Judge Dana Fortinberry said she probably wouldn’t repeat actions leading to a barrage of negative media coverage earlier this week, but not because she was in error.
‘I would be afraid my opponent would make it into a media circus and make it look like I did something wrong,? Fortinberry said.
A Detroit Free Press story, Tuesday, July 29, described how a campaign volunteer for opponent Joseph Fabrizio staked out property on Citation Drive near the 52-2 District courthouse and surreptitiously photographed Fortinberry pulling up a couple of Fabrizio’s political signs.
The story, written by court reporter Lori Brasier, did not identify the volunteer, because he feared ‘reprisals from the judge.?
Brasier declined to discuss further why he was not identified, saying it was an internal, newsroom matter.
She received a tip from the volunteer that morning, she said.
‘Powerful people involved in controversy ? it makes an interesting story,? said Brasier, who also teaches journalism at Oakland University. ‘I don’t know how this will affect the election. It may not have any effect.?
Fabrizio said his signs should have been permitted because they were in the roadway easement.
‘They were in a public right of way,? he said.
Fortinberry said road easements allow government to improve and widen roadways, but should still be considered private property when it comes to political signs.
‘It’s a misinterpretation of the law,? she said. ‘The government has an easement to put in sewers or widen a road, projects for the common good. It’s a government right, not a private right.?
Township Supervisor David Wagner, responsible for enforcing the township’s sign ordinance, agrees.
‘You have to get the owner’s permission,? said Wagner, who supports Fortinberry’s campaign and is running for reelection himself. ‘The road commission can do what they want, but it’s still private property.?
A phone message was left with Road Commission for Oakland County for comment.
If Fortinberry had called township hall, Wagner would have sent a code enforcement officer to take it down, and property owners are permitted to remove signs for which they did not give permission, he said.
‘Virtually every piece of property has utility or road easements of some sort,? Wagner said. ‘If signs are allowed there, you could put them just about anywhere.?
Larry Barnett, owner of the Citation Drive property, disagreed strongly that road easements mean public ownership.
‘I own the property, the whole thing,? Barnett said. ‘There’s no easement for signs.?
He gave permission to Fortinberry for her political signs, but not to Fabrizio, and also gave permission to Fortinberry’s campaign to remove Fabrizio’s signs, he said.
‘I dealt with (Zach) Baneche,? Barnett said. ‘He told me Fabrizio put the signs on my property ? I gave him permission to remove them.?
Fabrizio said he didn’t place the sign himself, and his policy is to ask permission of property owners, he said.
He was not directly involved in the incident, learning of it when the volunteer called him about 9 a.m., Tuesday. But, having lost many signs this campaign, he asked volunteers to keep an eye on them, he said.
‘I jokily said if you happen to see someone remove a sign, not to confront anyone, but take a picture, such as with a camera phone,? he said.
Brasier reported Fortinberry pulled out the signs at about 8:45 a.m., noting court started at 8:30 a.m. Fortinberry responded she was still on time.
‘The doors open at 8:30 o’clock. I don’t get on the bench until 9 o’clock,? she said. ‘I spend a lot of personal time doing this job. Anyone insinuating anything different needs to follow me around some time.?
The incident has turned into a diversion from the issues, which benefits Fabrizio’s campaign, she said.
‘He has no qualifications, no endorsements,? she said. ‘This is a smokescreen.?
Fabrizio agreed focus should be on issues, but the incident provides a snapshot of why he is running for district judge, he said.
‘The incumbent is no stranger to the judicial tenure commission and controversy,? he said, referring to a 2005 censure of Fortinberry by the commission.
The censure was in connection with a letter the judge wrote in 2004 to the Oakland County Deputy Sheriff’s Association. The commission found she made baseless charges of cover-up by law enforcement of a murder.
‘A judge should resolve controversy, not create it,? Fabrizio said.
The sign incident has the appearance of impropriety, he said.
‘It lends itself to looking suspicious,? he said. ‘It’s not something you would expect from a sitting judge.?
However, media coverage of the incident, picked up by UPI and found through Google on a news web site based in India, has been blown out of proportion, Fortinberry said.
‘I think I’m being made out to be the bad guy ? I did what I had permission to do,? she said. ‘I hope future press coverage is fair.?
Fortinberry, Fabrizio, and challengers Mark Lyon and Fred Miller are running for district judge in the Aug. 5 primary election.