--AFRO Staff

Detroit Mayor Kwame Kilpatrick
(Photo: Google Images)

(August 19, 2008) - A Wayne County judge ruled Monday that the Detroit City Council does not have the legal authority to oust Detroit Mayor Kwame Kilpatrick from office.

The Detroit Free Press said the ruling shifts the mayor's professional fate to Gov. Jennifer Granholm, who is set to hold her own ouster hearings on Sept. 3.

Wayne County Circuit Judge Robert Ziolkowski ruled that Detroit's charter provides too vague a basis for the council's efforts to remove Kilpatrick. Councilman Kwame Kenyatta told the Free Press he was disappointed, but not surprised by Ziolkowski's ruling. "To some degree, the language in the charter is vague," he said, while noting he still believes the council does have the power to remove Kilpatrick.

Godfrey Dillard, one of two lawyers who filed the lawsuit challenging the council’s authority, said "Democracy won today. The integrity of the vote was upheld. The separation of powers stands for something. The City Council can't be prosecutor, judge and jury."

The council had argued there were three charter violations: that the mayor used his office for private gain; that he failed to disclose a secret side deal to settle police lawsuits in return for hiding embarrassing text messages, and that he spent taxpayer money while committing a charter violation.

Still, Kilpatrick’s legal troubles are not over. He’s free on bond but faces yet another day in court Aug. 22 after a judge ruled last week there’s enough evidence for him to stand trial on two felony assault charges stemming from an alleged confrontation with investigators trying to serve a subpoena on a Kilpatrick friend.

Judge Ronald Giles’ ruling came one day after the embattled mayor and his former chief of staff Christine Beatty were in court for an arraignment on another set of felony charges stemming from a text message scandal that has dogged the Kilpatrick administration. Kilpatrick and Beatty were charged in March with conspiracy, perjury, obstruction of justice and misconduct in office.