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Wade Harper McCree
This page is about the Michigan circuit court judge. If you are looking for information on the former federal judge of the Sixth Circuit, please see Wade Hampton McCree, Jr.
Wade Harper McCree was a judge of the 3rd Circuit Court in Wayne County, Michigan. He was appointed to this position by Governor Jennifer Granholm on June 25, 2004, to replace retired Judge Pamela Harwood.[1] He was elected in 2006 and re-elected in 2008.[2]
In May 2013, McCree was suspended without pay upon the recommendation of the Michigan Judicial Tenure Commission that he be removed from office.[3] The Michigan Supreme Court officially removed him from the bench on March 26, 2014.[4][5][6]
Education
McCree received his B.A. degree from the University of Michigan in 1978 and his J.D. degree from Stanford Law School in 1984.[1]
Career
After graduating from law school, McCree began his career working for the Detroit Law Department. He then joined the law firm of Lewis, White & Munday, P.C. in 1987. He was appointed to the 36th District Court of Michigan in 1996. He served there until he was appointed to the circuit court in 2004.[1]
Personal
Note: Please contact us if the personal information below requires an update.
McCree is the son of the late federal judge Wade Hampton McCree, Jr.[7]
Noteworthy events
Supreme court censure (2012)
In October 2012, McCree was censured by the Michigan Supreme Court for sending a shirtless picture of himself to a female court employee. In April 2012, McCree admitted that he made a mistake. The high court accepted the recommendation of the Michigan Judicial Tenure Commission, and McCree accepted the censure.[8]
Misconduct complaint filed (2013)
The Michigan Judicial Tenure Commission filed a formal complaint against Judge McCree on March 12, 2013. The complaint centered on the judge's sexual relationship with Geniene LaShay Mott, who came before his court in a case against Robert King. Mott claimed King owed her child support. According to the complaint, the sexual acts "took place at various locations, including in [the judge's] judicial chambers."[9] Mott and McCree also reportedly discussed details of Mott's case together on multiple occasions. McCree did not disqualify himself from or transfer Mott's case to another judge until September 18, 2012.[9]
McCree, in June of 2012, sent an email to Mott:
| “ | [Y]ou are the complaining witness on a case that is before me. Naturally if it got out that we were seeing each other before your B.D.’s case closed, everybody could be in deep s***.[9][10] | ” |
According to the commission, Mott told McCree in November 2012 that she was pregnant with his child. McCree reported Mott to the Wayne County Prosecutor's Office for stalking and extortion. During the investigation, he allegedly provided false information about his relationship with Mott to the prosecutor's office. This led to the second count against him by the commission for "false report of a felony".[9]
The third count against McCree was for improper conduct in the case of People v. Tillman. Damone Tillman, the defendant in the case, was Mott's cousin. McCree allegedly signed an order for reduction of bond off-record, based on his ex parte communications with Mott.[9]
Count four against McCree involved indecent text messages which he allegedly sent to Mott while on the bench.[9]
Count five against McCree was for "misrepresentations to the commission," due to his claims that he ended the relationship with Mott on October 31, 2012, and that the only reason he kept the affair confidential was so that his wife and family would not find out. The commission recovered text messages that allegedly contradicted both claims.[9]
McCree was placed on unpaid suspension and faced removal from his judicial position.[11]
Hearing and report
A hearing was held in May 2013 regarding the accusations. Retired Jackson County Judge Charles Nelson submitted his report, on June 23, 2013, to the Michigan Judicial Tenure Commission. The report served as the basis for the commission's recommendations as to how the matter was to be handled by the Michigan Supreme Court.
