July/August, 2005

July/August 2005 ARBEA B Genesee County Bar AssociationT

2005-2006 Hiring a Forensic Accountant GCBA President Strange But True H. William Reising A New Life: Roberta Wray The First 100 Days and Beyond: David Leyton Motion Day 5K Race

l-r: Judges David Newblatt, Judith Fullerton, John Gadola l-r: Lynne Taft, David Megdell, Suellen Parker, Judge Duncan Beagle, Melissa Bellamy Motion Day 5K Donors

Court of Appeals Donors District Court Donors Chris Christenson Erwin F. Meiers Joliat, Tosto, McCormick & Bade Professional Human Capital Brian Barkey Dennis R. Lazar WestLaw Ramona Sain Henry Hanflik PC Circuit Court Donors Winegarden & Himelhoch Henry Hanflik PC Behm & Behm Suellen Parker Yeo & Yeo Prosecutor David Leyton

l-r: Kevin Rush, Jeff Himelhoch at the finish line

Motion Day 5K volunteers l-r: Jennie Barkey, Brian Barkey

Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 3 2 Genesee County Bar Association Table of Contents 2004-2005 Board of Directors PRESIDENT – H. William Reising VICE PRESIDENT – Kraig S. Sippell 4 2005... A Great Year by William Reising TREASURER – Kurtis L.V. Brown SECRETARY – David S. Leyton 5 Law Day and 5K Successful by Ramona Sain IMMEDIATE PAST PRESIDENT – Susan Philpott Preketes 6 Hiring a Forensic Accountant by Stanley Foodman

Specialty Bar Board Members 8 Strange But True by Don Harper Mills Young Lawyers Delegate – Amy Kline 9 A New Life: Roberta Wray by Francine Cullari Mallory, VanDyne, Scott Bar – Anthony T. Maxwell Women Lawyers Delegate – Wendy J. Maxfield 10 The First 100 Days and Beyond: Bar Auxiliary Representative – Vacant Flint Trial Lawyers Representative – Eric McCormick David Leyton by John Potbury

Board Members David S. Leyton ‘05 Bernhardt “Chris” Christenson ‘06 M. Cathy Dowd ‘06 Robert H S. Schaffer ‘06 Lynne A. Taft ‘06 Michael J. Behm ‘07 Orene Bryant ‘07 Karen L. Folks ‘07 Linda A. Pohly ‘07 Advertisers John R. Green ‘08 Tim Knecht ‘08 Dennis Lazar ‘08 Steve Moulton ‘08 Bar Beat Editor Larry Day Jack E. Tubbs Francine Cullari Attorney/Mediator 3 Registered Patent Attorney 8 [email protected] Yeo & Yeo Gould Engineering, Inc.

Accountants and Civil, Municipal and Genesee County Bar Association Business Consultants 4 Land Development 8 315 E. Court St. Flint, Michigan 48502-1611 (810) 232-6012 BKR Dupuis & Ryden Cislo Title Company For editorial information, call (810) 695-7400. Financial Services 6 Title Insurance and Escrow Services 9 Published bi-monthly by the State Bar of Michigan, 306 Classifid Ads 7 Townsend St., Lansing, MI 48933, for the Genesee JPMorgan Raymond James & Associates For advertising, call (517) 346- Private Client Services 12 County Bar Association. Financial Services 7 6315.

No material in Bar Beat reflects the opinion or endorsement of the Genesee County Bar Association, unless otherwise stated. MEDIATION SERVICES

Larry Day Attorney & Mediator Citizens Banking Center Flint, Michigan 48502 (810) 603-3400

� Mediation TrainingHarvard University, Nova University and State Bar of Michigan

� ExperiencePracticing mediator since 1995, and practicing lawyer for more than 25 years

� ChairpersonGenesee County Circuit Court Civil MeditationMediation Committee

� PresentationsPreparing Yourself and Your Client for Facilitative Mediation, ADR Section, State Bar of Michigan, July 2000; ADR, Saginaw Valley Adjusters Association, March 1996; ADR Seminar, Genesee County Bar Association, September 1995

