David L. Moffitt, Esquire

 

When he sadly passed away 2022, David L. Moffitt was an attorney with over 40 years of experience, dedicated to the relentless pursuit of excellence in providing high quality legal representation, and blessed with a record of high-profile achievement in public office and in the private practice of law.

Mr. Moffitt's winning record as a trial lawyer, administrative hearing and appellate attorney has been documented in front page stories in Lawyer’s Weekly, the Detroit Free Press, Detroit News, Observer-Eccentric Newspapers, and in dozens of newspaper articles and TV and radio programs. He was awarded the “Most Distinguished Brief In The Michigan Supreme Court Award,” and the Michigan State Bar Association’s “Citizen Lawyer” recognition.

In one of his highest profile cases, he served as principal defense counsel in "People v Alexander Aceval," called by TV news reporters “the largest drug bust in Metro Detroit history.”  A case unique in national jurisprudence for what Mr. Moffitt has termed a “vertically integrated perjury conspiracy of the judge, prosecutor, and police to convict my client,” Mr. Moffitt has steadfastly maintained that the judge, prosecutor, and police in the case wrongfully conspired to perjure nearly all the pertinent evidence against his client. On 3-25-09, the State of Michigan’s Attorney General, in direct response to Mr. Moffitt’s allegations, charged the judge, prosecutor, and 2 policemen with a series of felony criminal charges arising from the case.

Easy-going and equally at ease with both Presidents and prisoners alike, Mr. Moffitt won 20 consecutive public office elections. He served as Vice-Chair of the Oakland County Board of Commissioners and Vice Chair of SEMCOG [Southeast Michigan Council Of Governments] during 20 years’ service as an elected county and appointed state official.

Mr. Moffitt  presided over numerous public meetings, conducted complex inter-governmental negotiations, created, proposed and followed through to legislative enactment numerous original public policy programs, and gave numerous TV, radio and print media interviews. He was voted 2004 “Most Outstanding Public Official In Southeast Michigan by SEMCOG, led by a SEMCOG award selection committee chaired by then-City of Detroit Mayor Pro Tem Kenneth Cockrel. The award carried with it a full scholarship as a Taubman Fellow to attend an executive course of study at the John F. Kennedy School of Government at Harvard University, Cambridge, Massachusetts. He retired from public office, undefeated in public elections, in 2005. 

PROFESSIONAL EXPERIENCE 

 

Law Offices of David L. Moffitt & Associates, PLLC, Bingham Farms, Michigan. 

Twenty-nine years award winning, high-profile litigation of federal and state trial and appellate civil and criminal matters, including defense and prosecution of personal injury matters, insurance claims, and real estate and commercial litigation. Published civil and criminal case appellate decisions. Member, Litigation, Negligence, Criminal Law, and Prisons & Corrections [Council Member] Sections of State Bar of Michigan Member, Federal Bar Association. 

[Previous Professional Associations] 

• Alan R. Miller, P.C., Birmingham, Michigan.
  Litigation attorney. Federal and state trial and appellate litigation of white-collar criminal, government, commercial, corporate, real estate, personal injury, common carrier, insurance and general liability cases. 

 

• Kitch, Suhrheinrich, Smith, Saurbier and Drutchas, P.C., Detroit, Michigan.
  Litigation attorney, 100 plus lawyer firm. Federal and state trial and appellate defense of professional liability, medical malpractice, products liability, and premises liability cases. Insurance policy interpretation and coverage opinion preparation for major insurers. Personal legal counsel to senior partner Richard Suhrheinrich [now U.S. Sixth Circuit Justice]. Winning appellate counsel in leading Michigan Supreme Court postoperative infection medical malpractice case, Wilson v Stillwill and Sparrow General Hospital, et al, 411 Mich 587; 309 NW2d 898 (1981).

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• Plunkett, Cooney, Rutt, Watters, Stanczyk and Pedersen, P.C., Detroit, Michigan.
  Litigation attorney, Liability division, 200 plus lawyer firm. Federal and state trial and appellate defense of products liability, professional liability, premises liability and automobile no-fault cases. Co-author with B. I. Stanczyk, "Hospitals, Physicians and their Liability Carriers: Ostensible Authority, Enterprise Liability and Beyond", Federation of Insurance Counsel Quarterly, Spring 1981 issue (feature article).

