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Posted on Thu, Jan 14, 2010 : 4:09 p.m.

Ann Arbor senior assistant city attorney suspended for 8 days

By Lee Higgins

An Ann Arbor senior assistant city attorney convicted of drunken driving has been suspended from work without pay for eight days, according to a memo obtained today by AnnArbor.com under the Freedom of Information Act.

Robert William West, 57, who spent years prosecuting drunk drivers, pleaded guilty last month to operating while visibly impaired.

Bob_West.jpg

Robert West

He has not yet served the suspension, said West’s supervisor, City Attorney Stephen Postema, who wrote the memo to West.

According to the Jan. 13 memo, West “tarnished the reputation” of the city and city attorney’s office and could have been fired. At the same time, he's served the city for nearly 15 years, is respected by judges and law enforcement officers, and his defense of the city and police has saved the city "millions of dollars," the memo said.

“Robert West has been an excellent public servant,” Postema said. “He has firmly and fairly dealt with the law on behalf of the city. Nevertheless, he has consequences for his actions, just as everyone else.”

West was arrested by a Washtenaw County sheriff's deputy after an Oct. 25 traffic stop in Scio Township.

Postema asks in the memo that West “not let this aberration define your career.”

West is no longer responsible for prosecuting drunken drivers in sobriety court in the 15th District Court. He continues to prosecute civil infractions in the 15th District Court and handles negligence and other lawsuits brought against the city, as well as any legal matters for the city police and fire departments.

West’s annual salary is $94,000, Postema said. The suspension will cost West about $3,000 in pay, Postema said.

West is scheduled to be sentenced on the drunken driving conviction Jan. 28.

• Read Stephen Postema's discipline letter to Robert West (pdf file)

Lee Higgins covers crime and courts for AnnArbor.com. You can reach him at (734) 623-2527 or by email at leehiggins@annarbor.com.

Comments

Basic Bob

Sun, Jan 17, 2010 : 12:52 a.m.

@Sandra, A drug or alcohol conviction is a fairly strong indicator of an underlying drug or alcohol problem. The courts believe that treatment and recovery programs are effective for people that need help with drug and alcohol problems, if they are willing to change their behavior. It is not intended as a sentence or punishment. Those who do not have a real problem are not harmed by attending a few meetings, and may at least figure out how to avoid future court appearances.

djm12652

Sat, Jan 16, 2010 : 8:29 p.m.

@Really...if it were only that simple...

Really?

Sat, Jan 16, 2010 : 3:38 p.m.

So let's just end this by looking up his toughest punishment he placed on another first offender and do the same to him. What's to hard about that?

Old Salt

Sat, Jan 16, 2010 : 10:58 a.m.

What! NO fine?,NO suspended license? NO community service? NO requirement to attend AA,? Sure wish a relative of mine had worked for the prosecuting Attorneys Office it would have saved him almost $ 10,000 for a first time offense for DUI and his level was less than 1.24 The old double standard, is alive and well,it only matters who you are who you know where you work or how much money you have.

djm12652

Fri, Jan 15, 2010 : 9:09 p.m.

@lokalisierung - here is the oath that lawyers take to be accepted in the Michigan Bar to practice law in Michigan..check out #6a & 8....says it all... [**Original Version From p 89 of April 97 Michigan Bar Journal] ***The Plain English Version For the privilege of joining the State Bar of Michigan, I promise: (1) I will support the Constitutions of the United States and the State of Michigan; (2) I will promote respect for courts and court officers; (3) I will pursue a claim only if it is just, and will offer a defense only if it may be honestly argued under law; (4a) I will pursue my client's claims with truth and honor: (4b, 7b) I will never mislead a judge or jury, and will never delay a case for money or malice; (5) I will protect my client's secrets, and will accept compensation for my client's business only with my client's approval; (6a) I will practice law civilly and avoid offensive conduct; (6b) I will never attack the honor or reputation of a party or witness unless the justice of the case demands it; (7a) I will not, for personal reasons, reject the cause of the defenseless or oppressed; (8) I will personally and professionally comply with the high standards of conduct imposed on members of the bar. ***''Plain Language'' is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the State Bar's Plain English Committee

katwoman

Fri, Jan 15, 2010 : 7:25 p.m.

Interesting comments. I don't think it's unreasonable to hold our elected officials to a higher standard of ethics and behavior. (I hope the Michigan Bar Association agrees.) It should never be a matter of "working Joe" versus public official. It's just the law. When I was young/stupid/immortal I drank and drove and luckily never hurt anyone or got caught. BUT THEN I GREW UP! That's what most people do because we're not perfect. The reality is that this is the first time he was caught and we'll never know how many times he may have driven drunk without getting caught. I doubt any of us would rush to give him a break if he had hurt or killed a friend or family member. And he could easily have done so... That said, 8 days suspension is a joke. Given his former prosecutorial duties, I hope the judge gives him the max. He, of all people, knew better.

Joan Lowenstein

Fri, Jan 15, 2010 : 3:18 p.m.