� PublicationsPrivate Mediation, Bar Beat, July 1995; Facilitative Mediation, April 1996 and Michigan Mediation Update, June 2004, Michigan Lawyers Weekly

Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 3 2 2005… A Great Year by H. William Reising, President

find myself both humbled and hon- County for the last several years. Iored to serve as the President of the My intent is to further expand the Genesee County Bar Association for role of the Genesee County Bar Asso- this year. I am following in the foot- ciation in association with Law Week. H. William Reising steps of individuals that, I believe, can We need to expand the Mock Trial during those years. I could not be hap- only be categorized as “pillars of the Program and consider other options pier than with that role. Bar”, and who have selflessly devoted which will allow our Association to On February 4, 2005, my wife and both time and energy to that end. I further its role of community service. I were blessed with a new granddaugh- can only hope that my Presidency The Lawyer Referral Service run by ter, Margaret Cecilia, who is doing measures up to that standard, and I can your association is an outstanding pro- gangbusters. She is growing up under assure all that I intend to do everything gram, and is a community service for the watchful eye of our daughter and I can do to make sure it does. which this association can take pride. son-in-law in the Windy City. Need- For those of you who have had Every effort will be made to make sure less to say, Grandpa and Grandma get occasion to read the column penned that the program remains viable, and I over there as often as possible. by Executive Director, Ramona Sain, hope to expand it to include more at- The crowning event is my el- in the May/June Bar Beat, you became torneys. evation to President of the Genesee aware of the acute financial crisis These are just some of the ex- County Bar Association. I have truly which faced the Genesee County Bar amples of what the Genesee County enjoyed my stint on the Board of Di- Association. The annual budget was at Bar Association is doing. None of this rectors, and in the other officer chairs, great risk, and it was through the ef- would be possible without the support leading up to the Presidency. forts of Ms. Sain, the other employees of those individuals who have chosen I assure you I will do everything of the Bar Association, and your Board to become members of this voluntary possible to make this organization a of Directors, that the issues related to association. I will remember it is a vol- better organization during my Presi- that shortfall were dealt with, and the untary association, and keep my eye on dency. If anyone has any suggestions, financial stability of the organization its goals to serve its membership and feel free to send them my way. I am was preserved. One way to make sure the community. looking for input on all segments of that the organization was preserved Having belonged to other Bar As- the legal community, and for that mat- was to recommend to the general sociations, I am pleased to report that ter, the community at large. membership a dues increase. No one the Genesee County Bar Association is likes a dues increase; there was no “head and shoulders” above the others CHARGE! other choice, however, for GCBA to with the services offered to its mem- continue its good work and be a vital bers, and its role in the community. force in the community. We can be pleased with our success BAR BRIEFS THANKS The revitalization of the “vital force and I hope to do everything possible concept” will be the primary focus of during the next year to make sure that Thank you from the Bar Briefs my Presidency. I intend to concentrate continues. editor Francine Cullari to the Bar on the development of an appropriate Enough said about serious top- Briefs Swimsuit Issue Committee: mission statement and a strategic plan, ics. The title of this article indicates so that the Association can remain vi- that 2005, from my perspective, has Brian Barkey able in the future. been a banner year for me. My rea- Richard Barron The strategic plan process was sons for saying that are many. Among Karen Folks recently completed at the State Bar those reasons is my 35th anniversary in Louis Giampetroni Clifford Hart level, resulting in a much more viable January 2005 with Plunkett & Cooney. David Lattie organization. I am very much aware Plunkett & Cooney is the only law firm Fred Meiers of that increased vitality due to my in- that I have worked with during my legal Ramona Sain volvement with the Representative As- career, and it has provided me with an Kraig Sippell sembly, on which I have proudly served environment which has allowed me to Reese Stipes Jim Wascha on behalf of the attorneys in Genesee grow both as a person and an attorney

Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 5 4 Law Day and 5K Successful by Ramona Sain, Executive Director

nce again, the Association hosted The event could not have succeeded Oa series of successful Law Day without their financial support. While events, culminating in a public lecture I was in Washington D.C. on race day, by attorney and mountain climber fretting about the snow blizzard, Tina, Ramona Sain Lou Kasischke, co-sponsored by the Star, all the volunteers and commit- Vice President, Kurtis Brown as Treasur- University of Michigan-Flint Recreation tee members had everything under er, and David Leyton as Secretary. New Center and Standard Federal Bank. control. As race chairman Judge John board members include Tim Knecht, There were over ninety attendees and Gadola said to me after the event, Steve Moulton, and Dennis Lazar, with following his presentation on "The Pow- "You worry too much. It’s probably a John Greene returning for an additional er of Will" about his 1996 ill-fated Mt. good thing you were in Washington!" term. Welcome. Everest climbing expedition, Kasischke Point well taken. entertained questions from the audi- Once again it’s the changing of ence. His story was truly compelling. the guard with officers and directors. Other Law Week highlights includ- Leaving the board is Immediate Past ed the mock trial for hearing impaired President Richard Barron (also retir- students at Southwestern Academy, ing from the county), and Directors presided over by Judge Beagle, the high Joan Pierson and Chris Ebbott. In school mock trial and session entitled many regards, the change is bitter- "Here Comes the Judge" featuring Judge sweet since board and staff relation- Stecco and Judge Roberts, the United ships often go back many years. But States Supreme Court admission trip, as Joan said succinctly, "Change is and the First Annual Motion Day 5K. good. Anyway, it’s not as if I won’t still Please take a moment to look at the be around!" race photos on the front inside cover Our new officers are H. William taken by Jerry Winegarden and also Reising as President, Kraig Sippell as the list of Motion Day 5K sponsors. A Lesson for All of Us

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Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 4 5 Genesee County Bar Association Bar Beat March/April 2005 4 7/8 x 3 3/4 $135 Hiring a Forensic Accountant by Stanley I. Foodman

ttorneys are employing certified in any case where he or she is needed. Apublic accountants who specialize Bringing the forensic accountant in in forensic accounting in ever-increas- early can lower expenses in a case by ing numbers. Universities worldwide identifying potential problems before are offering courses in forensic ac- they snowball. Waiting to bring in a counting. In the United States, law forensic accountant after discovery enforcement and regulatory agencies can result in a complex case becoming are recruiting forensic accountants. even more complex. Also, a forensic Professional organizations such as the accountant needs to begin reviewing American Institute of Certified Public all documents as soon as possible to Accountants, the Association of Certi- be the most effective in determin- fied Fraud Examiners, and the Associa- ing damages and/or helping with any tion of Certified Valuation Analysts are settlement negotiations. providing certification in specialized areas of forensic accounting. Beyond the resume The rush to employ accounting Locating an appropriate forensic experts raises questions. How does accountant is not necessarily easy. one locate a forensic accountant? Not all accountants have the same What skills and training should a fo- resumes. Locating a CPA with an in- rensic accountant possess? How does vestigative background and training is one verify the bona fides of a forensic the best starting point, especially when accountant? In the litigation process, ferreting information is necessary. Be- when should an attorney employ a cause a resume is no better than the forensic accountant? character of the person whom it pur- ports to support, asking for and check- Variety of skills A forensic accountant is someone with a combination of skills. Beyond being a CPA, a forensic accountant has auditing and investigating capabili- ties that are ideal for the complexity of litigation involving tax and finance. For example, a forensic accountant is extremely helpful with the investigative accounting needed for litigation support, particularly in cases that in- volve mountains of ledger sheets, bank statements and receipts. A forensic accountant can take a seemingly needle- in-a-haystack pile of financial information and distill it into the important elements that need to be presented clearly and concisely as courtroom testimony.

