More Bad Judges

10950859361151CDPMichigan’s District Court Judge Ken Post is at it again. You may remember him as the judge who found junior lawyer, Scott Millard, in contempt for protecting his client’s right not to incriminate himself. Millard became a folk-hero of sorts for standing up to Judge Post, even as the judge directed the court sheriff to remove him from the court and escort him to the cells. Judge Post was later disciplined and suspended from the bench for thirty days.

Judge Post’s latest stunt occurred when Philip Mallery, age 23, failed to appear for his scheduled court hearing on drug and traffic charges, although his lawyer was in attendance.

Judge Post telephoned the young man and left the following message:

“We’re waiting for you because you’re supposed to be here today, you missed a drug test yesterday, and it would appear as though you’re not coming today, so a bench warrant is being issued for your arrest. My strong suggestion is that you, uhhh, when you get this message you keep going because if I find you, it will not be pleasant. Have a good day.”

Mallery’s lawyer, Joshua Blanchard, whose law partner, Scott Millard ended up in jail, has now applied to have Judge Post recuse himself from his client’s case and has reported him to the Judicial Tenure Commission. Blanchard described Judge Post’s telephone call as “threatening” and queried why the jurist would take the action he did without knowing the reason for Mallery’s absence, speculating that his client could have been ill, in a traffic accident, or his wife could have died.

I’m looking forward to hearing Judge Post explain why he thought it appropriate to call an accused, rather than relaying a message through his lawyer, which is the usual practice.

However, Judge Post’s behaviour is trifling compared to the charges against Kentucky Circuit Court Judge Steven Combs, who was suspended last week pending a decision from the Judicial Conduct Commission.

The allegations include:

1. Presiding over a gas and oil case despite his personal financial interest in the company and using information elicited in the case to make personal demands to the company;

2. Making numerous aggressive calls to the local police insisting they lay criminal trespass charges against members of the public who parked in his church’s parking lot;

3. During one of the phone calls to police, he allegedly said the next police officer who pulled him over would get a “bullet to the head.” When confronted with the statement, he allegedly said, “I’m elected by the people and not pieces of trash like you.” He also called the police department “a bunch of thieves”;

4. Calling local officials names such as “coke head, Dumbo Donovan, Fishface Jimmy, and Retarded Reed the little police chief”;

5. Using court letterhead to send personal letters to county officials;

6. Calling a lawyer who appeared before him “a prick and a coward”;and

7. Soliciting donations from lawyers who appeared in his courtroom for a local high school golf team.

My research indicates that American judges fall afoul of judicial ethics rules much more frequently than Canadian judges, a phenomenon probably related to the absence of elected judges in Canada.

In many American states, like Michigan and Kentucky, judges are democratically elected and accountable to voters, however, the election of judges is also subject to the “tyranny of the majority” and is open to corruption and the purchase of votes.

Lawdiva aka Georgialee Lang

Judge Presides Over Child Support Hearing While Conducting an Affair with Litigant

DSC01152_2 (2)_2If you were the payor father in a child support hearing and you learned that the judge presiding over your case was having an affair with your child’s mother, how angry would you be? How about if you read an email from the judge to your ex, agreeing with her suggestion that you be sent to jail because you’re in arrears of child support?

“I figure if he hasn’t come current by his court date, he gets jail to pay. If he says he can’t bring me the $$, I’ll put him on a tether (electric monitoring) til he brings the receipt…or do “double time”.

You might think this kind of corruption comes from a judge in Russia or Zimbabwe, but you’d be wrong. Judge Wade McCree was, until recently, a judge in Wayne County Michigan, home to two million people, best known for Motown and Motor City, and of late, the 18 billion dollar debt and subsequent bankruptcy of the City of Detroit.

Judge McCree’s judicial career ended ignominiously this Spring when Michigan’s Supreme Court suspended him for six years, after finding his conduct affected not only the litigants involved, but harmed the integrity of the judicial system as a whole.

Initially Judge McCree pulled a “Weiner” by texting a partially nude photo of himself to a female deputy sheriff, and was under investigation by the Judicial Tenure Commission. Rather than minding his “p’s and q’s” while under scrutiny for that indiscretion, he began an affair with Geniene LaShay Mott, who was the complaining party in People v. King, a court proceeding involving the enforcement and collection of arrears of child support against Robert King, who was the father of one of Ms. Mott’s children. He was in arrears of support in the amount of $15,000.

Judge McCree’s offences included:

1. Conducting an affair with Ms. Mott while he was presiding over her child support hearing;
2. Engaging in sexual relations with Ms. Mott in his judicial chambers;
3. Allowing Ms. Mott to access the court house through a rear, private door and utilize the judicial parking lot;
4. Surreptitiously arranging for Ms. Mott’s cell phone to be delivered to her in court by a sheriff so she could call him during the hearing;
5. Texting Ms. Mott from the bench while presiding over other cases;
6. Accepting Ms. Mott’s suggestions as to how he should deal with her child’s father;
7. Giving money to Ms. Mott, as much as $6,000;
8. Lying to the Judicial Commission concerning the date that he ended his affair with Ms. Mott;

But there was even more. Judge McCree presided over People v. Tillman, reducing Mr. Tillman’s bond in another child support case. Tillman was a relative of Ms. Mott’s, a fact known to McCree. And when his affair with Ms. Mott cooled down he lodged a complaint with Wayne County’s Prosecuting Attorney, alleging that Ms. Mott was stalking him and extorting him by demanding $10,000 in exchange for terminating her pregnancy and not revealing the affair and pregnancy to Judge McCree’s wife. In fact, the alleged crimes never occurred.

While Judge McCree’s attorney argued “no harm, no foul”, the judicial panel, comprised of seven judges, disagreed, saying the judge was well aware that his conduct was egregiously inappropriate as evidenced by an email he sent to Ms. Mott:

“Second, you are the complaining witness on a case that is before me. Naturally if it got out that we were seeing each other before your baby daddy’s case closed, everybody would be in deep shit”.

As for the aggrieved Mr. King, he filed a lawsuit against Judge McCree alleging constitutional violations, including the right to equal protection under the law and the right to be treated fairly in legal processes. District Court Judge Avern Cohn ruled against Mr. King finding that Judge McCree’s decisions in King’s case were “judicial acts” covered by “judicial immunity”, a protection that applies even if a judge’s actions are negligent, incompetent, or malicious.

Unfortunately for Mr. King, this week the U.S. Sixth Circuit Court of Appeals endorsed Judge Cohn’s decision while declaring Judge McCree’s behavior “reprehensible”:

“Casual readers of this opinion…may erroneously conclude that…we are somehow endorsing Judge McCree’s conduct or going out of our way to protect one of our own…We do nothing of the sort.”

The Appeals Court also noted that “the best justice possible” was achieved by the Michigan Supreme Court when they suspended Judge McCree for six years.

Is this the end of Wade McCree’s judicial career? Only the people of Detroit can decide that, since Michigan State judges are elected, not appointed.

Lawdiva aka Georgialee Lang