On January 4, 2023, an Answer to Complaint was filed by Hon. Paul J. Cusick, Third Circuit Court Judge from Detroit, Michigan in response to the complaint filed by the Judicial Tenure Commission of the State of Michigan for alleged conduct of suborning perjury, obstructing/interfering with cross-examinations, and misrepresentation to the Commission.
The filing is entitled “In the Matter of Paul J. Cusick,” with case no. 104.
Hon. Cusick was employed by the Office of the Michigan Attorney General with functions as “lead attorney”. He was found to have committed several violations of the Rules of Professional Conduct on different counts, namely suborning perjury, obstructing/interfering with cross-examinations, and misrepresentation to the Commission.
The charges cited the Michigan Constitution Article 6, Section 30, MCR 9.104(1), 9.103(A), 9.104(2), 9.104(3), 9.104(4), 9.104(5); Criminal Laws of the State of Michigan, 750.424 and 750. 505; Michigan Code of Judicial Conduct 2(A) and MCJCC 2(B); Michigan Rules of Professional Conduct, 3.3, 3.8, 8.4(a), 8.4(b), 8.4 (c).
The Rules of Professional Conduct can be found here.
In his Answer, Hon. Cusick denied all the allegations and branded them as a product of a deeply flawed investigation rooted in wrong assumptions and bias.
The filing states:
“As regards the allegation that respondent filed/authorized felony charges against ten (10) individuals, case no. 16AG86, Judge Cusick corrected the number as 13AG86 and it was First Assistant Attorney General William Rollstin as the person who signed and authorized the complaints according to the register of action. In further response, the transcript reveals that Attorney Fishman speaking on his matter and standing in for Attorney Neil Rockind on behalf of Mr. Goble, on p.3 line 21, stated, “We’re asking the Court to put this over one week and we will be resolving this–we’ll have a resolution for both of them.” And then after further discussion, Attorney Fishman at p4 line 18 stated, “No, we’re going to take–we’re making a deal.'”
The filing continues:
“As regards the alleged agreement between the respondent and Mr. Fishman on March 13, 2014, wherein Thomas McCully would plead guilty in case no. 14-1140-FY and would cooperate with Task Force, Judge Cusick denied this saying that McCully pleaded guilty without the benefit of a plea agreement. Attorney Fishman contacted Judge Cusick via email on March 27, 2014 (after the sentencing) raising the possibility of cooperation. The AG’s files show that on April 3, 2014, Judge Cusick and Attorney Fishman met. After the meeting, Judge Cusick made a note to the file wherein he confirmed that he made no promise regarding anything. He set out the Kastigar letter which expressly states “There is no agreement between your client and the Michigan Attorney General’s Office as to any sentence that may be imposed.” And, “Other than what has been stated, there is no other agreement between your client and the Michigan Department of Attorney General or any other investigating agencies.”
The filing further states:
“All of the allegations are denied as untrue. They are the product of a deeply flawed investigation that began with the wrong assumption that Judge Cusick engaged in misconduct and then proceeded by simply cherry-picking information that fit their biased notions. Further, evidence that was contrary to these notions was simply dismissed (the Kastigar Letter) or ignored (Ms. Loggie). Finally, evidence that could have been used by Judge Cusick to defend himself was purposely withheld from him (the Komorn tape).”
The Judge earned a law degree from Wayne State University.
The Judge’s Courtroom is located at 1441 St. Antoine, Detroit, MI 48226, and can be reached at (313) 224-2461. His bio can be found on ballotpedia.com.
A copy of the filing can be found here.