Get in early For the maximum benefit, a forensic accountant should be retained early

Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 7 6 ing references is absolutely necessary. of production requests and depositions an extensive background in accounting Finally, after locating a forensic accoun- and bring a forensic accountant into the with a major accounting firm and Florida tant and verifying bona fides, deciding process rather late. They probably do Power & Light. Foodman is a member of the suitable moment during litigation not realize that forensic accountants the Society of Certified Fraud Examiners to retain the expert may ultimately view information and sources of in- and a member of the Supreme Court determine success or failure. formation from a different perspective. of Florida Circuit Committee on the When seeking a forensic ac- Because rules of professional conduct Unlicensed Practice of Law. countant to help with a case, look at governing forensic accountants do not personal characteristics beyond the permit advocacy, and their training is in Classified Ads: resume. For example, the forensic a vocabulary completely different from accountant should have a “can do” that of attorneys, they dispassionately Lake Front Property Lake Fenton double lot--One of approach no matter how complex a see and make informational connec- the last remaining lake front sites. case – a confidence driven by curiosity tions often unseen by attorneys. In 80’on water, 100’ on street. Up high and persistence. In addition, a good fo- other words, capable forensic accoun- and perfect for a 3 level walkout. rensic accountant will have a sense of tants are able to “think outside of the Sandy, shallow for swimming, yet creativity and organization so financial box.” The earlier they join the team excellent for docking your boats. material is distilled into understand- during the process of litigating, the Seawall. Call Trish Zito-Smith. able terms that will not put a judge or more value they add to the attorney’s Prudential Great Lakes Realty jury to sleep. Finally, a forensic account team and the client’s case. 810-629-9452. will have the professional judgment and sense of discretion necessary in Miami-based forensic accountant Office Space any litigation. Stanley I. Foodman is a former auxiliary Be a part of the Historic Stockton special agent for the Florida Department Center at Spring Grove. Offices for A different perspective of Law Enforcement and has worked as lease range from 80 s.f. to 10,000 s.f. A significant number of commer- a consultant to the Miami office of the Fall Occupancy. Call Les Conley & cial and civil litigators feel that forensic U.S. Attorney in the area of civil RICO Assoc. for more info (810) 720-0058. accounting brings little to the process money laundering recoveries. He has

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Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 7 6 Strange but True by Don Harper Mills, M.D., J.D.

