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Judge Cedric Simpson judicial misconduct case (2014-2017)
On November 12, 2014, the Michigan Judicial Tenure Commission (JTC) filed a formal complaint against Judge Cedric Simpson for interfering in a police investigation involving his intern, Crystal Marie Vargas.[1] After a judicial misconduct hearing, the JTC recommended that Simpson be removed from the bench.[2] In July 2017, the Michigan Supreme Court ordered Simpson to serve a nine-month suspension without pay.[3]
Intern's drunk driving arrest (2013)
On September 8, 2013, at 4:22 a.m., Simpson's intern, Crystal Marie Vargas, was arrested for driving while intoxicated. According to the complaint, Vargas was involved in a car crash in Pittsfield Township, Mich. She called Simpson, who arrived at the scene of the collision and allegedly interfered in the field sobriety examination being administered by a local police officer. Vargas was arrested after the roadside test reportedly determined her blood alcohol content level was 0.137 percent.[4] Michigan's legal limit is 0.08 percent.[5]
Complaint filed against Simpson (2014)
Simpson allegedly contacted Pittsfield Township City Attorney Victor Lillich on September 10 and again on September 17, saying he wanted to help Vargas. The two agreed that Lillich would sit on the matter until Vargas found an attorney. On October 17, the director of the police department asked Lillich why a warrant for Vargas had not been issued yet. After Lillich explained the situation, the director objected to Simpson's involvement and asked for the warrant to be authorized right away. Lillich had the warrant ready by October 20. He disqualified himself from the case the next day. Vargas later pleaded guilty and was sentenced in January 2014.[1] The commission's findings also included evidence of about 10,000 texts and phone calls exchanged between Simpson and Vargas and statements from Simpson denying that they had had a personal relationship.[6]
The complaint charged Simpson with 15 violations of the Michigan Code of Judicial Conduct, the Michigan State Constitution, and the Michigan Court Rules.[6] In his answer to the formal complaint, Simpson requested that the complaint be dismissed and denied the judicial misconduct charges.[7]
- The full text of the formal complaint can be read here.
- The full text of Simpson's answer to the formal complaint can be read here.
- The video of Simpson's alleged interference in his intern's DUI arrest can be found here.
Misconduct hearing (2015)
On March 30, 2015, Simpson took the witness stand in his hearing before the Judicial Tenure Commission, with retired Ingham County Judge Peter Houk presiding.[8] Margret Rynier, the commission's examiner, characterized Simpson as having an improper relationship with his intern and using his position to intervene on her behalf after her roadside arrest. Simpson's attorney, Kenneth Mogill, argued that Simpson and Vargas' relationship was misportrayed.[9]
| “ | He is justifiably and proudly accessible to students. He is open to receiving calls from students, including late at night. He is open to letting them talk about personal problems. He is admired and respected for this quality.[10] | ” |
| —Kenneth Mogill[9] | ||
A cellphone expert from Sprint testified that there were 14,000 text messages and phone calls traded between Simpson and Vargas from June to November 2013. Rynier also went through the police video of Vargas' drunk-driving arrest. Simpson stated that he had been worried about Vargas after she crashed: "She called. She was screaming. I just wanted to see if she was OK."[9]
Commission recommends removal (2015-2016)
On August 31, 2015, the commission recommended that Judge Simpson be removed from the bench.
| “ | Having reviewed relevant portions of the hearing transcript, the exhibits, and the Master's report, and having considered the oral arguments of counsel, the Commission concludes, as did the Master, that the Examiner has established by a preponderance of the evidence that (Simpson) interfered, or attempted to interfere, with a police investigation and prosecution of a drunk driving charge against Crystal Vargas.[10] | ” |
| —Decision by the Judicial Tenure Commission[11] | ||
The commission also concluded that the judge was responsible for making "intentional misrepresentations or misleading statements in his answer to the formal complaint and during his testimony at the public hearing," and therefore recommended that he pay $7,565.54 for costs, fees, and expenses.[12]
The commission's decision and recommendation for discipline can be read in full here.
A motion was filed on Simpson's behalf alleging that the JTC did not provide certain documents to Judge Houk that would have benefited Simpson in the trial. The documents referred to were emails between Pittsfield Township public safety officials and Judge Kirk Tabbey which indicated that the arrest was carried out appropriately and that Simpson's arrival was not an interference. The Michigan Supreme Court granted the motion, sending the case back to the JTC with the new evidence.[13]
On March 14, 2016, the JTC reaffirmed its recommendation to remove Simpson from the bench.[14]
Supreme court decision (2017)
The state supreme court heard arguments in the case on October 6, 2016.[15] In July 2017, the court ordered Simpson to pay a $7,565 fine and serve a nine-month suspension without pay, effective immediately. The decision, written by Justice David Viviano, stated that Simpson "failed to prudently guard against influencing the investigation or used his judicial office in an effort to interfere with it."[3]
Joined in the majority opinion were Justices Joan Larsen, Richard Bernstein, and Bridget Mary McCormack. Justices Stephen Markman and Brian Zahra dissented and Justice Kurtis Wilder did not participate in the decision. The dissenting opinion written by Justice Markman indicated that he believed Simpson should have been removed from the bench. "In recent cases, this Court has made it reasonably clear that a judicial officer who lies during the course of disciplinary proceedings is not competent to sit as a judge, and we have consequently removed such judges from office."[3]
Removal of justices
There are three ways to remove Michigan judges. They may be impeached by a majority vote of the Michigan House of Representatives and convicted by two-thirds of the Michigan State Senate. The governor may remove a judge upon the concurrent resolution of two-thirds of the members of both houses. Finally judges, but not state supreme court justices, may be removed, retired, censured or suspended by the Michigan Supreme Court upon the recommendation of the Judicial Tenure Commission.[16]
Recent news
The link below is to the most recent stories in a Google news search for the terms 'Cedric Simpson' 'judge' 'misconduct'. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Washtenaw County, Michigan
- Michigan District Courts
- Judicial selection in Michigan
- Michigan Judicial Tenure Commission
External links
Footnotes
- ↑ 1.0 1.1 Michigan Judicial Tenure Commission, "Formal Complaint No. 96, Complain Against Hon J. Cedric Simpson," November 12, 2014
- ↑ The Detroit News, "Judicial panel: Remove Ann Arbor-area judge from bench," August 31, 2015
- ↑ 3.0 3.1 3.2 Mlive, "Supreme Court orders judge suspended 9 months for interfering in arrest," July 26, 2017
- ↑ The Detroit News, "Judge interfered in intern's DUI stop, panel alleges," November 13, 2014
- ↑ Michigan State Police, "Impaired Driving Law," accessed October 27, 2015
- ↑ 6.0 6.1 The Ypsilanti Courier, "Ypsilanti 14A District Court judge accused of interfering in drunken driving case involving intern," November 13, 2014
- ↑ Judicial Tenure Commission, "Hon. Cedric Simpson: Answer to Formal Complaint," November 26, 2014
- ↑ The Ann Arbor Independent, "Judge Cedric J. Simpson Teary-Eyed as Supporters Question Judicial Tenure Commission Charges," March 4, 2015
- ↑ 9.0 9.1 9.2 MLive.com, "Judge J. Cedric Simpson takes stand in judicial misconduct case," March 30, 2015
- ↑ 10.0 10.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ MLive.com, "Commission recommends Judge J. Cedric Simpson be removed from bench," August 31, 2015
- ↑ Judicial Tenure Commission, "Decision and recommendation for discipline," accessed September 9, 2015
- ↑ Mlive, "Judge J. Cedric Simpson's misconduct case gets second chance with commission," December 23, 2015
- ↑ MLive, "Commission reaffirms recommendation to remove Judge J. Cedric Simpson from bench," March 16, 2016
- ↑ MLive, "Washtenaw judge's misconduct case heads to Michigan Supreme Court," September 13, 2016
- ↑ National Center for State Courts, "Methods of Selection: Removal of Judges," accessed October 28, 2014
Federal courts:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Michigan, Western District of Michigan • U.S. Bankruptcy Court: Eastern District of Michigan, Western District of Michigan
State courts:
Michigan Supreme Court • Michigan Court of Appeals • Michigan Circuit Court • Michigan Court of Claims • Michigan District Courts • Michigan Municipal Courts • Michigan Probate Courts
State resources:
Courts in Michigan • Michigan judicial elections • Judicial selection in Michigan
