On Wednesday, July 19, 2023, the Michigan Judicial Tenure Commission granted a request by Master Peter D. Houk for an extension of time to file his report in formal complaint no. 104 against Judge Paul J. Cusick of the 3rd Circuit Court in Detroit.
The formal complaint, filed on November 23, 2022, cited several charges against the judge, alleging misconduct during his tenure as an assistant attorney general in the Office of the Michigan Attorney General from 2011 to 2016. The charges leveled against Judge Cusick include suborning perjury, obstructing and interfering with cross-examinations, and misrepresentation to the commission.
The commission specifically accused Judge Cusick of withholding favorable evidence and suborning perjury during the prosecution of Amanda Joslin. To support their charges, the commission sought to admit a secret recording made by Joslin’s attorney, Michael Komorn, of Brandy Loggie in the jury room before her testimony. The commission’s intention was to use Loggie’s statements in the recording for the truth of the matter asserted.
In response to the commission’s request, Judge Cusick filed a motion to exclude the jury-room recording, citing violations of relevant court rules and the impermissible recording by Komorn. However, the Disciplinary Counsel argued that the fact that Komorn recorded Loggie’s statements surreptitiously did not make them inadmissible. The counsel clarified that they did not intend to use the recording in their case in chief but might use it for impeachment if Loggie were to testify.
After considering the arguments, Judge Cusick decided to withdraw his motion on April 28, 2023.
In the latest development, the commission granted the Master more time to file his report, as the hearing was lengthy and involved many exhibits. The Master ordered the attorneys to present their proposed findings and conclusions by August 4, 2023.
The order states:
“Having considered the matter, the Commission finds that good cause exists under MCR 9.242 and hereby grants the request for the extension.
WHEREFORE, IT IS HEREBY ORDERED that the Master’srequest is granted, and his report in this proceeding is due on or before September 1, 2023.”
The Judge’s Courtroom is located at 1441 St Antoine, Detroit, MI 48226, and can be reached at +1 313 224 5510. His bio can be found on ballotpedia.com.
A copy of the original filing can be found here.