n March 23, 1994, the medical with the unloaded shotgun. He had no over the failure of his attempt to Oexaminer viewed the body of intention to murder her. Therefore the engineer his mother's murder. This led Ronald Opus and concluded that he killing of Mr. Opus appeared to be an him to jump off the ten-story building had died from a shotgun wound to the accident; that is, assuming the gun had on March 23rd, only to be killed by a head. Mr. Opus had jumped from the been accidentally loaded. shotgun blast passing through the ninth top of a ten-story building intending to The continuing investigation story window. The son had actually commit suicide. He left a note to the turned up a witness who saw the old murdered himself so the medical effect indicating his despondency. As couple's son loading the shotgun about examiner closed the case as a suicide. he fell past the ninth floor his life was six weeks prior to the fatal accident. It interrupted by a shotgun blast passing transpired that the old lady had cut off Dr. Harper Mills is a Clinical Professor through a window, which killed him her son's financial support and the son, of Pathology at the Keck School of Medi- instantly. knowing the propensity of his father to cine, University of Southern California, and Neither the shooter nor the use the shotgun threateningly, loaded Past President of the American Academy of deceased was aware that a safety the gun with the expectation that his Forensic Sciences. net had been installed just below the father would shoot his mother. Since eighth floor level to protect some the loader of the gun was aware of building workers and that Ronald Opus this, he was guilty of the murder even would not have been able to complete though he didn't actually pull the �� trigger. The case now becomes one of his suicide the way he had planned. �� "Ordinarily," Dr Mills continued, murder on the part of the son for the �� "Someone who sets out to commit death of Ronald Opus. �� suicide and ultimately succeeds, even Now comes the exquisite twist. �� though the mechanism might not be Further investigation revealed that what he intended, is still defined as the son was, in fact, Ronald Opus. He committing suicide." That Mr. Opus had become increasingly despondent was shot on the way to certain death, but probably would not have been successful because of the safety net, Est. 1916 caused the medical examiner to feel that he had a homicide on his hands. GOULD ENGINEERING, INC. The room on the ninth floor, Civil, Municipal, and Land Development Golf Course, Multi-Family Housing, Private School where the shotgun blast emanated, Engineering, GPS, Construction and Land Surveying was occupied by an elderly man and his A bridge to the future built on a legacy of excellence wife. They were arguing vigorously and 2040 East Maple Avenue he was threatening her with a shotgun. Flint, Michigan 48507 (810) 743-9120 The man was so upset that when he Fax: (810) 743-1797 pulled the trigger he completely missed www.gouldengineering.com Saginaw Rd., Perry Rd., Bush St.Re-Alignment his wife and the pellets went through CIVIL ENGINEERS the window striking Mr. Opus. LAND SURVEYORS When one intends to kill subject LAND DEVELOPMENT PLANNERS Contact us for consultation and professional services related to "A" but kills subject "B" in the attempt, ALTA surveys, MDEQ Permit Services, Condominiums and Subdivisions, and Court Survey Expert Witness Bicentennial Park - Grand Blanc Park Commission one is guilty of the murder of subject Services "B." When confronted with the murder charge the old man and his wife were both adamant and both said that they thought the shotgun was not loaded. The old man said it was a Private Waterski Lake Design SPO World Headquarters, GM Corporation long-standing habit to threaten his wife

Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 9 8 A New Life: Roberta J.F. Wray by Francine Cullari

he glamour of television reporting! After VE Day, the family moved TThe joys of investigative work! An back to Crawford County where industry where news readers are as Roberta attended elementary school. famous as newsmakers. Yet Roberta The Korean conflict brought the fam- Roberta Wray Wray gave it up at her peak to become ily back to more war production. The and during the holiday season. There a lawyer. What led to such a decision? family stayed in Flint after that, and were five movie theatres downtown. Let’s start at the beginning. Born Wray attended Flint Public Schools, Genesee Towers was built over the Roberta Jean Funsch, in Crawford graduating from Central High. After spot where the record shop stood, and County, Michigan, before World War a term at Flint Junior College, Wray the theatres either fell to the wrecking II, Roberta remembers dirt roads and spent a summer as an apprentice at ball or were converted to other uses. streets, wind-up Victrolas and 78 rpm the Musical Tent, helping present sum- After two years at the record shop, records, outhouses, and no electric- mer stock shows, including Can-Can, Wray landed a job with WKMF radio ity in rural areas. She moved to Flint Li’l Abner, Damn Yankees and Show- and also started shooting film and when her father went to work inspect- boat. She later worked in community reporting news part-time for Channel ing bomb sights after being classified 4F theater groups. The seed for perform- 6, Lansing. She was the first female (two small children to raise). Roberta ing was planted. TV photojournalist in Michigan and experienced the rationing of sugar, but- She found work at the Bill Lamb probably in the country. In 1964, after ter and rubber, and the squishy plastic Record Shoppe downtown, at a time a layoff from WKMF, Wray started a bags with the little yellow dot that sub- when stores were closed on Sundays four-year stint as a secretary at WTAC, stituted for butter. and only open late on Monday night while continuing her photojournalism,

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Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee�� County Bar Association BAR BEAT 9 8 ��

