Judge Kathleen Ryan Suspended Amid Racist and Homophobic Comments
Oakland County, Michigan Judge Kathleen Ryan made national headlines last week after recordings highlighting racist and homophobic comments caused her to be suspended from the bench pending a review by the state’s Judicial Tenure Commission (JTC).
Investigating Abuse and Exploitation
In 2019, my team and I investigated allegations of the systemic abuse and exploitation of thousands of Michigan’s most vulnerable citizens by attorneys employed as professional guardians in cases heard by Ryan and her three colleagues on the bench, Judges Daniel O’Brien, Linda Hallmark, and Jennifer Callaghan.
The Harsh Reality of Guardianship
Florida Rep. Claude Pepper once called guardianship “the most punitive civil penalty that can be levied against an American citizen, with the exception, of course, of the death penalty.” In these cases, when an individual is declared unable to manage their own affairs by a probate or family court judge, they become a “legally incapacitated ward.” A court-appointed professional guardian or conservator assumes control over every aspect of their ward’s life.
- Homes
- Bank accounts
- Retirement and social security income
- IRAs
- Life and health insurance
- Wills and trusts
- Property
- Passports
- Driver’s licenses
- Voter registration cards
Control Over Personal Lives
Guardians also dictate where their wards will live, whether they can own a cellphone or a computer, where they may or may not go, who they are and are not allowed to see, and what they are or are not allowed to eat.
Troubling Patterns in Oakland County
A review of 2,278 Oakland County guardianship cases published in The Daily Kos and The Journal of Forensic and Investigative Accounting discovered a troubling pattern of individuals placed under guardianship, without medical evidence or the ability to testify in their defense, who allegedly had their bank accounts drained in as little as a year by massive overbilling while cars and personal valuables were unaccounted for.
Abuse and Neglect
Alleged victims were forced out of their homes and into nursing, assisted living facilities, and small group homes where they suffered abuse and neglect in living conditions, some of which were, at best, subhuman.
Unfair Property Sales
Their homes were sold at below market value to local investors or associates of the guardians who then resold the properties at market value or higher (known as a “strawman sale”).
Tragic Case of Billy Garner
One such ward, World War II veteran Billy Garner, died after contracting scabies mites in a nursing facility in which his guardian had placed him, ignoring concerns about the conditions there. He was not alone.
Pushback Against Complaints
When wards or their family members complained or tried to have their guardianships terminated, Ryan and her colleagues pushed back, sometimes punitively, and deferred to the professional guardians, a number of whom had made donations to their judicial campaigns.
Thanksgiving Abandonment
In one instance, my team and I found three women under Oakland County guardianship who had been left abandoned for the Thanksgiving holiday, but not before the owners of their small group home had padlocked the refrigerator shut.
Campaign Contributions and Conflicts of Interest
Ryan’s 2010 campaign for Oakland County Probate Court judge received contributions from three professional guardians who worked in her courtroom, as well as cash and in-kind contributions from O’Brien.
She also received a donation from Michigan Attorney General Dana Nessel, who on March 25, 2019, announced an Elder Abuse Taskforce charged in part with reviewing measures to reform Michigan’s probate system. To date, no reform bills have been passed and there is no indication that the Oakland County professional guardians named in my team’s report have been investigated.
Accusations of Racism
Attorneys who work in Ryan’s courtroom have been accused of racism.
In 2018, retired neurologist Dr. Bashar Abou-Rass, the neighbor and longtime friend of a Bloomfield, Michigan man Thomas Howard found himself in Ryan’s courtroom after he was advised by a hospital social worker to petition for guardianship of Howard.
At the guardianship hearing, Ryan denied Abou-Rass’s petition in favor of probate attorney and then-State Public Administrator Thomas Brennan Fraser, also a donor to Ryan’s campaign.
Guardian ad Litem and Redford, Michigan probate attorney Melinda Cameron was present to represent Howard’s interests. Before the hearing commenced, Abou-Rass had opened the door to the courtroom to allow Cameron to enter before him.
“She didn’t look at me, she didn’t say a word to me,” he remembered. “After it was all over, I was waiting for the order to release me as guardian. I said to Cameron, ‘Ma’am, the next time someone opens the door to you, at least say thank you.”
