Note: I shared some of my lessons learned from my recent Judicial Tenure Complaint. These are the three suggestions I sent to the Court Clerk for consideration. If you too, want to see change in Michigan, the Court Clerk’s email address is: msc_clerk@courts.mi.gov
To Whom it May Concern:
I write to you as a citizen, public servant, and criminal justice professional with concerns about the current Judicial Tenure Commission policies on private versus public discipline. I recently endured judicial misconduct and had to go through the complaint process.
I fully believe that the true depth and breadth of judicial misconduct complaints are not being captured. As a result, I propose three key areas and urge the Justices reform them:
1.) Lack of Awareness.
When I was subjected to judicial conduct, I had no idea where to go or how to begin. I argue that most citizens have no idea the JTC exists. I believe that a formal notice in courthouses advertising the JTC as a safe place to investigate judges would make a world of difference and prevent bad judges from staying on the bench. It would educate the public and act as a deterrent against judicial misconduct.
2. The Bar to Entry/Complaint Submission Process.
The current paper process and the notary requirement seem antiquated and unnecessary. A digital process would make complaints much easier and streamlined. If we can digitally apply for mortgages, loans, and other important life decisions digitally, why can’t citizens make a digital complaint when a judge abuses their power?
The paper process prevents people from bringing legitimate complaints forward, especially if they do not have access to a notary.
If this requirement is absolutely necessary, perhaps the posted notice could inform them of an on-staff notary at the courthouse who can assist them with their complaint.
3.) Lack of Transparency.
I believe a database should be established for complaints. This allows citizens to make better informed voting decisions as well as keep tabs on habitual offenders.
The judge who threatened me has a notorious and long standing reputation for bad behavior in his community. However, when I looked for information on him, I found no formal complaints. I had no way to know that he was a repeat offender. Through research, I found a thinly veiled complaint that didn’t list his name, but completely matched a 2020 news article on misconduct in which he swayed a case by speaking about it before it was bound over to circuit court. He was given a warning. If this had been made public in 2020, I think it would likely have prevented what happened to me this year.
There’s also no way to check on the status of my complaint. I think this is important for closure. Especially after what was a very traumatic experience for me.
In Closing.
I hope that these suggestions are helpful, and that they will be taken into consideration. If you would like additional information, I would be happy to assist.
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