Anyone who advocates firing Bob West is actually saying the city should be punished. This is someone with many years of experience, who has saved the city hundreds of thousands of dollars while defending lawsuits. It would be impossible to train someone else in a short period of time to do what Bob does and would unfairly burden the small staff of the city attorney's office. Let's let the punishment fit the crime and move on.

Lokalisierung

Fri, Jan 15, 2010 : 2:42 p.m.

"would you feel the same way if say Meter Maid was parking illegally? Nope, you'd say hang 'em high...but I think everyone is so enamored by this guy..." Really? That's the big argument you came up with? No actually i wouldn't care. I'm not as familair with this oath that must be taken, I'd actually like to see it if someone could post it. It can't be as cut and dry as you think it is or there would be no wiggle room. Or perhaps you're confusing the issues of civil, criminal, and ethics as usual around here. If he is ethically bound not to break the law then he will be disbarred, thus he will lose his job with the city. I don't see what the city has to do with this frankly. And tally me in the non-adnamored side. I don't know anything about this guy. i know he's a guy that drove drunk and got caught. And that's really not a big deal to me. "statistics say that 95% of people who drive drunk will drive drunk many many times and usually end up either killing themselves or killing someone else." Riiiight. Care to ppost any of this "statistics?" No you can't, becasue this is a joke.

scooter dog

Fri, Jan 15, 2010 : 2:24 p.m.

statistics say that 95% of people who drive drunk will drive drunk many many times and usually end up either killing themselves or killing someone else.I don't care who he is or how good of an employee he is/was he needs to find another line of worn not prosecuting people who like himself drive drunk,and if he's lucky he will get Melinda Morris for the judge and then he will get a nothing sentence.

djm12652

Fri, Jan 15, 2010 : 2:23 p.m.

@Lokalisierung, you said "seems fair"...what about the fact that as an attorney, he took an oath at the very beginning of his career to uphold and honor the law? He, as a sworn Officer of the Court, is not to be treated the same as you and I because he is, along with ALL attorneys held to a higher standard...would you feel the same way if say Meter Maid was parking illegally? Nope, you'd say hang 'em high...but I think everyone is so enamored by this guy...for whatever reason that they are willing to let his behavior slide...the old "let's move on"...his credibility to perform his duties is totally lost in my opinion. And just for the record, I don't and won't drink and drive...IT'S AGAINST THE LAW! You'd think a lawyer would have already known that....it's not a mistake to drive drunk...it's a freakin crime!

djm12652

Fri, Jan 15, 2010 : 2:11 p.m.

So we can assume that the less than honorable asst city atty West will now follow his own lead and all future cases pled before him will also result in all defendants forking over one week's pay as their punishment? And as for Atty Postema's remarks: Robert West has been an excellent public servant, Postema said. He has firmly and fairly dealt with the law on behalf of the city. Nevertheless, he has consequences for his actions, just as everyone else. Aren't the officers of the court held to a higher standard than "everybody" else? What a joke this whole scenario has become. Hopefully, none of the sworn "officers of the court" decides to go on a crime spree because the consequences for their actions is a weeks pay...lame...are these people related to Kwame? Got Kwame's ethics and morality...

Lokalisierung

Fri, Jan 15, 2010 : 12:35 p.m.

"or put yourself in his position." The amazing thing is of course no one that posts here has ever done everythinhg wrong in their entire life and they're perfect. 75% of the posts regarding anyting legal are to fire somone or lock them up and throw away the key. Sad.

actionjackson

Fri, Jan 15, 2010 : 12:28 p.m.

Bob West has served the public in an exemplary manner. He is being treated fairly and has had more publicity than any impaired driving offender. The only thing that firing him would do is leave a vacancy in a much needed position for all of us. The only record most people are looking at is his negative publicity. Take a few minutes and read about all the good he has done for all of us and reserve judgement or put yourself in his position.

KeepingItReal

Fri, Jan 15, 2010 : 10:55 a.m.

Hi all. Its time to set this matter aside and let Mr. West, his family and colleague do what is now required of him to do. No matter what our personal feelings are, we should honor Mr. Wests' right to now have privacy in this matter.

jondhall

Fri, Jan 15, 2010 : 10:27 a.m.

He only had four beers over fours hours, is that what he said in the video? He is not telling the whole truth and nothing but the truth!I think he is now incapable of doing his job as prosecutor, he should go into private practice, and get off the government payroll!

Sandra Samons

Fri, Jan 15, 2010 : 9:36 a.m.

Of course there should be consequences, but consequences and punishment are two different things. If this is a big red for alcoholism (as it probably is), he should be evaluated and treatment should be required. But the concept of being "sentenced" to treatment or to AA only intensifies shame and denial, and makes it more difficult for a person to accept needed help. "Let he who is without sin......"

antikvetch

Fri, Jan 15, 2010 : 9:18 a.m.

Mr. West is paid by the public to ensure that laws are uniformly prosecuted. He attempted to avoid being prosecuted for his own violation. If he had "owned up to it" with the deputy, I would have applauded his courage, and been very comfortable with him keeping his job. The fact that he didn't, means he should not be allowed to be a prosecuter. If the city has a non-prosecutor job that fits his skills, he should be moved there, even if it is a reduction in pay. It's all about credibility.

