COA Opinion: The Attorney General’s office may sit on decision-making body and later defend the decision of that body
In Monroe v. State Employees Retirement System, No. 27220, the Michigan Court of Appeals affirmed the denial of Petitioner Monroe’s application for disability retirement benefits. Monroe challenged the denial on three grounds. First, Monroe claimed that the application proceedings violated her due-process rights because a member of the Attorney General’s office represented the State Employees Retirement System against her, and a different member of the Attorney General’s office was a member of the State Employees Retirement Board (“SERB”), which denied her application. The Attorney General representative on the SERB did not participate in Monroe’s case. The Court held that this situation did not present a risk of actual bias sufficient to deprive Monroe of due process. The Court also stated that the Attorney General’s office did not violate the Michigan Rules of Professional Conduct.