On Friday, October 14, 2022, Tracy E. Green, Judge of the Third Circuit Court of Michigan, filed a petition for review with the Michigan Supreme Court, which sought a review of the Michigan Judicial Tenure Commission’s recommendation to remove her from the bench for allegedly covering up child abuse.

The case is styled as ‘In the Matter of Judge Tracy Green’ with case number #103.

The allegations include violations of Michigan Court Rules 9.104(1), 9.104(2), 9.104(3), 9.202(B), Michigan Rules of Professional Conduct, including Rule 8.4(b) and Rule 8.4(c), and Canon 2(A) and Canon 2(B) of the Michigan Code of Judicial Conduct.

These ethics rules generally require:

A lawyer should not engage in conduct prejudicial to the proper administration of justice.

A lawyer should not engage in conduct that exposes the legal profession or the courts to obloquy, contempt, censure, or reproach.

A lawyer should not engage in conduct that is contrary to justice, ethics, honesty, or good morals.

Prohibits a lawyer from conduct involving dishonesty, deceit, or misrepresentation, where
such conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.

A judge should avoid all impropriety and the appearance of impropriety.

A judge should act in a way that promotes confidence in the integrity of the judiciary.

On July 29, 2022, the Commission filed a Decision and Recommendation, requesting the Supreme Court to remove Judge Green from the bench for allegedly lying about the abuse of her young grandsons by her son.

The Commission states:

“Count I charged that Respondent covered up evidence of child abuse committed by Respondent’s son against Respondent’s grandchildren (her son’s children, two young boys). Count II charged that Respondent made false statements as a judge under oath at a juvenile court hearing (the “Juvenile Court”) while testifying as a witness on behalf of her son, and to the Commission in these proceedings in her responses to the Commission’s requests for comment issued September 17, 2019, and October 30, 2019, about her knowledge of her son’s child abuse against Respondent’s grandchildren. Count III, as added by amendment to the FC, charged that Respondent made knowingly false statements to the Commission in her Answer which she signed under penalty of perjury.”

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 October 14, 2022, Judge Green filed a petition objecting to the Commission’s Decision and Recommendation. Judge Green stated that she was never, under any circumstances or in any respect, aware of, or told by anyone, the details of the alleged abuse of her grandsons at the hand of their father. Specifically, Judge Green said that she was never advised about alleged abuse by her grandsons.

The petition states:

“The two foundational elements that had to be proved by a preponderance of evidence, before the Commission could consider whether Judge Green covered up evidence of child abuse, are the existence of child abuse and Judge Green’s knowledge of actual child abuse. Without these findings in the record, it is impossible to find misconduct and an actual analysis of the Brown factors is impossible.”

The petition concludes:

“The decision and recommendation of the Commission, in adopting the findings of fact and conclusions of the appointed Master related to Count I and Count II of the Amended Complaint, lack factual and legal bases and the constitutional rights of Judge Green have been violated. For these reasons, those counts should be dismissed. At a minimum, the denial of Judge Green’s constitutional rights and the errors of the Commission and appointed Master entitles the Judge to an in-person re-hearing.”

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.