He says Cameron’s response was heard by both Ryan and Fraser.
‘Oh yeah, yeah, yeah, you’re confusing me with women from your country.’”
“Cameron said to me, ‘Oh yeah, yeah, yeah, you’re confusing me with women from your country.’”
A stunned Abou-Rass filed a complaint with the Michigan Attorney Grievance Commission (MAGC). He asserted that neither Ryan nor Fraser would testify on his behalf.
“Cameron said that it was all lies,” he recalled. “The case was closed.”
The MAGC took no disciplinary action against Cameron.
Neglect Under Fraser’s Guardianship
In the under two years of Fraser’s guardianship Howard allegedly suffered neglect at the nursing homes in which he was placed, had his bank accounts drained through overbilling and his homes undersold and flipped. Although Howard had a car at the time he was placed under Fraser its value was not mentioned anywhere in Fraser’s filed accounts. The disposition of the car was unknown.
Howard died in February 2018 after numerous incidents in the nursing home were reported to Fraser but ignored.
Calls for Change
Ward family members and advocates fighting for change in Michigan’s guardianship system say that the allegations against Ryan are just the tip of an iceberg of corruption, theft, neglect, and abuse. Allegations are so rampant about Oakland County’s probate courtrooms it has quickly earned a reputation amongst litigants and the few probate attorneys willing to fight against guardianships imposed there as venues where the deck is stacked against them before their cases are even heard.
Challenges in Finding Representation
According to numerous families who spoke with my team and I, if their case has anything to do with the Oakland County Probate Court, attorneys either decline to represent them or ask for an exorbitant retainer. Two such attorneys stated that the reason was a high probability of facing punitive sanctions or a disciplinary investigation, by the MAGC, for challenging a probate judge’s appointee.
Lack of Accountability
Meanwhile, they say numerous complaints to the Judicial Tenure Commission have gone unanswered and uninvestigated.
To date, none of Oakland County’s public administrators or professional guardians have been charged with a crime. Both the JTC and Michigan Supreme Court have yet to enact any disciplinary proceeding against probate court judges.
FAQs on Michigan Probate Judge Kathleen Ryan and Racism
The article discusses allegations of racism and corruption involving Michigan Probate Judge Kathleen Ryan. Here are some frequently asked questions and their answers:
1. Who is Kathleen Ryan?
Kathleen Ryan is a probate judge in Michigan who has been at the center of controversy due to allegations of racism and corruption.
2. What are the allegations against Kathleen Ryan?
The allegations include claims of racial bias and corruption, suggesting that Judge Ryan has unfairly treated minority individuals in her court proceedings.
3. What evidence supports the allegations of racism?
The article mentions specific instances where Judge Ryan’s decisions were perceived as discriminatory, including cases involving minority litigants who felt they were treated unfairly.
4. Is this an isolated incident, or is it part of a larger issue?
The article suggests that the allegations against Judge Ryan are part of a broader problem of systemic racism and corruption within the judicial system in Michigan.
5. How has the community reacted to these allegations?
The community has expressed outrage and concern over the allegations, calling for greater transparency and accountability within the judicial system.
6. What steps are being taken to address these allegations?
There are ongoing investigations and calls for reform to ensure that the judicial system is fair and equitable for all individuals, regardless of race or background.
7. Can a judge be removed from office due to these allegations?
Yes, if the allegations are substantiated, there are legal procedures that can lead to the removal of a judge from office, including impeachment or disciplinary action by the state’s judicial oversight bodies.
8. How does this impact the trust in the judicial system in Michigan?
The allegations have eroded trust in the judicial system, highlighting the need for greater transparency and accountability to restore public confidence.
9. Are there any similar cases involving other judges in Michigan?
The article does not specifically mention other judges in Michigan but suggests that systemic issues may be more widespread than initially thought.
10. What can be done to prevent such incidents in the future?
To prevent such incidents, there needs to be robust training programs for judges on diversity and inclusion, regular audits of court proceedings, and stronger oversight mechanisms to ensure fairness and equity in all judicial decisions.
