Cooperating Coopers (Judge and PA): Co-operatives Courting Lake County Corruption

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On my drive back from Torch Lake, I noticed some campaign signs containing the last name Cooper; seems they were running for Prosecuting Attorney of Lake County.  I thought that interesting, since Honorable Judge Richard I. Cooper serves not only Mason County as 51st Circuit Court judge, but Lake County as well.  Knowing that his son, Craig Richard Cooper, was also serving as City Attorney for Ludington and other communities in his capacity on the Gockerman, etc. Law Firm, I had a sneaking suspicion that this Cooper sign may have referred to him.

The first time I ever mentioned Craig was during a Torch discussion on the over-attorneyed situation of Ludington in the midst of my failed campaign back in 2011:

This also coincided with my FOIA civil action in Circuit Court with Judge Cooper being initiated.  When the Ludington City Law Firm (complete with Judge Cooper's son Craig) came forth the next month to defend the City of Ludington, they failed to make known the disqualifying relationship until Judge Cooper related that on March 7, 2012. 

Whereas there was a suspicion that the two Coopers could be related, our side figured that the other side would make such an improper relationship between the defendant and the judge known at the onset.  The judge, the 6 associates of the Gockerman Law Firm, and the 51st Circuit Court Administrator all thought that was not important enough to pass along to us plaintiffs until there was an appearance in court scheduled.  And this may have been only because our Supplemental Brief hinted of criminal activity beyond what we presented.

This is further developed in Appearance of Impropriety 1.  More developed in the following thread which also commented on Judge Cooper's wind farm decision while having his son represent Consumers' Energy:  Appearance of Impropriety 2: Lost in the Wind   With further analysis and ramifications and hopeful remedies here: Area 51. 

 

Can you imagine Lake County having Judge Cooper decide the guilt of a Lake County citizen accused of a crime, being presented that case by the Judge's own son?  Can you imagine Judge Cooper having to impartially decide against his own son on a case before him?  Can you imagine a father and son, in such a judge-prosecutor relationship, not engaging in ex parte communication (one party communication with the judge)?  Can you be sure that the judge is not bending all the rules, focusing on one side of the case, and making favorable interpretations of law that primarily benefit his own son and his career?  Would it be fair to someone and their counsel, if any, who comes in front of Judge Cooper to have his case prosecuted by Prosecutor Cooper? 

 

Those are questions I had before checking the identity of the candidate for Lake Co. Prosecutor.  Here's what the Lake County Star had from May 11, 2012: 

Assistant Lake County Prosecutor Craig Cooper is hoping local residents will hive him a promotion.

Cooper is seeking the Republican nomination for Lake County Prosecutor in the August 7 primary. He will face Irons resident Douglas Stevenson for the nomination.

Nobody filed to run as Democrat, ensuring the Republican nominee will run unopposed in the general election.

County Prosecutor Michael Riley will retire after his term expires on Jan. 1, 2013.

Cooper has served as Riley’s top deputy since February 2011 and also practices law at the law firm Gockerman, Wilson, Saylor & Hesslin, P.C.

The Cooper family name has long ties to the legal community of Lake County. Cooper’s father, Judge Richard I. Cooper, currently sits on the bench for the 51st Circuit Court which covers Lake and Mason counties and his grandfather, Dic Cooper, was county prosecutor during the 1950s.

“I love the people and I love the community,” he said. “I would like to go forward with my representation of the county.”

During his time as assistant prosecutor, Cooper said he has handled just about every type of case that there.

“I’ve tried every type of misdemeanor and every type of felony there is except for murder, which we are dealing with now.”

Cooper said that one of his goals will be holding criminals more accountable for their crimes.

“We need to be firm and tough in Lake County,” he said.

“Whether it means higher jail time, higher incarceration time, higher prison time, so be it. That is one of my goals.”

Cooper feels his working relationship with the law enforcement community in Lake County will benefit him if elected. “I feel I have a great working relationship with the (sheriff’s department),” he said. “You have to be able to work well with the various agencies in the county. I respect them and feel they respect me.”

Cooper believes that his experience in both the public and private sectors, will help him be an effective prosecutor.

 

So for over 16 months, Assistant Prosecutor Craig Cooper has helped prosecute cases in front of his father in the 51st Circuit Court, and now he blatantly uses this relationship to promote his campaign to become Prosecutor of Lake County.  Like his father, he feels the need to be firm and tough on crime and hold criminals more accountable for their crimes.  His goal is to seek higher incarceration time. 

This may sell well to the population at large, but being firm and tough, without being fair, is not how our justice system should work.  Craig, your father should have a commitment to being impartial and follow the canons of judicial conduct, and those canons mandate him to mention his and your relationship when you, or the Prosecutor's office, come before him for any hearing or trial, and to offer his disqualification.  As in Canon 3:   

 The grounds exist now whenever the Lake County prosecutor comes before Judge Cooper as per Michigan Court Rule 2.003, section C(1)(g), it will continue even stronger if Craig gets elected:

 

 

A vote for Prosecutor Craig Richard Cooper is then a vote for one-sided justice.  If you wish to be tough and firm on crime, by all means vote for Craig, and hope that he is paired up with his dad as often as possible.  If you want to be fair-- for after all, you (or someone you care about) may someday find yourself be wrongfully accused of a crime and come before the Cooper tag team-- consider the appearance of impropriety that has been created by having Craig Cooper as Assistant Prosecutor in Lake County and the greater impropriety that may result from his promotion.   

Those who prosecute and interpret the law should not be bending it to get their way, and making a mockery of small county justice.  Lake County citizens:  Please vote for this guy, instead of Craig Cooper, for Lake County Prosecutor.  Or blame yourself when injustices happen. 

 

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Stevenson, not related to any judge in Lake County, explained his own positions in the Lake County Star just last week:  "Stevenson has a philosophy that “…everybody is entitled to one stupid thing as long as nobody gets hurt” and that “…there are no crimes, just different degrees of criminal stupidity.”

He believes the role of the county prosecutor reaches beyond the courtroom.

“The duty of the prosecutor is to maintain the justice system, not just getting convictions.” he said.

He said that as prosecutor he would be “fair, but tough” and “…apply the law as it fits” to any situation. When it comes to harder crimes, he would not give defendant’s much leeway.

“Every case is different,” he said. “But the stuff at 10 to 15 years and higher – I’d not be real liberal with that.”

Stevenson has more than 30 years experience as both a prosecutor and defense attorney. He earned a bachelor’s degree in history from Eastern Michigan University, a juris doctorate from the Stetson University College of Law in Gulfport, Fla., and a masters in public administration from Grand Valley State University.

During his more than three decades practicing law, Stevenson has served as a district court magistrate in Ludington and has two separate stints with the Lake County Prosecutor’s Office, serving as both assistant prosecutor and then a two-month period as interim prosecutor.

In addition to his law career, Stevenson spent 24 years in the National Guard Reserve, serving the last 10 years as a military lawyer in the Judge Advocate General office where he received training to be a military judge.

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Craig Cooper won the primary, and hence will be the next Prosecuting Attorney of Lake County.  He will now at times prosecute those accused of major crimes in front of the 51st Circuit Court that his father controls, if not actually judges. 

A very hard judge on crime paired with his son the prosecutor, who promises to remain tough on crime, will make it nigh impossible for there to be any 'innocent' people coming before the court, particularly with all the ex parte communications between the court officials in this admittedly close family.