Hmmm ... Looks like
not only laywers behave inappropriately on an occasion (example:
Griem) ... but, from time to time, the judges
as well...
Maybe as a punishment they will tell the judge:
"To Bobby's dungeon you go! .. and no pay for you for time being!" 
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October 26, 2012 at 5:17 pm
Reprimand 'insufficient' for Wayne County judge, high court says
By
Lauren Abdel-Razzaq
The Detroit News
The Michigan Supreme Court has rejected a decision by the Judicial Tenure Committee to verbally reprimand a Wayne County Circuit Court judge who's accused of official misconduct, saying the sanction wasn't severe enough.
Judge Bruce U. Morrow is being investigated by the commission for inappropriate conduct while on the bench, according to a Supreme Court order issued Friday.
The commission and Morrow's camp had reached a deal to accept public censure. But the Supreme Court said in the order it rejects the recommendation "on the ground that the proposed discipline is insufficient in light of the facts presented to the Court."
Morrow,
who is presiding over pretrial proceedings in the Robert Bashara solicitation-of-murder case,
is under investigation for four incidents that occurred from 2006 to 2009, according to a report filed by the Judicial Tenure Commission.
In one, he is accused of improperly closing his courtroom during a hearing on a request for a new trial by convicted murderer Jean Pierre Orlewicz. He also allegedly excluded members of the victim's family from the post-conviction hearing and improperly ordered his court reporter not to prepare transcripts of the hearing.
In other incidents, he is accused of failing to impose a mandatory jail sentence for a drunken driver, removing an armed robbery defendant from lockup and bringing him into court with no security present, and failing to secure permission before reviewing a defendant's medical records.
According to documents filed with the court, two of the commission members
felt public reprimand wasn't a severe enough sentence and
urged suspension without pay for 60-90 days.
The Supreme Court is sending the matter back to the commission, which must present a new recommendation or status report within 42 days.
"Here, respondent's actions occurred on the bench, and as found by the Commission, were premeditated, constituted misconduct actually prejudicial to the administration of justice, and undermined the ability of the justice system to discover the truth of what occurred in a legal controversy," the Supreme Court order reads.
Marcia McBrien, spokeswoman for the Michigan Supreme Court, said the court has a policy of not commenting on pending cases.
Justices Michael Cavanaugh and Diane Hathaway agreed with the commission's decision to publicly censure Morrow. Seven justices sit on the Michigan Supreme Court.
Paul Fischer, a commission member who is authorized to speak on the case, could not be reached Friday.
Morrow's lawyer did not immediately return a request for comment.
Upon receiving a complaint about a judge, the Judicial Tenure Commission typically either decides to dismiss allegations or investigate.
The commission can choose to send a cautionary letter to the judge or ask for a letter of explanation, neither of which constitutes discipline. If conduct is more serious, an admonition is issued and the case can be sent to the Supreme Court for approval.
Judge Michael Talbot, now with the Michigan Court of Appeals, spent six years on the Judicial Tenure Commission. He says most cases end up being settled between the commission and the parties involved before reaching the High Court.
"A lot of this can be worked out," said Talbot. "Matters that are sent before the Supreme Court, it's a pretty rare occurrence."
The commission bases its decisions on a set of factors, including whether the misconduct occurred on or off the bench, whether it's spontaneous or premeditated behavior, and to what degree it undermines the justice system. Premeditated conduct occurring on the bench, which is what the order describes Morrow's conduct as, is considered a more serious offense.
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Source: From The
Detroit News: http://www.detroitnews.com/article/20121026/METRO01/210260531