Tom Joad

Fri, Jan 15, 2010 : 9:01 a.m.

A drunk driving conviction all but precludes you from being considered for many jobs in the future. Sure, many people get DUIs but one in charge of prosecuting alcohol and drug crimes should know better than to get behind the wheel after drinking all day.

Craig Lounsbury

Fri, Jan 15, 2010 : 7:09 a.m.

you'd think a guy who makes 94 grand a year could afford a cab.

racerx

Fri, Jan 15, 2010 : 12:52 a.m.

@RuralMom - each department is different, and the city doesn't treat each city employee the same. I personally know of two former city employees who were fired for reasons no where near the seriousness as Mr. West. Oh, and one employee used to come to work under the influence of alcohol and this person was never fired. Guess these other employees didn't save the city enough money.

Terrin

Thu, Jan 14, 2010 : 8:24 p.m.

West did what anybody would try to do in his situation: Namely ask for a break. Just because he is a City employee, doesn't stop him from being a human. Fact is, he has to face more punishment then the average person. First, most people do not get suspended from work when they get pulled over for drunk driving. Second, most people aren't talked about in the media under these circumstances. Third, the suspension of pay IS NOT the punishment for him drinking and driving. He will likely have to pay several thousand dollars in fines on top of that as well as other possible punishments [e.g. a restricted license, professional responsibility fees, and have to undergo probation]. Fourth, if he was in any other profession he wouldn't have to go explain his actions to the State Bar Association. The guy is a decent guy. He deserves a break. Maybe the experience will make him a more empathic prosecutor.

Lokalisierung

Thu, Jan 14, 2010 : 7:35 p.m.

"it's going to cost you about $6,000.00 in court costs and lawyer's fees. Not to mention the hoop jumping of AA meetings, probation officer meetings and daily breathalyzer submissions at the jail. Don't think he's going to be subjected to the humiliation." Whoa whoa...I hope the mods don't think i'm name calling when I say you've obviously never got a Drunk Driving in this town :) I don't know where you're coming up with that punishment but those are for repeat offenders. I've never heard of ANYONE having daily breath tests for a first offense. But anyway we shall see seince he's going " to be sentenced on the drunken driving conviction Jan. 28." You don't know what he's going to get.

Jeffersonian Liberal

Thu, Jan 14, 2010 : 7:09 p.m.

I think the bigger point here is the fact is if you are john q public and plea, it's going to cost you about $6,000.00 in court costs and lawyer's fees. Not to mention the hoop jumping of AA meetings, probation officer meetings and daily breathalyzer submissions at the jail. Don't think he's going to be subjected to the humiliation.

Lokalisierung

Thu, Jan 14, 2010 : 6:23 p.m.

Seems fair. Big deal, he drove drunk, thousands of people do it and get casught, and learn a valuable lesson. 3k in work pay, probably 2K in court fines/costs/etc he learned a pricey one. If you think this dude is ever gunna drive drunk again I'd make a serious bet on that.

Tom Joad

Thu, Jan 14, 2010 : 6:06 p.m.

Slap on the wrist. If he had been fired it would have sent a more powerful message than the inescapable conclusion that the city is protecting one's own for a crime he has prosecuted so assiduously. Had it not been for the patrol car camera he would have been in bed that night, courtesy of the compliant deputy who was all but willing to bend the rules for a fellow law enforcer. I hope the deputy received a thorough reprimand for his conduct. He, after all, is a police academy instructor.

beachmaster

Thu, Jan 14, 2010 : 4:48 p.m.

Mr. West is only human, and in trying to talk his way out of trouble, did what most people would do. It seems he clearly understands his actions were unacceptable,and deserves a second chance. It's sad how judgemental people are these days. He made a mistake, and he will pay for it folks, get over it.

RuralMom

Thu, Jan 14, 2010 : 4:29 p.m.

I would be interested in knowing if they treat the average joe city worker this way before making any assumptions as to favortism, good old boys network. At that same time, Drunk Driving is incredible selfish and serious, I have little empathy for drunk behind the wheel of a car that could potential cause harm to other families.

Dave Gram

Thu, Jan 14, 2010 : 4:26 p.m.

By getting the officer to cut me a little break here and stating I would really, really, reaally, reaally, appreciate if I could pull my truck up there, give you my keys call my wife and have her come get me, Robert West is engaging in the Commission of a Dishonest Act, abusing his prosecutorial power, dishonoring his profession, and subverting the same laws he has taken an oath to uphold. He has created a serious breach of the public trust. A just and fair system would charge him with conspiracy to obstruct justice. Do you remember former Chief Daniel Oates admitting he used bad judgment when he ordered a police officer to use the patrol cars lights and sirens to get him to Detroit Metro Airport in time for a flight? Even though operating emergency lights at any time other than an emergency is a misdemeanor, he was never charged. This is the same system that unfairly and heavy-handedly dispenses tickets, tows, and criminal charges. This should not be forgotten. Vigilance is the price we must continually pay.