Macomb judge to decide later whether to disqualify himself from county prosecutor's case

A Macomb County Circuit Court judge is taking under advisement a motion that he disqualify himself from presiding over a lawsuit the county prosecutor filed against the county's top attorney and ethics board.

Prosecutor Peter Lucido says a campaign contribution linked to Judge James Maceroni creates an appearance of impropriety as it relates to Lucido's lawsuit.

Todd Perkins, an attorney for the Republican prosecutor, filed a motion Aug. 12 after he discovered Maceroni contributed to the campaign of Christina Hines, the Democratic candidate for county prosecutor in the upcoming general election in November. The date of the campaign contribution is more than seven months before the June 28 filing of Lucido's lawsuit, which is in Maceroni's court.

More: Macomb Prosecutor: Judge who contributed to my opponent's campaign should be disqualified

More: Macomb County Prosecutor Peter Lucido sues county's top attorney, ethics board

Perkins argued to Maceroni on Monday that the $100 political contribution made to Hines' campaign on Nov. 15, 2023, (per a campaign finance record) is "not about the money, but a bias, the perception of what could be impropriety."

When Maceroni said that is "a pretty typical donation," Perkins responded: "It is." But, Perkins said, it was not something the judge disclosed.

County Corporation Counsel John Schapka, whom the ethics board has also sued, said Lucido is arguing the appearance of bias or prejudice and "that is not the standard." He told Maceroni that Lucido needs more than "I don't like it."

Maceroni said Monday that he doesn't "know if the court is in a position to disqualify itself based on the argument brought forth today."

He said there was a lot of "argument on movement," but not much in the way of analysis. Maceroni said there have been several lawsuits involving public officials in the same court in the past, including those involving the county executive and the county board of commissioners.

Mark Brewer, a former Michigan Democratic Party chairman, lodged his first of two complaints against Lucido with the ethics board in February. Lucido's motion to disqualify indicates Brewer is the leader and/or adviser for Hines' political campaign.

"You don't have this case without Mr. Brewer or Miss Hines," Perkins told Maceroni in court Monday.

The ethics board dismissed one of Brewer's complaints and voted to forward the other to a public hearing. The remaining complaint alleges Lucido used county property, buildings and offices to create a photo of himself for political campaign purposes. Perkins has disputed the allegation.

Lucido is asking Maceroni to refer the disqualification motion to the court's chief judge should Maceroni deny it. They want the lawsuit to be referred to another judge by blind draw.

Court records indicate an opinion and order are to be issued. Maceroni did not say Monday how long he will take to make a decision.

Contact Christina Hall: [email protected]. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Macomb judge to decide later whether to disqualify himself from county prosecutor's case