Among his findings, Nelson determined McCree lied when he testified that his failure to recuse himself from the child custody case involving Mott was an oversight. Nelson also determined McCree lied during other testimony at the hearing. In the report, Nelson indicated that
| “ | the events ... show a pattern of lies and deception by McCree in his dealings with Mott.[12][10] | ” |
Brian Eihorn, McCree's attorney, expressed disappointment over parts of the report. He said, "Judge Nelson felt Wade McCree not recusing himself was a bad act and a bad move—a statement we agreed with." However, Nelson also found McCree's claims that Mott was stalking him were not credible. Eihorn stated his client was merely being candid about events that took place. Einhorn said he suspected the commission would recommend McCree's removal from the bench, but indicated he did not think such action was warranted in this matter.[12]
Recommendation for removal
Following a formal hearing before the commission, a recommendation was made to the Michigan Supreme Court that McCree be removed from the bench before his term expired. The commission recommended if McCree were to win re-election, he should be conditionally suspended without pay for six years, beginning on January 1, 2015. McCree was also ordered to pay court costs of $11,945.17.[3]
In its decision, the commission noted:
| “ | [McCree's] conduct affected not only the litigants in the King and Tillman cases, but harmed the integrity of the judicial system as a whole.[3][10] | ” |
The supreme court heard arguments in the case in December 2013, but did not issue a ruling at that time.[13]
McCree removed from office after filing for re-election
While awaiting a ruling from the Michigan Supreme Court regarding his potential removal from his office, McCree filed to run for another term beginning in 2015.[14][15] Before his name could appear on the ballot, the Michigan Supreme Court accepted the recommendation of the Michigan Judicial Tenure Commission on March 26, 2014, and removed McCree from office.[6]
The court ruled:
| “ | Indeed, there is not much, if anything, that is more prejudicial to the actual administration of justice than having a sexual relationship with a complaining witness without recusing oneself, engaging in ex parte communications with this mistress/complaining witness, attempting to use the prosecutor’s office as leverage against this now ex-mistress by concocting charges of stalking and extortion against her, and then lying under oath about these matters.[10] | ” |
| —Michigan Supreme Court opinion[6] | ||
McCree was also fined almost $12,000. If he had been elected in 2014, he would have faced an unpaid suspension for the full six-year term. The court's opinion also noted that since McCree was no longer a judge, he was unable to run as an incumbent during the 2014 election.[16]
McCree protected from lawsuit (2014)
Though McCree was involved in an affair with a woman while hearing her child custody case, he could not be sued by the child's father, the U.S. Court of Appeals for the 6th Circuit ruled on July 21, 2014. The doctrine of "judicial immunity" protects judges from being sued by those who appear in their courtrooms. The federal court's opinion made clear that it did not endorse McCree's actions, however.[17]
See also
External links
- myFOXdetroit.com, "Wade McCree files paperwork running for judge again," March 11, 2014
- Office of the Governor of Michigan, "Granholm's Appointment"
- Michigan Courts.gov, "Trial Courts Directory" (dead link)
Footnotes
- ↑ 1.0 1.1 1.2 Michigan.gov, "Governor Granholm Appoints 36th District Judge Wade McCree to 3rd Circuit Court," June 25, 2004
- ↑ List of Michigan Circuit Courts
- ↑ 3.0 3.1 3.2 Michigan Judicial Tenure Commission, "Press Releases, Commission issues Decision and Recommendation as to Hon. Wade H. McCree, 3rd Circuit Court," accessed January 4, 2016
- ↑ Michigan Chronicle, "Judge Wade McCree running for re-election," March 11, 2014
- ↑ Michigan 2006 Election Results: 3rd Circuit Court Incumbents
- ↑ 6.0 6.1 6.2 Detroit Free Press, "Wayne County Judge Wade McCree removed in wake of affair, courtroom scandal," March 27, 2014
- ↑ New York Times: Obituaries, "Wade H. McCree Jr. Dies at 67; Was Judge and Solicitor General," September 1, 1987
- ↑ [http://archive.freep.com/article/20121025/NEWS01/310250091/Wayne-County-Circuit-Judge-Wade-H-McCree-censured-over-2010-shirtless-photo Detroit Free Press, "Shirtless photo leads to censure of Judge Wade H. McCree," October 25, 2012
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 Michigan Judicial Tenure Commission, "Formal Complaint No. 93," March 12, 2013
- ↑ 10.0 10.1 10.2 10.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ MSN, "Michigan judge suspended for sexting with a witness," March 30, 2013
- ↑ 12.0 12.1 SF Gate.com, "Judge: There's 'shame' in Michigan judge's game," June 24, 2013
- ↑ MLive, "Fate of Judge Wade McCree's career rests with Michigan Supreme Court," December 11, 2013
- ↑ Michigan Department of State Bureau of Elections, "Affidavit of Candidacy," accessed January 4, 2016
- ↑ Kentucky.com, "Disgraced Wayne County judge wants 6 more years," March 11, 2014
- ↑ State of Michigan Supreme Court, "Opinion, In re WADE H. McCREE, Judge, Wayne Circuit Court, No. 146826," March 26, 2014
- ↑ Detroit Free Press, "6th Circuit Court: Ex-Judge Wade McCree's conduct 'reprehensible' but immune from lawsuit," July 22, 2014
