On August 27, 2024, Oakland County Michigan Probate County Judge Kathleen Ryan was removed from her docket for use of racist and anti-gay language.

The Michigan Judicial Tenure Commission (JTC) does not appear to have been involved until the recordings were sent to Michigan Supreme Court Justice Elizabeth Clement.

This is not the first person or organization to seek assistance outside of the JTC. Outside intervention was sought in investigating claims in racist investigatory practices of judges, finding that JTC was harsher in punishing black judges.

It remains to be seen whether Judge Ryan will face any disciplinary actions.

Surprisingly, the person who captured the recordings worked closely with Judge Ryan. So what does that tell us? It suggests lack of confidence in the JTC and its ability to handle judicial misconduct.

This comes as a growing number of people express discontent with the JTC’s investigation outcomes and are seeking other methods for judicial transparency and accountability.

Why? Likely the secrecy and bureaucracy. Results of investigations can be kept private if a judge removes themselves from the bench or retires, avoiding sanctions entirely.

The JTC’s policies and procedures have not had a major revamp since their creation in the 1960’s, still requiring wet ink signatures and notaries for submissions. It’s slow, antiquated, and not at all modernized.

This is an issue I have discussed at length in the past, and obviously one I feel passionately about.

It’s another double-standard in the Michigan Criminal Justice system. If violating the due process rights of defendants through press releases and media coverage is acceptable, confirmed judicial misconduct should be available for public consumption.

Read the article here.