Panel finds lawyer committed misconduct

By Corey Williams Associated Press Writer DETROIT (AP) -- A panel of attorneys has determined that a lawyer whose actions ultimately helped bring down Kwame Kilpatrick's administration committed misconduct in his handling of explicit text messages between the then-mayor and a former top aide. The state Attorney Discipline Board panel released its findings Tuesday, saying Mike Stefani knowingly disobeyed court rules when he failed to have the texts between Kilpatrick and Chief of Staff Christine Beatty sent to a judge hearing the trial of a whistle-blowers' lawsuit in 2007. Stefani, who represented city police officers who claimed they were wrongly dismissed, had obtained the text messages from the city's former communications provider. The three-person panel ruled that Stefani also should have given copies of subpoenas requesting the texts to lawyers for Kilpatrick and the city. The messages contradicted statements Kilpatrick and Beatty made on the stand during the whistle-blowers' trial, in which they denied having a romantic relationship and their roles in the firing of the two officers. Stefani admitted during the misconduct hearing that he gave copies of the text messages to the Detroit Free Press, which published excerpts in January 2008. He did not immediately return a message seeking comment Tuesday. Kilpatrick was charged with perjury and obstruction of justice. He resigned and served 99 days in jail after pleading guilty to obstruction and no contest in a separate assault case. "We're pleased they found a violation of the court order, which we felt was the most important part of our case," said attorney Robert Edick, who prosecuted the case on behalf of the Attorney Grievance Commission. "The misconduct in this case was disgraceful and really gave the legal profession and courts a black eye," he said. Edick said Stefani attempted to "display the courts as corrupt" in his testimony on why he subpoenaed the text messages, and didn't order them sent to Wayne County Circuit Judge Michael Callahan. "Because of his inappropriate obtaining of the text messages, he caused a lot of needless problems. He could have got it the proper way," Edick said. The panel sided with Stefani on two other allegations. It decided he did not commit misconduct in waiting until February 2008 to report alleged perjury by Kilpatrick, himself a lawyer, to the commission. The panel also ruled that Stefani did not commit misconduct by entering into a confidentiality agreement with Kilpatrick's lawyers to conceal the texts in return for his clients' $8.4 million settlement from the city. "The panel did a very careful job of dispassionately looking at the evidence and applying the law," said Kenneth Mogill, Stefani's lawyer during the discipline hearing. Tuesday's ruling is the second in two days involving lawyers who had roles in the whistle-blowers' case and civil settlement. A report finding that Kilpatrick's attorney, Samuel McCargo, committed five professional violations in the case was released Monday. McCargo represented the former mayor at trial and helped negotiate the settlement. Both McCargo and Stefani face sanctions. Hearings to determine discipline for both lawyers will be scheduled. In Stefani's case, that could range from a reprimand that won't affect his right to practice law to a suspension and possible disbarment, Edick said. Published: Thu, Mar 4, 2010

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