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AWARDS AND HONORS

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• Michigan State Bar Association “Citizen Lawyer.” Twenty-year simultaneous service as elected public official and attorney in private practice honored in feature article by Michigan State Bar Journal staff in flagship statewide journal of state's bar association. See www.michbar.org/journal/pdf/pdf4article923.pdf [September, 2005].

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• Nominee, Michigan State Bar Association Frank J. Kelley Distinguished Public Service Award and Champion of Justice Award. Dual award nomination for State Bar of Michigan's two highest awards for public service and service to the legal profession and public. Nominators included County Executive L. Brooks Patterson and past State Bar President Thomas J. Ryan, supported by 22 United States District, Oakland and Wayne County, circuit, probate and district judges. [2005]. 

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• Winner, SEMCOG Alfred A. Taubman Fellowship. Selected 2004 winner of SEMCOG's most prestigious award, The Taubman Fellowship, annually awarded to “Most Outstanding Public Official Southeast Michigan” from applicants of SEMCOG’s elected membership, chosen through competitive written and oral screening and selection process and judged by top regional appointed and elected officials. Full-course tuition scholarship to the John F. Kennedy School of Government, Harvard University, Cambridge, Massachusetts, paid for by grant from the Taubman Companies, administered by SEMCOG, for 3-week seminar course, “Senior Executives in State And Local Government.” [2004].

 

• Program Graduate, John F. Kennedy School of Government, Harvard University, Cambridge, Massachusetts, “Program For Senior Executives In State And Local Government.” Intensive 15 hour per day, six to seven days per week, three week, leadership development and government policy analysis course. [2004].

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• SEMCOG “Joint Public Services Merit Award.” Awarded joint public services award for initiating the first, and subsequent, broadcasts of Board of Commissioner’s meetings and arranging cooperative facility use from cable-enabled local governments. [2002].

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• Certified Master Citizen Planner. Completed 11-week course in all aspects of planning, zoning, and operation of local government bodies administering related laws, receiving joint program certification from Michigan Society of Planning Officials and Michigan State University. [2003]. Past member, Michigan Society of Planning Officials.

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• Recipient, Thomas M. Cooley Law School "Most Distinguished Brief To The Michigan Supreme Court Award." Award recipient chosen by panel of federal and state appellate judges and legal scholars who review all briefs submitted to the Michigan Supreme Court and annually choose the year's three best. Winning Brief submitted to MSC in defense of state's Beverage Manufacturer's Association, successfully overturning lower appellate court ruling that intoxicated persons may sue bars and dram shops for injuries sustained as a result of dram shop statute violations and published in full in Thomas M. Cooley School of Law Review. [1989].

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• "Who's Who In American Law" Listing. Selected 1996–2007 by Editorial Board of leading international biographical reference publisher Marquis Publishing, for inclusion of career accomplishments summary in world-wide distributed publication exclusively surveying the American legal profession. 

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• "Who's Who In America” Listing. Selected by Editorial Board of leading international biographical reference publisher Marquis Publishing for inclusion of career accomplishments summary in 1998–2007 volumes.

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• Newspaper Editorial Endorsements. Successful County Commissioner candidacy endorsed in leading regional newspaper editorials, 1984, 1986, 1988, 1992, 1994, 1996, 1998, 2000, 2002 and 2004. Awarded highest ("Preferred and Well-Qualified") rating of state-wide Civic Searchlight candidate rating authority, 1988, 1990, and 1992. [organization discontinued 1992].

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• Recipient Clarence M. Burton/Dean's Scholarship. Law school tuition-credit scholarship awarded to top editors of University of Detroit School of Law Journal of Urban Law. [1979].

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• Managing Editor, University of Detroit School of Law Journal of Urban Law. Managing Editor, as a full-time law student, of a nationally published quarterly scholarly legal journal, with extensive operational, administrative, and content editorial management responsibilities, [1979]. Associate Editor [1978]. Staff member. [1977]. 

