DETROIT (WWJ/AP) – The lawyer for a Michigan Supreme Court justice accused of fraud says she’ll file a claim to keep a Florida home out of the hands of the government.

Steve Fishman offered brief comments Wednesday, two days after prosecutors sued to take control of a house owned by Justice Diane Hathaway and husband Michael Kingsley.

The government says they temporarily transferred the home to a relative while trying to negotiate a short sale on a Michigan property. After the sale went through, and mortgage debt was erased, the Florida home went back to Hathaway and Kingsley. The government says ING Bank was cheated.

Fishman declined to respond to the fraud allegation but says Hathaway and Kingsley will fight to keep the property in Windermere, Fla. No criminal charges have been filed.

Hathaway, in an email sent this week to court staff and other justices, denied speculation that she was quitting the court.

Chief Justice Robert P.Young, Jr. on  Tuesday told WWJ Lansinf Bureau Chief Tim Skubick that, other than rumor, he’s heard nothing about a plan by Hathaway to resign.

Young said Hathway’s clerk has left the office, but that’s not necessarily an indication of anything.  He said he would expect to be informed if Hathaway was leaving.

MORE: Feds Accuse Michigan Judge Of Real Estate Fraud

(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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