05/18/2007
New judge has had a checkered career
His law license was suspended twice
By PATRICK SULLIVAN
psullivan@record-eagle.com

Gov. Granholm appoints Wexford prosecutor to judge post - May 2, 2007

CADILLAC, MI — Former prosecutor and newly appointed Judge William Fagerman embarked this week to preside over felony cases and civil disputes in Wexford and Missaukee counties, despite a background that includes two suspensions of his law license.

As a young lawyer in the 1980s, Fagerman's work landed him in front of the state Attorney Discipline Board to answer for his conduct. He was found to have engaged in "dishonesty, fraud, deceit, or misrepresentation.”

Fagerman twice was suspended from practicing law, in 1985 and 1989, and reprimanded in 1984 for neglecting legal matters for clients while he worked in private practice. He was suspended in all for half a year — for 120 days in 1985 and 60 days in 1989, for separate incidents.

Gov. Jennifer Granholm this month appointed Fagerman as judge of the 28th Circuit Court to replace Judge Charles Corwin, who retired last year.

The apointment nearly doubles Fagerman's salary. As prosecutor, Wexford County paid Fagerman $75,987 per year. As a judge, Fagerman's salary will be $139,919, a figure set by the state for circuit and probate judges.

"We were aware of it, but we also knew he had satisfied the state bar in addressing those mistakes,” said Michelle Begnoche, a Granholm spokeswoman. "We do a thorough background check on all of our applicants.”

Begnoche said Fagerman had been elected prosecutor three times and won a recommendation from the state bar Judicial Qualification Committee.

Fagerman, who was sworn in as judge Monday, said he disclosed the discipline in his application and it was taken into consideration by a state bar committee that reviews and recommends applicants for judicial appointments.

"They found I was qualified in spite of those black marks on my record,” Fagerman said.

He said the suspensions arose from complaints from clients about his work. "I think I was treated appropriately,” Fagerman said.

Fagerman became a member of the state bar in 1977. Later, voters on three occasions elected him prosecutor for Wexford County as a Republican candidate.

Attorney Discipline Board records show that in two of the cases Fagerman was found to have committed a violation of a canon of ethics that says a lawyer should maintain the integrity of the legal profession and, in particular, should not "engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.”

Fagerman said he didn't misrepresent himself and said he doesn't remember why he was accused of dishonesty.

"I guess I can't comment,” he said. "I don't remember the details.”

Fagerman was reprimanded in November 1984 because he "neglected certain civil litigation and failed to communicate with the clients regarding the matter,” according to the "notice of reprimand.”

Fagerman was suspended for 120 days after he faced a two-count complaint for neglecting a criminal appeal and neglecting a domestic relations matter, according to a "notice of suspension,” issued in February 1985.

Fagerman was suspended in 1989 for 60 days after he was found to have neglected a criminal appeal. He had been appointed by a judge to handle the appeal but failed to take any action and failed to reply to inquiries from his client, according to the suspension notice.

The Attorney Discipline Board is an arm of the state Supreme Court that is responsible for the supervision of lawyers.