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• Recipient American Jurisprudence Award, Contracts. Awarded to law student with No 1 highest yearly academic rank in core course by legal publisher American Jurisprudence. [1977].

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• Administrator Emeritus, University of Detroit School of Law David L. Moffitt Scholarships for Outstanding Legal Editorial Achievement and Outstanding Legal Journalism. [1980 to 2002].

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• Public Hearing Officer, Oakland County Road Commission. Conduct public hearings and report findings to Board of Directors of Road Commission with recommendations regarding proposed subdivision engineering improvements. [1983-1985].

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• Real Estate Law Lecturer, University of Michigan Graduate School of Business Administration continuing adult education program and Michigan Association of Realtors. Intensive 12-week state license exam preparatory courses taught to brokers and salespersons. [1980-1984].

 

EDUCATION

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• University of Detroit School of Law, Detroit, Michigan.
  J.D., 1979. Managing Editor, University of Detroit Law Review. Clarence M. Burton/Dean's Scholarship. Chief Assistant to Editorial Reviser of Restatement of Contracts (Second). Member, Board of Editors, Journal, of Corporation, Finance & Business Law Section, State Bar of Michigan. Moot Court Board of Directors Award. Three civil jury trials [all no-causes] as sole lead counsel for indigent defendant-tenants in Wayne County Landlord-Tenant Court as part of clinical law course. 

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• University of Michigan, College of Literature, Science & Art, Ann Arbor, Michigan.
  B.A., 1976, Philosophy. Foreign exchange student to University of E. Anglia, Norwich, U.K., and University de Dijon, France, in fifteen-month literature, arts, and language curriculum.

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PUBLIC OFFICE EXPERIENCE

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• Vice Chairman, Southeast Michigan Council of Governments. Officer of southeast Michigan Metropolitan Planning Organization participating in discretionary policy-making authority for 50-plus employees regional planning agency with 10-million-dollar annual budget. 
  
  The Southeast Michigan Council of Governments (SEMCOG) is a regional planning agency established under Michigan Compiled Laws 125.11 et seq, embracing a seven-county region with numerous member CVTs, road commissions, and school districts. As the legally authorized Metropolitan Planning Organization (MPO) for the Southeast Michigan region, pursuant to 23 U.S.C. 134 and 49 U.S.C. 5303, it apportions up to one billion dollars annually of federal funds for transportation, and air and water quality.
  
  The agency has an annual operating budget of approximately ten million dollars and has over 50 employees, administered on a day- to-day basis by an Executive Director. The position of Vice-Chair of SEMCOG, of which there are several, is an uncompensated volunteer officer position elected by the agency's General Assembly, comprised of its full 140 plus membership. Officers must be an Executive Committee member, an uncompensated volunteer representative position, [in Oakland County] elected by the 25 members of the county's Board of Commissioners. Member of the standing By-laws and Legal Committee [2003-2004].

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• Vice-Chairman, Oakland County Board of Commissioners
  Leadership position on 25-member bipartisan Board, with day-to-day and long-term decision-making, policy formulation, operational and administrative responsibility. Liaison with various state, regional, and local units of government and county-wide elected officials and agencies, development and supervision of publications, constituent and media communications. [2002-2004].

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• Commissioner, Oakland County Board of Commissioners 
  Ten term elected County Commissioner representing over 45,000 constituents and various local units of government to Board in 1.3 million population county employing up to 4400 employees. Board directly allocates up to $650 million-dollar annual budget, makes policy and appointments to various government boards. Founder, Executive Producer and Co-Host, “Commissioner’s Corner”, pioneering cable TV county government information show featuring bi-partisan guests and discussion of timely county issues. [1985-2005]. Other positions held included: 

 

• Chairman, Oakland County Board of Commissioners Public Services Committee. Chairman of standing committee of Board having liaison and oversight responsibility for county law enforcement, including Sheriff’s Department, Prosecutor’s Office, Oakland County Circuit Court, 52nd District Court, Health Departments, Veteran’s Affairs, etc. [1999, 2001-2002].

