Featured photo: Domonique Clemons
FLINT – Genesee County Prosecutor and Corporation Counsel David Leyton said an Ingham County Circuit Court ruling on August 7 dismisses two lawsuits that challenged the process used by Genesee County in filling the formerly vacant position of County Clerk register of deeds.
The matter arises out of the appointment of Domonique Clemons to the Genesee County Office of the Clerk-Register on December 6, 2022. The position was vacated in October when then Clerk-Register John Gleason resigned one day after entering a misdemeanor plea agreement with prosecutors that required him to leave his position and never seek local elective office again.
Clemons was appointed to fill the vacant clerk-register position by Judges of the Genesee County 7th Circuit Court in accordance with the state constitution. Subsequently, two lawsuits were filed against the County challenging the appointment process and at the same time alleging violations of the state’s Open Meetings Act and Freedom of Information Act.
The recent ruling dismissed all claims of both lawsuits in their entirety. According to Leyton, the state’s constitution establishes both the Office of Clerk and Register of Deeds as separate offices, but also allows counties to combine the two as one position, which Genesee County did in 2012.
However, the state constitution only provides for a specific process for filling a vacancy in the Clerk’s Office, while it is silent on the process to be used to fill a vacancy in the Office of Register.
The constitution and a state statute both mandate that a vacant clerk’s position be filled by judges of the local Circuit Court, whereas a statutory provision dictates that a vacancy in the register position be filled by an appointment by a body comprised of the clerk, the prosecutor and chief probate judge.
Leyton said in the end analysis, the Court ruled the constitution prevails over a statutory provision and therefore, the process used by Genesee County was lawful and valid.
“The appointment of Domonique Clemons to the position of Clerk-Register was done in accordance with the state constitution,” said Leyton. “I want to thank my staff in Corporation Counsel, particularly Ashley Prew, who drafted the county’s briefings and lead the charge in court, for their exemplary work in bringing this litigation to a successful conclusion.”
“Today it was again affirmed that the correct and proper process took place in
appointing me to the office of Genesee County Clerk-Register,” Clemons said.
“Since day one in this role, I have been dedicated to improving office operations and providing exceptional services to all residents of Genesee County,” Clemons added. ” I am relieved to have this case resolved and excited to continue the work of serving our residents for the remainder of this term, and am hopeful for the opportunity to continue serving for years to come.”
The court also ruled that the Open Meetings Act and Freedom of Information Act do not apply to the judiciary and, therefore, those claims were also dismissed outright.
