On Tuesday, June 25, 2024, the Michigan Judicial Tenure Commission issued its annual report for 2023, providing details on the number and types of grievances filed against judges in the state last year as well as summaries of public disciplinary proceedings.
The Commission handles complaints alleging misconduct against Michigan state court judges. According to the report, the Commission received 542 grievances against 312 judges in 2023. This number has remained fairly consistent over the past decade.
The largest sources of complaints were litigants involved in criminal, domestic relations, and general civil cases, as well as prisoners, accounting for 92% of grievances. Most common allegations involved disagreements with a judge’s legal ruling or claims of bias.
In 2023, the Commission resolved 479 grievance cases. The vast majority were closed without action after finding no evidence of misconduct upon investigation. Another 15 cases resulted in private actions like admonishments or cautions against judges. There were no new public complaints filed by the Commission last year.
Three public disciplinary proceedings initiated in prior years remained ongoing as of the end of 2023. One involved 36th District Court Judge Demetria Brue of Detroit, who was accused of abusing her position during an incident at a bicycle rental business on Mackinac Island in 2022. The Commission alleged Judge Brue falsely told police an employee assaulted her.
The other two long-running cases involved misconduct findings against judges. In one, 3rd Circuit Court Judge Tracy Green was suspended for six months by the Michigan Supreme Court for concealing evidence that her son physically abused her grandsons and making false statements about it.
The other case stemmed from a 2020 public complaint against 36th District Court Judge Kahlilia Davis, who was given a conditional six-year suspension without pay after the Supreme Court agreed with the Commission that she engaged in repeated deliberate misconduct, including improperly conducting contempt proceedings and disabling court video equipment.
The Commission publicly admonished Berrien County’s Criminal Court Judge Charles LaSata for impatience, discourtesy towards defendants and lawyers from 2016-2020, disregarding legal requirements, and improperly supporting his wife’s political campaign.
The annual report also summarized two additional public complaints filed in late 2022 still under consideration. One alleges 3rd Circuit Court Judge Paul Cusick, a former prosecutor, committed misconduct in marijuana cases. The other claims 46th District Court Judge Debra Nance made false statements during an investigation into the incident involving Judges Brue and Nance on Mackinac Island.
According to the Commission’s report, it is seeking an independent statistical review of racial disparities in the complaints it receives and how they are handled, given concerns raised by groups including the Association of Black Judges of Michigan. Two judges, Demetria Brue and Debra Nance, unsuccessfully sought to pause their proceedings until after the review is completed.
In closing, the Commission noted grievances and resolutions have remained consistent in recent years. However, it emphasized more complex investigations since 2017 have increased backlogs until additional funding from the state legislature allowed for new staff hires to reduce delays.
A copy of the original filing can be found here.
