Nessel slams Michigan commission for delaying disciplinary action on false Trump elector
Lansing — Attorney General Dana Nessel on Wednesday criticized the Michigan commission in charge of investigating lawyers after it delayed potential penalties against a Republican who signed the certificate falsely claiming Donald Trump won the state's 2020 presidential election.
A panel of three lawyers decided Wednesday morning to pause the discipline process against Mayra Rodriguez until pending criminal charges, brought by Nessel, against the 64-year-old Grosse Pointe Farms lawyer are resolved. Cora Morgan of the Attorney Grievance Commission, which had formally sought the disciplinary proceedings, told the panel that she and Rodriguez had both agreed on the delay.
Little explanation for the move was provided during a virtual hearing, but Morgan said it would "allow that matter to proceed and result before this matter proceeds." It could take months for the criminal case against Rodriguez to conclude.
Nessel, a Democrat, called the commission's decision “appalling,” noting many other licensed professionals have their licenses suspended by the state when charged with a crime.
“Many of the criminal cases in Michigan and federally will not be adjudicated before the 2024 election,” Nessel said on social media. “Which means any of these attorneys who participated in an effort to undermine and overthrow our lawful elections can be paid to do so again next year.”
The Michigan Attorney Grievance Commission found in April that Rodriguez’s role as one of the 16 Republicans who signed and submitted to the federal government a certificate, falsely claiming to be Michigan's presidential electors, merited discipline from the Attorney Discipline Board.
The commission argued she "engaged in conduct involving dishonesty, fraud, deceit or misrepresentation, where such conduct reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer."
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The Michigan Attorney Discipline Board scheduled a hearing Wednesday on the commission’s recommendations, when the panel of lawyers who will decide what penalties are appropriate, if any, delayed those considerations in light of criminal charges issued against Rodriguez last month.
Rodriguez and the other Republican electors were charged with having falsely signed and submitted a certificate alleging Trump won Michigan’s electors in the November 2020 election. Rodriguez was the secretary of the Michigan GOP electors and the only licensed attorney among the 16 who signed the certificate.
Each of the 16 is facing eight felony charges in relation to the signing of the document and its submission to federal officials, including forgery and uttering and publishing.
Michael Goetz, grievance administrator for the Attorney Grievance Commission, said he had not yet read Nessel’s statement on social media. He said it’s not unusual for the commission to seek a delay where a criminal proceeding is initiated. He said the delay allows for a streamlining of efforts and aids the commission with uncovering additional evidence.
Goetz said the criminal charges also would allow an attorney targeted in a commission proceeding to plead the Fifth Amendment, impeding efforts for meaningful resolution of a case.
"We want to make sure we’re doing everything in this proceeding to the best of our ability,” he said.
Goetz noted the commission could reverse its recommendation and proceed with the hearing if it feels criminal proceedings are moving too slowly.
Nessel has taken to Twitter before to criticize the state’s attorney discipline arm.
A year ago, the attorney general slammed the state Attorney Grievance Commission for failing to take prompt action on a complaint she had filed against other attorneys who sought to overturn the 2020 election.
Nessel suggested the State Bar of Michigan should give partial refunds to lawyers who pay the dues that in part finance the commission’s investigations.
Another high profile Michigan lawyer, Aghogho Edevbie, the deputy secretary of state, also criticized the grievance commission on Wednesday, writing on Twitter that "it would be nice" if the grievance commission "embraced" a responsibility to protect our democracy.
"While it might make sense to postpone the Rodriguez proceedings, there are many other lawyers that need to be held accountable," Edevbie added.
Rodriguez's arraignment in the criminal case is scheduled to take place Aug. 10 in Ingham County district court.
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