A lawsuit was filed in the United States District Court - Western District of Michigan against the Secretary of State and a number of County Clerks throughout northern Michigan and the Upper Peninsula, including our Clerk, over Voter Registration Records.  Clerk Suzanne Kanine was served on June 17, 2020.  The County’s initial response to the Court and other parties is due on or about July 8, 2020.  Attached is a copy of the lawsuit.

Even before being served with the lawsuit, Civil Counsel and the Clerk were aware of the lawsuit and began contacts with the clerks and civil counsel in other counties.   Contacts were made with other counties in an effort to reduce costs by having “joint representation” by one lawyer or one law firm.  These other counties also agreed that joint representation was the best fiscally responsible decision as the case will involve a common defense to all.

When our Clerk was served, our risk carrier MMRMA was immediately contacted to seek its services.  However, since the lawsuit does not involve a request for money damages (injunctive relief instead), MMRMA does not provide coverage.  County Administrator Mike Reaves received a letter from MMRMA on this past Friday in which they denied coverage for this lawsuit.  Other counties served by MMRMA received a similar response.

Civil Counsel had discussions with civil counsel for Charlevoix and Cheboygan regarding a Lansing law firm to represent Charlevoix, Cheboygan, and Emmet Counties.  An hourly fee of $175.00 per hour divided three ways was proposed.

Subsequent to those discussions, Civil Counsel discussed representation with Haider Kazim, an attorney with Cummings, McClorey, Davis and Acho in Traverse City.  Mr. Kazim has represented the County on several cases in the past.  He is civil counsel for Antrim County and is already familiar with the lawsuit.  In addition, he represented a number of county clerks back in 2015-2016 on a similar issue.

Several other county clerks are also looking to retain Mr. Kazim under a Joint Defense Agreement.  Such an agreement is similar to one we have with other local government entities on the Tribe lawsuit.  This would split the costs based on his hourly rate of $195.00 per hour.  While the hourly rate is more than the Lansing firm, there would be more counties retaining Mr. Kazim, so the cost per hour to Emmet County would be greatly reduced.

As of Monday afternoon, there are five other counties being retained for Mr. Kazim’s services.  They are Antrim, Charlevoix, Cheboygan, Otsego and Roscommon Counties. So, if Emmet County also agrees, there will be a total of six counties to split up hourly rate of $195.00 per hour.

Civil Counsel is recommending that the County retain the services of Mr. Kazim and his law firm as part of a Joint Defense Agreement with a number of other county clerks.

Also attached is a Joint Defense Agreement for legal services related to the lawsuit.

I recommend Board approval as presented.
Michael Reaves, County Administrator

CIVIL COUNSEL REVIEW / RECOMMENDATION:
I have reviewed the attached document(s) and approve as to legal form.


MOTION: