Michigan Judicial Tenure Commission

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The Michigan Judicial Tenure Commission is the judicial disciplinary agency for Michigan. The commission was created when voters passed an amendment in August of 1968 to create Article VI, Section 30 of the Michigan Constitution.

Note: State judicial disciplinary agencies do not have appellate jurisdiction or authority over federal court judges and justices.

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Purpose

The purpose of the commission is to evaluate, investigate and adjudicate any complaints alleging misconduct by judicial officers stemming from violations of the Michigan Code of Judicial Conduct and the Michigan Rules of Professional Conduct.

“	The Commission strives to hold state judges, magistrates, and referees accountable for their misconduct without jeopardizing or compromising the essential independence of the judiciary.	”
—State of Michigan Judicial Tenure Commission

Organization

The commission consists of nine members. Four members are judges from various state courts elected by the judges of the courts. The state bar association elects three members: one judge and two lawyers. The governor of Michigan appoints two members of the public to the commission as well. All members hold three-year terms.

The commission also has six staff positions, including four attorneys and two support staff. The executive director and general counsel is hired by, and reports directly to, the commission. The executive director oversees the intake and investigation of complaints, is the examiner handling the formal proceedings, and is the primary liaison between the commission and the judiciary, the public and the media.

Budget

The commission’s budget is included in the budget of the Michigan Supreme Court. For the 2013 fiscal year, the commission spent $1,078,073, which was $6,527 under budget. Any surplus is returned to the supreme court’s account. The following displays the commission's expenditures for the 2013 fiscal year:

Commission expenditures, 2013

• Salaries and Wages, 45.2%
• Retirement and FICA, 25.5%
• CSS&M, 11.4%
• Building Occupancy, 10.3%
• Insurances, 5.9%
• Travel, 1.2%
• Longevity, 0.2%
• Motor Transport, 0.1%

Governing laws

The enabling court rule is codified in Michigan Court Rules (MCR) 9.200. The text of subchapter 9.200 can be read here.

Text of Article VI, Section 30: Judicial Tenure Commission; Selection; Terms; Duties; Power of Supreme Court (1) A judicial tenure commission is established consisting of nine persons selected for three-year terms as follows: Four members shall be judges elected by the judges of the courts in which they serve; one shall be a court of appeals judge, one a circuit judge, one a probate judge and one a judge of a court of limited jurisdiction. Three shall be members of the state bar who shall be elected by the members of the state bar of whom one shall be a judge and two shall not be judges. Two shall be appointed by the governor; the members appointed by the governor shall not be judges, retired judges or members of the state bar. Terms shall be staggered as provided by rule of the supreme court. Vacancies shall be filled by the appointing power. (2) On recommendation of the judicial tenure commission, the supreme court may censure, suspend with or without salary, retire or remove a judge for conviction of a felony, physical or mental disability which prevents the performance of judicial duties, misconduct in office, persistent failure to perform his duties, habitual intemperance or conduct that is clearly prejudicial to the administration of justice. The supreme court shall make rules implementing this section and providing for confidentiality and privilege of proceedings.

Complaint procedure

Filing a grievance

An individual wishing to file a grievance complaint against a judge, magistrate or court referee may do so by filling out and submitting a "Request for Investigation Form" provided by the Judicial Tenure Commission here. A copy may also be requested by calling their number: (313) 875-5110.

Anyone may file a complaint. Those who do so must verify (commonly via notarized signature) that they have sworn to the truthfulness of the statements provided. Each individual joining the filed complaint must have his or her signature verified. The complaint must then be submitted with supporting documentation to the offices of the Judicial Tenure Commission, located at:

Judicial Tenure Commission
3034 West Grand Boulevard
Suite 8-450
Detroit, MI 48202

Preliminary investigation

After the commission receives a Request for Investigation Form, staff members of the commission will review the complaint and may request additional documentation or further information. Staff members will then draft a report recommending a course of action and submit it to the commission. The commission will then review the report and vote on: (1) if the commission has jurisdiction to pursue the matter, and (2) if the alleged facts necessitate further inquiry.

Commission's investigation

If the commission has deemed that the alleged facts warrant pursuit, it will then direct its staff as to any further investigations that are needed. This may involve reviewing court records, observing court proceedings, questioning witnesses, etc. Furthermore, judges, to whom the allegations are directed, are required to submit their comments if no outright dismissal of the complaint is granted by the commission.

