Ex-Mich. Gov. Should Not Be Criminally Liable For Flint Crisis

Litigation Partner Steven Gordon authored an article in Law360 arguing that Rick Snyder, the former Gov. of Michigan, should not be criminally liable for the Flint drinking water debacle. That crisis exposed thousands of residents to high concentrations of lead in their water supply and resulted in at least 12 persons dying from Legionnaires' disease. Gov. Snyder has been charged with two counts of willful neglect of duty. Mr. Gordon notes that these charges are astonishing because it is virtually unprecedented for a former state governor to be accused of a crime based on alleged dereliction of duty. After examining the charges against Gov. Snyder, Mr. Gordon explains that they do not survive the most elementary scrutiny. He also notes that the charges constitute a dangerous precedent because prosecutors are not entitled to second-guess the nonministerial decisions or inactions of public officials and turn them into crimes.

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