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• Chairman, Oakland County Board of Commissioners Workplace Violence Policy Development Study Committee. Appointed chairman of committee to develop workplace violence policy and enforcement procedures for county work force. Detailed review of administration’s proposed workplace violence policy draft, with word-by-word redraft and formulation of additional policy concerns.

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• Elected Representative, Southeastern Michigan Council of Governments [SEMCOG]. Elected 1 of 3 representatives for Oakland County (Co-representative, L. Brooks Patterson, Oakland County Executive) to 7 county regional planning agency with apportionment authority over regional federal transit and air/water quality monies. Elected Member, Executive Committee (governing body of SEMCOG).

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• Chairman, Oakland County Board of Commissioners Court Reform Study Committee. Initiator and appointed chairman of committee comprised of representatives of all Oakland County District Courts, Probate Courts, Circuit Courts, legal counsel for various local governments, and other government executives to formulate Oakland County's official policy regarding the State Legislature's previous court-reform proposed laws. [1995-1998].

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• Chairman, Oakland County Zoning Coordinating Committee. State statutory responsibility vested in 5-member board for advisory approval of all village, municipal and township master plan changes, and for approval of zoning changes at community boundary lines. [1989-1990, 1992-1993].

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• Co-Chairman, Oakland County Board of Commissioners Meeting Broadcast Study Committee. Founder and chair of committee to develop budget recommendations and plan for permanent televising of board meetings county-wide. [2002 to 2003].

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• Co-Chairman, Oakland County Board of Commissioners Annual Report and Newsletter Committee. Co-Chair of committee responsible to produce and distribute county-wide publication regarding activities of Board of Commissioners. [2003]. Editor-in-chief of County's Annual Report. [2004].

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• Vice Chairman, Public Services Committee. Oversight responsibility and liaison for county prosecutor and sheriff departments, county circuit, district and probate court judiciary, and general county public service operations [1988-1989].

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• Vice Chairman, Planning and Building Committee. Oversight and liaison responsibility for all County facilities and buildings, including regional, county-wide, and local planning staff, construction and maintenance operations. [1989-1990; 1992-1993].

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• Vice Chairman, Majority Party Caucus. Assistant floor leadership position for Board's majority party. Spokesman to Executive Committee of county's majority political party; Columnist, weekly and monthly civic/political commentary in regional public and private news periodicals. [1988-1991; 2000].

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• Member, Personnel Committee. Board Standing Committee charged with oversight and liaison responsibility for county staff and personnel classification, compensation, policy and administrative matters. [1985-2002].

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• Member, Personnel Board of Appeals. Member of 5-person Board hearing appeals by county staff or department supervisors regarding county personnel actions, e.g., firings, suspensions, and disciplines, including trial, witness ross-examinations, and decision-making authority. 

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P U B L I C A T I O N S

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• “Brief on Appeal to Michigan Supreme Court, Deborah Lou Jackson v PKM Corporation d/b/a Grand Duchess Lounge, 430 Mich 262 (1988),” Vol. 6, Thomas M. Cooley School of Law Review, No. 2, (Trinity Term, 1989 issue) (published in full text as 1989 Most Distinguished Brief To The Michigan Supreme Court Award winning brief).

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• "Hospitals, Physicians and their Liability Carriers: Ostensible Authority, Enterprise Liability and Beyond", Federation of Insurance Counsel Quarterly, Spring 1981 issue (feature article) (B. I. Stanczyk, co-author).

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• Koppers Co v Garland & Langlois: Relief from the Williams & Works "Invisible Commencement Rule?," Journal of the Corporation, Finance and Business Law Section, State Bar of Michigan, November-December 1981 issue (feature article).

 

• "Manufacturer's Liability and Diethylstilbestrol; The Abel v Eli Lilly and Co. Case Revisited," Journal of the corporation, Finance and Business Law Section, State Bar of Michigan, November-December 1978 issue.

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• "Federal and State Constitutionality of U.C.C. 7-210: One Down, But One To Go?," Journal of the Corporation, Finance and Business Law Section, State Bar of Michigan, July-August 1978 issue.