Fiduciary duty to City of Detroit Municipal Corporation
To Judge Steven Rhodes: Regarding the bankruptcy of the City of Detroit Municipal Corporation, I am concerned our attorney, the Jones Day firm, has a financial conflict in representing us in negotiations and big deals with Wall Street municipal bond firms. Also, the State of Michigan and its agents, the governor and emergency manager, have financial and fiscal conflicts with the City of Detroit. Therefore, I am concerned about their ability to fulfill attorney and fiduciary duty to the City in representing us in bankruptcy.
I believe there have been no other municipal or Chapter 9 bankruptcies with emergency manager type laws usurping the City Charter approved by the People of Detroit and usurping the powers of elected representatives — including the powers to file bankruptcy under Chapter 9. My study of bankruptcy law to this point informs me the 10th Amendment to the U.S. Constitution is given special deference, because of the direction of the first Supreme Court case on Chapter 9 to do so — Ashton v. Cameron County Water Improvement Dist. No. 1; United States v. Bekins 304 U.S. 27 (1938).
The 10h Amendment to the U.S. Constitution states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (emphasis added -CB).”
The 10th Amendment reserves rights, not only to the states, but to the people as well. Detroiters must argue in bankruptcy court that our rights to no-taxation-without-representation through our City Charter-mandated elected officials established to represent us are 10th Amendment constitutional rights reserved to “We, the people” that must be upheld in Detroit’s Chapter 9 bankruptcy by the court allowing appearances of attorneys without conflicts, such as Krystal A. Crittendon and myself.
Charles Brown, Esq.