Wayne County Circuit Judge Robert Ziolkowski declined to interfere with a hearing set for Wednesday under Gov. Jennifer Granholm's constitutional power to expel a public official for misconduct.

The judge rejected arguments that Granholm is biased and that Michigan law is vague about the definition of misconduct.

Ziolkowski also said the mayor's right to "just and fair treatment" doesn't apply. "Holding a public office is not a public right and not subject to due process rights," he said.

Kilpatrick's attorney, James Thomas, promised an immediate appeal.

The Detroit City Council asked the governor to hold the hearing, arguing that Kilpatrick misled its members when he settled lawsuits with former police officers for $8.4 million.

The council says it didn't know the deal covered up sexually charged text messages between the mayor and his top aide, Christine Beatty.

Those messages have led to charges of perjury, conspiracy, misconduct and obstruction of justice against Kilpatrick and Beatty. They are accused of lying during the 2007 whistle-blowers' trial about having an extramarital affair and about their roles in the firing of a deputy police chief.

The Detroit Free Press says the mayor's legal team has proposed a deal in which Kilpatrick would resign and plead guilty to two felonies but avoid jail. The prosecutor's office hasn't accepted the offer.

If Granholm evicts Kilpatrick from City Hall, the mayor would no longer be able to use his public office as a bargaining chip with prosecutors.

Two other assault charges against the mayor stem from a confrontation in July. A sheriff's detective says Kilpatrick shoved him into another investigator as the officers were attempting to serve a subpoena on a friend of the mayor in connection with the perjury case.
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