Confidentiality

Both the Michigan Constitution in Article VI and the Michigan Court Rules allow for commission proceedings to be kept confidential. Only if the commission determines, by a majority vote, that it is in the public interest will it then make public certain statements.

If, however, the commission institutes formal proceedings or the judge files a petition for review to the Michigan Supreme Court, then the proceedings become a public matter. All subsequent reports made by the Commission and their subsequent findings of fact and pleadings become open to the public. Any such documents or findings made prior to the filing of the formal complaint remain confidential.

Commission proceedings (confidential)

If the commission, upon further investigation, finds that there are no grounds for the grievance, that the allegations are false, or that the grievance is outside the jurisdiction of the commission, the commission may then close the investigation. A copy of the complaint is then sent to the judge, if it had not been provided previously.

If the commission finds that although the judge has not committed any misconduct, some actions by the judge may be considered improper and should not be repeated, then the commission may still dismiss the complaint with an "explanatory letter" to the judge. If, in the alternative, the commission finds that the improper conduct was a minor infraction, the commission may then dismiss the case but send a "cautionary letter" that acts to "advise caution, or express disapproval" to the judge.

The commission also has the authority to dismiss a complaint upon the completion by the judge of certain conditions. If the judge fails to abide by these conditions, then the grievance may be reinstated.

If the commission finds that the judge's misconduct is more severe, then the commission will issue an "admonition," which involves sending a notice to the judge describing the misconduct. The judge will then have 28 days from the receipt of the admonition to file a petition for review to the Michigan Supreme Court. From there, the executive director of the commission has 14 days to respond to the judge's petition for review. The Michigan Supreme Court will then review the admonishment and hand down their opinion on the matter. The published opinion will then serve as precedent for any future grievances against judges in the State of Michigan.

At the same time, if the commission finds that the judge's misconduct was more severe but does not believe that it should be addressed by a formal complaint, the commission may ask the Michigan Supreme Court to "privately censure" the judge. Since the censure here comes directly from the Michigan Supreme Court, this is construed as a more serious sanction than an admonishment.

The commission's letters of explanation, caution and admonishment are confidential. Only when a judge petitions the Michigan Supreme Court for review does the matter become public.

Commission proceedings (non-confidential)

If the judge's misconduct is found to be severe, the commission will then begin formal proceedings against the judge. The commission will file a formal complaint that lists all the charges against the judge and give the judge notice of the complaint. The judge has 14 days from receipt of the notice to file his answer to the charges.

Discovery may then be requested and, 21 days before the formal hearing, parties must submit a list of witnesses they intend to call at the hearing. All documents intended to be used against the judge must be furnished by the commission.

At the formal hearing, the judge may be represented by his own counsel. A master is called upon to preside over the hearing. Masters consist of presently sitting or retired judges. The Michigan Rules of Evidence are applicable to the formal hearing and the standard of proof at the hearing is a preponderance of the evidence.

After the hearing, the master will submit his findings to the commission via a report. Both parties may file objections to the master's report and may also have the opportunity to present their objections by oral argument in front of the commission.

If the commission finds that the judge has committed the misconduct by a preponderance of the evidence, the commission may then issue a "Decision and Recommendation" to the Michigan Supreme Court. Pursuant to the Michigan State Constitution, only the Michigan Supreme Court has the authority to dispense discipline to judges.

The commission then has 21 days to record the "Decision and Recommendation" with the Michigan Supreme Court and serve it on the judge. After receipt of this service, the judge will have 28 days to file a petition to the Michigan Supreme Court objecting to the "Decision and Recommendation." The commission then has 21 days to file its own response in support of its decision. The Michigan Supreme Court will then review both party's submissions and may remand the matter back to the commission for want of further evidence. If there is no further evidence needed, then the Michigan Supreme Court will have a hearing, at which both parties may present their oral arguments. At this point, the case is heard by the Michigan Supreme Court on a de novo basis, meaning the case will be heard "anew" without reference to previous legal conclusions drawn by the commission. The Michigan Supreme Court will then issue its opinion. If the judge does not agree with the opinion, he may have his case re-heard by the Michigan Supreme Court unless the original opinion stated otherwise.

Contact information

Michigan Judicial Tenure Commission
3034 West Grand Blvd, Suite 8-450
Detroit, MI 48202

Phone: (313) 875-5110

See also

• Courts in Michigan

External links

• Michigan Judicial Tenure Commission