If you’ve ever tried to hold a Michigan judge accountable, you’ve likely run headfirst into the Judicial Tenure Commission (JTC). It’s the oversight body tasked with investigating and disciplining Michigan judges but more often than not, it feels like the JTC exists solely to protect judges, not the public.
Especially when it seems the only complaints being taken seriously come from attorneys or other judges and no one else.
The most common excuse people hear when their complaint is dismissed?
“You’re just unhappy with the outcome of the case.”
No. We’re unhappy about judges that won’t do their jobs. That’s what we’re unhappy about.
Just recently, a clutch reader sent us a JTC denial to investigate Allegan County Judge Matthew Antkoviak despite his outright mangling of multiple custody cases, failure to recuse himself from cases involving Safeharbor, and penchant for failing to address cases in a timely manner.
Clearly misconduct is occurring, but is it a ploy to limit how many cases are coming through their pipeline? Let’s break down how often this dodge is used, why it’s a problem, and how to write your complaint so they can’t ignore it.
The “Outcome Disagreement” Excuse
The JTC is not allowed to reverse a judge’s legal rulings or retry a case. That’s the role of appellate courts. So when someone files a complaint, the JTC’s first instinct is to check: Is this just someone venting about losing in court? If the answer is yes—or even maybe—they’ll toss the complaint.
But here’s the problem: misconduct can occur even when a ruling is technically legal.
A judge might:
- Refuse to recuse despite clear conflicts of interest
- Treat one side with hostility or bias
- Violate courtroom procedure
- Deny litigants the right to be heard
- Make comments that show racial, gender, or socioeconomic prejudice
- Use their position to intimidate or retaliate
Not a single one of these issues are about “not liking the outcome” of a case. They’re about conduct unbecoming of the bench, something that is common and becoming more and more apparent thanks to independent reporting and people being willing to speak up. Yet complaints like these are still routinely dismissed by the JTC under the outcome pretext—because of how the complainant framed them.
So How Many Complaints Get Dismissed?
The JTC doesn’t publish detailed breakdowns of dismissals, but here’s what we do know:
- The JTC receives over 600 complaints per year
- Fewer than 2% result in public discipline
- The vast majority are dismissed with no action or transparency
The 2023 JTC Report claims:
About 56% of the 2023 requests for investigation sought to have the Commission review the merits of the underlying case. Since the Commission has no authority to act as an appellate court, those matters were dismissed unless they also included evidence of judicial misconduct. Another 30% alleged that the judge was biased.
JTC 2023 Annual Report
Of the 479 Complaints closed in 2023, 410 were cited as “Review Legal Ruling.”
Except the above complaint did not ask for any legal review at all. It was assumed that the complainant was unhappy with the outcome of the case.
Ask around in watchdog and court reform circles, and you’ll hear the same pattern: complaints alleging serious judicial behavior issues are brushed aside with the boilerplate “disagrees with the outcome” response, even when they document hostile conduct, improper ex parte communication, or complete ethical lapses.
That’s not oversight. That’s obstruction. This is the JTC purposefully tipping the scales so they don’t have to deal with the complete ethical breakdown happening in Michigan Courts.
How to Write a Judicial Complaint the JTC Can’t Ignore
So knowing all of this, what do we do? We out-write them.
If you’re filing a complaint, the goal is to frame it as about behavior, not rulings. You’re not asking them to second-guess the law—you’re documenting a pattern of conduct that violates ethics standards.
Here are some tips:
1. Avoid Legal Arguments
Do not argue that the judge made the wrong legal decision. Even if they did, that belongs in an appeal. Focus instead on how they conducted themselves.
❌ Bad: “The judge refused to suppress evidence even though it was unconstitutional.”
✅ Better: “The judge cut off my attorney mid-argument, raised their voice, and told us to ‘stop wasting the court’s time.’”
2. Cite Judicial Canons or Ethics Rules
The Michigan Code of Judicial Conduct and the Michigan Court Rules lay out what judges are supposed to do. Use this to your advantage.
Example: “Canon 3A(3) requires judges to be patient, dignified, and courteous. The judge called me ‘a nuisance to the court’ and told me I ‘should’ve stayed out of this courtroom.’”
3. Document Patterns, Not One-Offs
If possible, provide multiple examples that suggest a pattern of misconduct, not a single bad day. Judge Michael Schipper is a perfect example of this. Lay the groundwork, show the history of abuse.
“Over the course of three hearings, the judge rolled their eyes during my testimony, openly sided with the prosecution before hearing our case, and made sarcastic comments about my defense.”
4. Include Transcripts, Audio, or Exhibits
If transcripts or recordings are available, include them. Use timestamps and direct quotes.
“At minute 12:33 of the hearing, the judge said, ‘This isn’t the welfare office—you don’t get a free ride here,’ after learning I had a public defender.”
5. Connect Behavior to Public Trust
The JTC exists to preserve public confidence in the judiciary. Emphasize that the behavior you witnessed damages that trust.
“This type of conduct erodes confidence in the courts and raises concerns that justice is not being administered fairly.”
Bonus Tip: Phone a Friend
Ready for the strategic pro-tip to win them all? Ask someone close to you to write the complaint instead, so emotion is left at the door. When the writer doesn’t have a proverbial dog in the fight, it cannot possibly be about the outcome of the case; it becomes solely about fairness.
Or better yet, become a court-watcher and report misconduct whenever you witness it. It’s an important civic duty and you could change a lot of lives for the better.
Overall, We Need Transparency. We Aren’t Getting It.
The lack of public data on how often complaints are dismissed under this “outcome disagreement” excuse is itself a problem. The JTC should:
- Disclose how many complaints are closed with this rationale
- Provide examples of complaints they consider proper
- Release anonymized case summaries for dismissed and accepted complaints
Until they do, it’s on us to teach each other how to write complaints they can’t brush off.
Closing Thoughts
Judicial accountability shouldn’t depend on how well you phrase your complaint. But until the system stops protecting its own, strategy matters.
Don’t let the JTC hide behind their bullshit “outcome” excuse.
Write with clarity. Focus on conduct. Cite ethics. Demand transparency.
Because if judges can violate public trust with impunity, the outcome we all get is injustice.
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