BERRIEN COUNTY COMMISSION PAID TRIBUTE TO BERRIEN COUNTY TRIAL JUDGE DENNIS WILEY

By DEBRA HAIGHT
BCR Correspondent

ST. JOSEPH – Berrien County Commissioners paid tribute to Berrien County Trial Judge Dennis Wiley at their weekly meeting last week. Wiley is retiring at the end of this year after a long career in public service.

Judge Wiley is retiring this year after a long career as a prosecutor and then judge in the county. After graduating from the University of Notre Dame Law School in 1973, he served in the U.S. Army’s Judge Advocate General’s Corps from 1974-78 and joined the Berrien County Prosecutor’s Office in 1981.

He became the Chief Assistant Prosecutor in 1983 and served in that role until appointed to be the County Prosecutor in 1989. He was appointed to be a Berrien County District Judge in 1996, elected to the post in 1998 and then re-elected to that position three more times with his current term expiring at the end of this year.

The achievements mentioned in the county’s resolution honoring him including establishing the Berrien County Drug-Free School Zones and assisting in bringing the U.S. Department of Justice’s “Weed and Seed” Program.

The resolution stated that “Whereas, beyond the bench, he is a Veteran, a dedicated family man, and an active contributor for the betterment of the communities that surround us.”

It went on to state that his actions “echo the mission of Berrien County by providing leadership, cooperation with all units of government, sound fiscal management, and planning thereby promoting public safety, health, well-being and prosperity in order to improve the quality of life for present and future generations.”

Berrien County Board Chairman McKinley Elliott was among those paying tribute to Wiley who was in attendance. He noted that he has known the judge for over 40 years, from the time when both were starting out as young lawyers.

“I’ve had occasion to disagree with him when he was the prosecutor,” Elliott said. “But even when we disagreed, I knew his compass point was true north and he carried that on to his time on the bench. It’s been an honor to call him a friend and it’s entirely fitting and appropriate to honor him.”

Berrien County Sheriff Paul Bailey also honored Wiley. “I’ve known Judge Wiley for 32 years and I want to thank him for his service to the country,” he said. “He was a great person to work with as a prosecutor. I give kudos to him for a job well done.”

Judge Wiley received a standing ovation from all those in attendance and then took time to reflect back on his years with the county. “Thank you so much for this honor,” he said. “… It’s been truly a privilege to work here in Berrien County. In my humble opinion, it is one of the finest places to work.

He looked back on his years in the prosecutor’s office and the cooperation that office had from not only the Berrien County Sheriff’s Department but also adjacent counties. He said the “Weed and Seed” program proved to be successful in getting the “bad guys” out of neighborhoods and then bringing in services to help those areas.

“All those things reflect positively on our community and it’s been my honor and privilege to serve my country, my state and my county,” he said.

Also last week, County Commissioners approved having the county enter into a settlement agreement in a class action lawsuit involving multiple plaintiffs and multiple defendant counties. The lawsuit was filed in 2014 in U.S. District Court and is now before the Sixth Circuit Court of Appeals.

Corporate Counsel Thaddeus Hackworth spoke about the proposed settlement at the board’s Dec. 15 meeting. The lawsuit is Wayside Church et al vs. Van Buren County and other counties and is over proceeds from tax forfeiture auctions done 2013-20.

The Michigan Supreme Court ruled in 2020 in a similar case, that of the Rafaeli v. Oakland County. In that ruling, the Michigan Supreme Court ruled that excess profits from tax foreclosure sales cannot be kept by counties and must be returned to property owners.

In the Wayside case, the church fell behind on its 2011 property taxes on a parcel the church had used as a youth camp. Van Buren County foreclosed and took the property, selling it for $206,000 to pay the $16,750 the church owed in taxes, penalties, interest and fees.

Hackworth said he the different parties have agreed on a settlement which would require the defendant counties including Berrien County to pay 80 percent of the excess proceeds from these auctions from 2013-2020.

He said that moving forward the new state laws adopted after the 2020 Rafaeli decision includes the claims process for people to get those excess profits. He said the settlement should resolve a mass of pending claims against the county.

The resolution approved by commissioners noted that the parties had been participating in settlement negotiations under the oversight of the 6th Circuit Court of Appeals Mediation Process. The parties concluded that they are “desirous of avoiding future litigation and controversy”.

The settlement and release agreement is still subject to the approval of the Court. It also was noted that the agreement is not an admission of liability. The settlement agreement was brought before commissioners after consultation with and endorsement by Hackworth as well as County Treasurer Shelly Weich.