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�� eventually switching from Channel 6 to she needed a Bachelor’s Degree. She Horse Sense Channel 5, WNEM-TV. In addition to worked and went to U of M-Flint, the two jobs, Wray managed to take a graduating in December, 1990. Her Two horseback riders were few college classes. last TV program aired December 31, charged with drunk driving when With the passage of the Equal and she immediately began classes at they were involved in an accident Opportunity Act, and the purchase of Thomas M. Cooley Law School. She with a pickup truck. The Pennsylvania TV 5 by the Meredith Corporation, was 50 years old...and a bit. Supreme Court held that the state’s Wray became a full-time employee of After graduation, Roberta clerked drunk driving law does not apply to the news department covering every- for Judge Eugene Penzien in Bay horseback riders, on the grounds of thing from crime to the courts. She County while studying for the Bar vagueness. interviewed many celebrities, including Exam. She was admitted to practice in media personalities and scientists like 1995 and returned to Flint to associate Dissenting Justice Michael Eakin Drs. Werner von Braun and Jonas Salk. with David Nickola in his law practice. opined: She covered presidents and presiden- She accepted defender work as well tial candidates from John F. Kennedy to as a large percentage of the firm’s A horse is a horse, of course, of course, John Anderson. She had some memo- divorce practice. But she found she but the Vehicle Code does not divorce rable adventures along the way includ- was not meant for divorce work and its application from, perforce, ing wing-walking and flying with the left the firm. She considered reenter- a steed, as my colleagues said. Navy’s Blue Angels. ing broadcasting, but then Judge Evans Roberta Wray was living an excit- retired, along with his magistrate, and “It’s not vague,” I’ll say until I’m hoarse, ing life. But after nearly 30 years in Larry Stecco was elected. Roberta and whether a car, a truck or horse, broadcasting she became disgusted landed the magistrate position. this law applies with equal force, with the way news shows were being Today, instead of helping the public and I’d reverse instead. produced and filled with junk news and generally, Wray believes she makes a dif- exploitation. With federal deregulation ference on a more personal level. For of the airwaves, management became defendants who have dug deep holes more interested in ratings and the bot- with traffic tickets, she helps them to tom line than with “broadcasting in the correct problems with the court and public interest.” Wray found news di- the Secretary of State. Newly licensed rectors were more interested in having drivers who come before her get ad- someone burst into tears on camera vice she hopes makes them more re- than in what caused the tears. Feelings sponsible drivers. The role may not be were more important than facts. The as glamorous as that of news reporter, decision to leave the air came when but Wray never viewed her TV career Wray was told to find out how a family as a glamour job. She always consid- “felt” after their daughter died violently ered herself a serious journalist whose in an African outpost. role was to inform people. She still After much consideration, she does that, but in a calmer setting. decided to attend law school, but first

Letter to the Editor

Dear Editor: a Labor Day fishing contest, two out Shulman is known to have contacted Regarding the "dispute" being aired of 15 years. One of the "wins" was several criminal defense attorneys after in Bar Beat between Robert Segar and suspect, in that Mr. Segar claimed a David Leyton was elected Genesee Dennis Haley, over fish and fishing catch that was lost. This was confirmed County Prosecutor. rights on Walloon Lake, please permit by a participant who was "bribed" for Last, irrespective of the dispute me to set the record straight. this testimony at the award dinner. over the "secret spot" between Mr. First, the "secret spot" claimed by Third, the use of Leonard Shulman Segar and myself, Dennis Haley is Mr. Segar actually has belonged to me as an authority is most foul! Mr. FOREVER BARRED FROM THAT for many years. Shulman has a long history of fishing "SPOT". Second, Mr. Segar, who claims abuse, including the larceny of several multiple catches of large fish on fish from my pond, and the attempted Franklin H. Kasle Walloon Lake, has managed to win entry of such fish in the contest. Mr. Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 11 10 The First 180 Days and Beyond: David Leyton by John Potbury

