneys began meeting to discuss ways of raising funds for law-related projects in the community. This core of leaders included Judge Walter P. Cynar, Peter J. Bender, Paul T. Garvey, Philip F. Greco, Judge Kathleen Jansen, Joseph Puzzuoli, Alan Ackerman, Keith Cermak, Greg Buss, Steven Rabuat, Paul O’Reilly and Justine Ann Orris. These efforts culminated in the establishment of the Macomb County Bar Foundation in 1992. Since then, the Foundation has raised substantial tax-deductible funds for projects in fulfillment of its mission to:
• Improve and facilitate the administration of justice in Macomb County;
• Insure to the fullest extent possible that legal services are made available to all members of the public, regardless of race, creed, color or economic status;
• Work in conjunction with charitable organizations whose purpose is to provide meaningful benefit to the community, including the disadvantaged and handicapped, and other groups with legitimate needs;
• Promote the study and research of law, and promote the continuing legal education of lawyers;
• Acquire, preserve, and exhibit rare books and documents, objects of art and items of historical interest having legal significance or bearing on the administration of justice;
• Educate the public in general as to their legal rights and obligations and other subjects related to the law; and
• Foster and maintain the honor and integrity of the profession of law.
The Foundation’s Presidents; Hon. Walter Cynar, Philip F. Greco, Sr., Paul T. Garvey, John F. Potvin, Kimberly M. Cahill, Anthony J. Bellanca and James T. Miller have created and maintained the Foundation’s tradition of leadership in the fields of legal education, literacy projects and programs to aid victims of sexual and physical abuse and in 2006 implemented a long planned scholarship program.
Fifty-nine years after Mildred Vlaich became the first woman admitted to the Macomb County Bar Association, 49 years after Mary E. McDevitt became the county’s first woman judge and 19 years after Justine A. Orris became the first President of the MCBA, the Association is now 25% female. Many of them are active in the Women Lawyers Association of Michigan – Macomb Region, which has become a major force for progressive reform both within the profession and throughout the community. Its programs promote the rights of women, minorities and equal justice regardless of social status.
One of these women found herself at the cutting edge of technology shortly after the turn of the 21st Century. Kenneth Wyniemko had been convicted in 1994 of one count of breaking and entering, fifteen counts of first degree criminal sexual conduct and one count of armed robbery, and had been sentenced to 10-15 years, 40-60 years, and 15-25 years, respectively. Attorney Gail M. Pamukov agreed to represent him as a participating attorney in the Innocence Project. Over objections, Judge Edward Servitto granted Pamukov’s motion for DNA testing, which had not been utilized at the time of trial. On June 17, 2002, Wyniemko was exonerated after DNA results showed conclusively that he was innocent. “DNA testing when properly done is the most powerful tool in law enforcement,” said Pamukov.
In the past 35 years, the MCBA has adapted to the demands of a changing society. As the county’s population burgeoned and its rural character radically transformed, the MCBA became a full-service, cosmopolitan bar association with four full-time staff members. The Association’s mission has broadened as it has expanded member services such as legal seminars, developed a user-friendly website, initiated an award-winning cable television show featuring high-profile guests and topics of local and national interest, and added public service programs such as pro bono representation of indigent clients.
Although the roots of the MCBA surely reach back to the 1880s or earlier, 2006 marks the one hundredth anniversary of the Macomb County Bar Association reorganized by Dwight Lowell.
All of us know how much this country has changed in the past century. The face of the nation’s bar naturally reflects these changes in society as a whole. Our 39 founders were all men. Often, they either emerged from or founded Macomb County’s most prominent families. They played an integral role in the economic and industrial growth of the County in the early years of the Twentieth Century. Today, as everywhere else, our practitioners are women and men from a variety of backgrounds responding to increasing demands for legal services from all segments of society.
In 2006, Centerline attorney Kimberly M. Cahill was sworn in as 72nd President of the State Bar of Michigan. Cahill was MCBA president from 2001 to 2002, and was a founding member and past president of the Macomb County Bar Foundation. She is the daughter and partner of long-time Macomb County attorney Florence Schoenherr-Warnez.
The District Court bench now includes seven women, Dawnn M. Gruenburg (37th) (1990); Norene S. Redmond (38th) (1999), Linda Davis (41-B) (2000), Jennifer M. Faunce (37th) (2002), Catherine B. Steenland (39th) (2002), Kimberley A. Wiegand (41-A) (2003) and Sheila A. Miller (41-B) (2006). The Macomb County Circuit-Probate bench now includes five women, Mary A. Chrzanowski (1992), Pamela Gilbert O’Sullivan (1994), Kathryn A. George (2002), Diane M. Druzinski (2002) and Tracey A. Yokich (2003). Of the 27 judges on the Michigan Court of Appeals, eight are women. They now include two former Macomb County Circuit Judges, Kathleen Jansen (1990) and Deborah A. Servitto, who was elevated by appointment of the Governor in March of 2006.
More noteworthy is what remains the same. The legal profession as practiced in Macomb County has retained much of its essential character. Most lawyers still engage in the general practice of law, either individually or in small firms. The bench and bar maintain a collegial relationship. The Macomb County Court Building has a navigable atmosphere.
The population of Macomb County is now 836,000, with fields and farmlands giving way to subdivisions and office buildings. As the County looks to the next 100 years, the Macomb County Bar Association, 1,325 strong and growing, is poised to meet the many challenges that undoubtedly lie ahead.
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