TRAVERSE CITY -- Grand Traverse County Circuit Court Judge Philip E. Rodgers acknowledged he erred when he called Meijer Inc.'s former attorney a liar and issued an apology.
But Rodgers said he won't step aside in an ongoing lawsuit between Acme Township officials and Meijer, the Grand Rapids-based retailer.
Rodgers launched a day of court motions Monday by first acting upon a request that he disqualify himself from the Meijer suit. His purpose: To "eat his humble pie," Rodgers said.
"I was completely and totally in error and for that mistake I personally and publicly apologize," he said.
Meijer's former law firm, Dickinson Wright PLLC, and attorney Timothy Stoepker asked Rodgers to recuse himself because of "substantial personal bias and prejudice" against Stoepker and the law firm in a lawsuit filed by Acme Township planning commissioner Robert Carstens.
Carstens' suit charges that Meijer, the Village at Grand Traverse LLC and its former attorneys intentionally harmed township officials through a frivolous 2005 lawsuit, illegal campaign activity and secret financial support of a citizens group targeting township officials.
Rodgers said that during a June 23 hearing he wrongly accused Stoepker of lying to him about his knowledge of Meijer's illegal involvement in Acme Township elections.
But Stoepker wasn't present at the hearing Rodgers referenced. The attorney who made the statements that prompted Rodgers' ire wasn't involved in Meijer's secret campaign activities.
Rodgers said his mistake wasn't sufficient to disqualify himself from the case. He previously praised Stoepker as an "extremely bright and capable attorney," Rodgers said.
Stoepker's attorney, Roger Wotila, of Cadillac, said the "lengthy apology" removes one blight from Stoepker's reputation. He also challenged allegations that his clients behaved improperly while they worked for Meijer.
"Documents show Mr. Stoepker and Dickinson Wright doing some work for Meijer," Wotila said, adding he found it puzzling that some "assumed" Stoepker and Dickinson Wright knew Meijer hid its illegal campaign acts.
Traverse City attorney Mike Dettmer represents Carstens and said documents, contracts and billing invoices from Meijer and Dickinson Wright "speak for themselves."
The documents show Stoepker's direct involvement with Meijer officials and Seyferth Spaulding, a Grand Rapids public relations firm that worked behind the scenes to orchestrate a 2007 recall of the Acme Township's Board of trustees.
And documents from Meijer's internal investigation and report to the Michigan Secretary of State show Stoepker drafted ballot language in a 2005 referendum election.
Meijer spent more than $100,000 from 2005 through 2007 on its admitted illegal conduct in two township elections, including payments to Dickinson Wright and Stoepker. Meijer's actions resulted in more than $190,000 in fines from the state.
During a sworn deposition in 2007, during former Acme Treasurer Bill Boltres' lawsuit against Meijer, Stoepker denied knowledge of Meijer's involvement in the 2005 election.
"I took that as an untruth; he just didn't do it in open court (before Rodgers)," Dettmer said.
Wotila said Stoepker and Dickinson Wright haven't decided if they will ask another judge to disqualify Rodgers. Another judge would have to be appointed by the state court administrator's office, he said.
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