ix months in office and Prosecutor truancy cases is often the parents, SDavid Leyton is off and running. and Michigan law does hold parents From the first hours in office, he has accountable for their children’s atten- found how exciting, fast-paced, re- dance. David says his goal is not to David Leyton warding, and high profile the Prosecu- punish parents but to do whatever it of 13 organizations for the elderly and tor’s office is. From the prosecution of takes to get kids in school. children, and for minorities in business. murder cases to crackdowns on drug A third priority is the prosecu- Leyton has been very active in the and prostitution rings, there is never a tion of drunk drivers. To hold drunk Genesee County Democratic Party as a dull moment. Unfortunately, as David drivers responsible for the death of county officer-at-large, on the Executive points out, prosecuting cases means innocent victims, Leyton says it is Committee and as its secretary, chair- that a crime has already been commit- imperative that local law enforcement man and vice-chairman of the Demo- ted. Victims, both individuals and the agencies and the prosecutor’s office cratic Club 225. At the state level, he community as a whole, have already have all the tools necessary to inves- has been on the Resolutions Commit- suffered. As a result, he notes, the tigate crash scenes. Competent and tee, and is a member of the 8th Congres- traditional nature of the prosecutor’s thorough investigations are crucial to sional District Committee. office is often reactive toward criminal successful prosecution, and Leyton’s David’s professional affiliations in- activity rather than proactive. office is working with the Sheriff’s clude his sustaining memberships in the To be more proactive, one of Ley- Department, local police agencies, and Michigan Trial Lawyers Association and ton’s top goals will be to stem the tide the State Police to form a fatal alcohol GCBA, and memberships in the national of youth crime. He feels that youth crash team. and Flint Trial Lawyers Associations. He crimes, in and of themselves, need to Many readers learned about has been chosen for seven positions in be prosecuted to protect society, set David during the 2004 election. A the Tau Epsilon Rho Law Society since standards of right and wrong, and few reminders are included here. He 1989, from national scholar to national punish the offender. Whether it be a practiced law at Leyton & Kasle, P.L.C. chancellor. felonious assault on a school bus, mali- from 1982 to 2004, after graduating At the University of Toledo, he was cious destruction of property, or using from Cooley Law School. While in the Sigma Delta Chi, Outstanding Grad- the internet to plot against other stu- practice, he was involved in many uate in Journalism. He has four awards dents, Leyton avows that his office will activities, including clerk of Flint from the Associated Press of Michigan, hold those responsible accountable. Township for five years and trustee including the 1978 award for General He hopes that sending a strong mes- for three years before clerk, as well Excellence for Individual Reporting. Da- sage to youthful offenders will restrain as member of the Board of Appeals vid has been an instructor for ICLE on others from committing similar acts. and the Airport Airpark Development the no-fault law and prepared presenta- Another proactive priority during Advisory Council, and chairman of tions on jury selection techniques and Leyton’s first term will be a truancy the Building and Grounds Commit- personal injury claims investigation for initiative aimed at the elementary lev- tee, the Liquor Advisory Committee, the Tau Epsilon Rho Law Society. els. Leyton says that chronic truancy in and Elections Commission. During the early years affects a child’s perfor- those years, he managed to find time mance immediately and in later grades, to marry Therese and have four chil- often leads to dropping out of school dren: Aimee, 22, Andrew,19, Erica, 17, and getting into trouble with the law, and Adam,16. and greatly diminishes prospects for He has continued in his volun- success in life. It is for those reasons teer activities since the election and that Prosecutor Leyton intends to is now the secretary of the GCBA deal with truancy in collaboration with board, having previously served school officials, Judge Beagle, and other on its Marketing and Membership entities. Committee and LRIS. His numerous David finds the underlying -prob other volunteer activities include lem in the most serious of school serving on the board or as a member David and Therese Leyton at the Motion Day 5K

Genesee County Bar Association BAR BEAT July/August 2005 July/August 2005 Genesee County Bar Association BAR BEAT 11 10 ��

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Genesee County Bar Association PRSRT STD 315 East Court Street U.S. Postage Flint, Michigan 48502-1611 PAID Flint, MI Permit No. 125