Wednesday, October 20, 2021

Friends

The Michigan Attorney Discipline Board reduced the one year suspension of a tri-county hearing panel to 180 days and until further order for misconduct as a judge

After proceedings held pursuant to MCR 9.115, the hearing panel found that while respondent was a judge at the 15th District Court, he engaged in numerous ex parte communications with his friend, an attorney that routinely appeared in front of him, and failed to disclose his personal friendship or disqualify himself from matters in which his friend was involved. The hearing panel found multiple violations of Canons 2A and B; and Canon 3A(4)(a) of the Code of Judicial Conduct; MRPC 3.5(b); 8.4(a)-(c); and, MCR 9.104(1)-(4) and ordered that respondent’s license to practice law in Michigan be suspended for one year, effective November 22, 2019.

Sanction

After review proceedings held pursuant to MCR 9.118, the Board issued an order that affirmed, in part, modified, in part, and reversed, in part, the hearing panel’s findings of misconduct, as set forth in an accompanying opinion. The Board’s order also reduced the discipline imposed from a one-year suspension to a 180-day suspension, effective October 16, 2021, and until further order of the Supreme Court, the Attorney Discipline Board, or a hearing panel, and until respondent complies with the requirements of MCR 9.123(B) and (C) and MCR 9.124. Costs were assessed totaling $5,660.63.

The board opinion is linked here.

We find that the particular messages referenced in the hearing panel’s report, (pp 3-6) support the panel’s conclusion that respondent violated Canons 2 A and 3A(4)(a). While most of the text messages involved here did not deal with substantive matters or issues on the merits, the fact remains that some clearly did. Furthermore, the colorful, and at times offensive language of some of the messages supports the panel’s finding that respondent failed in his duty to exercise good judgment, and avoid impropriety.

Michigan Live reported on his resignation. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/10/the-michigan-attorney-discipline-board-reduced-the-one-year-suspension-of-a-tri-county-hearing-panel-to-180-days-and-fitness.html

Bar Discipline & Process, Judicial Ethics and the Courts | Permalink

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