On Friday, March 31, 2023, Tracy E. Green, Judge of the Third Circuit Court of Michigan, filed before the state’s Supreme Court her reply to the Judicial Tenure Commission’s answer to her supplemental authority.

In a Decision and Recommendation filed on July 29, 2022, the Commission requested the removal of Judge Green from the bench over allegations of lying about the abuse of her grandchildren by her son. According to the Commission, Judge Green’s misconduct is comparable to, or worse than, the misconduct that caused the Supreme Court to remove other judges.

On March 29, 2023, six days prior to the hearing on Judge Green’s pending petition, the Commission submitted an answer to Judge Green’s supplemental authority.

The Commission posits that MCR 7.312(I) does not apply to the proceeding, but if considered, In re Casto does not apply to the case, as it does not involve an administrative disciplinary proceeding, and it conducted a prejudice analysis, while Judge Green has not been prejudiced.

Furthermore, the Commission claimed that Administrative Order No. 2022-18 does not also apply to the instant case, stating that there has not been any relevant formal Complaint, as required to trigger any investigation obligations of the Commission.

In her Response, Judge Green averred that the Commission’s answer to her supplemental authority is not recognized by the Rules. Green further asserted that In re Casto is applicable in her case as to the indispensable aspect of expert testimony in proceedings in which the reliability and credibility of a child’s statements or testimony.

With regard to Administrative Order No. 2022-18 concerning conflicts of interest, investigations, and exculpatory information in JTC matters, Judge Green contended that it is likewise applicable in the case.

The Judge is in Courtroom 604, 1441 St. Antoine in Detroit, and can be reached at 313-224-2441.

A copy of the original filing can be found here.