Skip to main content

One Court of Justice Blog

Aug 2017
02
August 02, 2017

MSC approves public censure of Sixth Circuit Judge for making disparaging remarks to children in a divorce proceeding

In In re Gorcyca, No. 152831, the Michigan Supreme Court upheld the Judicial Tenure Commission’s (JTC) finding that Sixth Circuit Judge Lisa O. Gorcyca had engaged in judicial misconduct because of her disparaging comments to three children during a contempt hearing; however, the Court overturned the JTC’s recommended sanctions of 30-day suspension without pay and costs of $12,533.73.  Instead, the Court held that public censure alone was sufficient.
 

Jul 2017
27
July 27, 2017

MSC imposes nine month suspension on District Court Judge for interfering with a criminal investigation and misrepresentations

In In re Simpson, No. 150404, the Michigan Supreme Court reviewed the determination and recommendation of the Judicial Tenure Commission ("JTC") that District Court Judge Cedric Simpson be removed from office for interfering with the police investigation and subsequent prosecution of his judicial intern for operating a vehicle while inoxticated, and for making misrepresentations in the course of the JTC investigation with respect to contact with the intern on the morning of the accident and with respect to the purpose of extensive communications with the intern.  In its de novo review, the majority of the Court held that the interference claims, and the misrepresentation claim regarding the purpose of the communications were supported by a preponderance of the evidence.  The majority then analyzed the sanction for those violations in light of precedent and concluded that a nine month suspension was proportional to the violations that had been established.  In a partial dissent, Justices Markman and Zahra contend that, in setting the sanction, the Court should have also considered other misconduct (misrepresentations under oath) that were established by the record by not asserted by JTC. 

Aug 2016
29
August 29, 2016

COA holds that Judge Peter D. O’Connell is not the incumbent for the office held by Judge Michael Gadola

In O’Connell v. Director of Elections, No. 334365, the Michigan Court of Appeals held that Court of Appeals Judge Peter D. O’Connell is not the incumbent for the office currently held by Judge Michael Gadola.  The Court found that the incumbency status is reserved for the judge running for reelection to a term consecutive to his or her own term, and that sole incumbent in this case is Judge Gadola.

Jul 2016
27
July 27, 2016

COA holds that “rule of mandate” prevents lower court from exceeding scope of remand order

In International Business Machines Corp v. Dep’t of Treasury, No. 327359, the Michigan Court of Appeals held that a lower court must “strictly comply with” a higher court’s remand order.  Accordingly, when a lower court takes an action that goes beyond the mandate—even where there has been an intervening change in law—it has exceeded its mandate and must be reversed.

Displaying results 1-6 (of 62)
 |<  < 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10  >  >| 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset