Tag Archives: Michigan Judicial Tenure Commission

Better be nice to criminal defense attorneys

The Daily Tribune reported,

In Ottawa County [Michigan], District Judge Kenneth Post faces ethics charges alleging that he failed to follow the law, behaved inappropriately toward a defense lawyer…

(Story here).

It’s hard to tell from the story what is going on here.

But this blog might give us a clue.

(Lin here).

If this is transcript from the case before the Judicial Tenure Commission, then I’d agree that there is an issue.  This type of bullying (of criminal defendants and their attorneys) goes on in enough courtrooms that it’s good to know Michigan is dealing with the problem.

I love that the Commission is considering that the judge did not follow the law.  If that doesn’t get enforced, what’s the point?

(I know that these comissions sometimes tell complainants they can’t address issues that should have been raised on appeal.  That’s a form letter often sent out by our Minnesota Board on Judicial Standards.  I think that’s a cop out.  Many issues are both legal and ethical.  And with appellate courts sustaining most cases these days, it’s nice to see an additional agency enforce the rule of law.)

The moral of this story is an easy one:  judges, be nice to criminal defense attorneys…and follow the constitution.  What could be simpler?

Michigan Supreme Court Justice under Scrutiny

Legal Newsline.com reported that,

“A former member of the Michigan Judicial Tenure Commission confirmed Wednesday he has submitted a complaint against a sitting state Supreme Court justice who is alleged to have engaged in suspicious real estate transactions.”

Story here.

The story goes into some detail about allegations that surfaced against Michigan Supreme Court Justice Diana Hathaway, and a real estate transaction.

Former Commissioner member Dan Pero waited for a time for Justice Hathaway to publicly respond to the allegations, and when she did not, he filed a complaint.  This is interesting.  The implication is that if she had not done anything wrong, she would have talked to the public about it.