Make your practice more effective and efficient with Casetext’s legal research suite. Highlighting the Plaintiff's lack of diligence in presenting this claim against Green is the fact that Plaintiff's "statistical expert," Edward Rothman, who prepared an expert report examining the statistical disparities in the way African Americans and women "are treated by the Judicial Tenure Commission," (ECF No. Under a facial attack, all of the allegations in the complaint must be taken as true, much as with a Rule 12(b)(6) motion. In her Responses, Plaintiff claims that Fischer and Washington violated her Fourth Amendment rights by engaging in the search of her personal locked safe. As you’ll see, calling Judge James arrogant is not only a monumental understatement but could be construed as “defamation per se” by her fellow Judicial Misfits throughout the country. Washington's testimony regarding when he first became aware that there was a safe in Plaintiff's office is inconsistent with both Nicole James's testimony that Washington specifically asked her to clean out the safe prior to James returning to the court on July 14, 2011, and with Anderson's testimony that at some point prior to July 14, 2011, Washington called her into his office and alerted her to the open safe. State Supreme Court says Judge Sylvia James to be removed (Id. As this Court reasoned in its Opinion and Order granting Anderson's motion for summary judgment, qualified immunity may well protect the alleged search in such a situation. font-weight: bold; Id. at 54:23-55:3, 67:4-7, 75:23-76:19.) 59:20-60:5, 243:2-18, 247:1-248:7. Former Judge James Justin sentenced to 18 months probation ... (Washington Dep. Mich. Feb. 23, 2018) ("[T]he Supreme Court is an arm of the state of Michigan and is immune from suit under the Eleventh Amendment. Fischer testified that he never visited the 22nd District Court during the entirety of Plaintiff's disciplinary proceedings and that he did not know that Plaintiff had a personal safe in her office while the JTC investigation and proceedings were ongoing. The Michigan Supreme Court is directed to make rules governing the functioning of the JTC. The production facility is included in the National Register of Historic Places. The Michigan Judicial Tenure Commission filed a request. The state Supreme Court determined McCree discussed possible punishment for the father of the woman's child with her, had intercourse in his chambers, snuck a cell phone in through the employee entrance for her and lied when he finally recused himself from the case. border:1px solid #FFB81F; The JTC recommended a 180-day suspension for Wayne County's 3rd Circuit Court Judge Deborah Ross Adams. Montana Judges - Ugly Judge C. Motion for Summary Judgment Pursuant to Rule 56. Inkster judge found guilty of misusing court funds Ruling: Judge Sylvia James used money for catering, bonus pay, charitable donations Published: April 24, 2012, 5:50 PM "However, [the Sixth Circuit has] upheld grants of summary judgment where no reasonable juror could find that the plaintiff's comparators were similarly situated in 'relevant' or 'material' respects." Plaintiff alleges that as to two Caucasian judges, Judge Kandrevas and Judge Waterstone, Green was "aware of reports regarding the misconduct of these judges, and did not file grievances against either of them." The Court rejects this poorly articulated and factually and legally unsupported argument, adverted to in a "perfunctory manner" with no effort at development, Clemente, 679 F.3d at 497, and concludes that Plaintiff has presented no evidence on which a reasonable juror could find that Fischer violated Plaintiff's Fourth Amendment rights. (concurring in part and dissenting in part) (alteration added). Fischer would review the staff attorney's recommendation, and would almost always defer to the staff attorney's recommendation although there may be discussion between Fischer and the staff attorney. "[T]he legal standards for adjudicating Rule 12(b)(6) and Rule 12(c) motions are the same . Mich. Dec. 19, 2011)). } Judges are reelected to additional terms. James v. Hampton, 592 F. App'x 449, 451 (6th Cir. Judge Donna D. Geck; Judge James E. Herman; Colorado Judges. Judicial District Chief Judge James F. Hartmann Jr. Judge Donna J . State and local courts | The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Powered by. See main article here at News: The commission’s executive director and general counsel, Paul Fischer, asked that James be removed from office, banned from ever again serving as a judge, and pay $81,000 in fines. The Court disagrees that the Complaint put Defendants on notice that Plaintiff was asserting a separate equal protection claim against Green, based on an entirely different set of facts than those pleaded in the Complaint. The Court concludes infra that Plaintiff is not entitled to proceed on her equal protection claim against any Defendant, and summarizes the facts here as necessary to the Court's resolution of the claims. (Id. Sylvia James says her constitutional rights were violated when documents were removed from a personal safe at Inkster District Court. of Commr's, 607 F. Supp. LOS ANGELES, Dec. 17, 2020 At a national telephonic press conference today, attorneys for Bradford D. Lund, grandson of the late Walt Disney, and Mrs. Sherry Lund, Brad Lund's step-mother, announced the filing of two letters on behalf of each Mr. Lund and his step-mother, to the California Commission on Judicial Performance, asking for the permanent . While Plaintiff did not specifically tell anyone at the 22nd District Court that she had an expectation of privacy in her safe, it was well understood around the 22nd District Court, and specifically by Anderson, that no one ventured into Judge James's personal office when she was not there. 3. Judge Susie Norby has been on the bench since 2007 in Clackamas and happily supports predatory attorneys who draw an unsuspecting public into her control in conservatorship litigation. Current Louisiana Judges . ), On April 13, 2011, the day that James was placed on administrative leave, she received a phone call from Michigan Supreme Court Justice Young and had "about three hours" to pack up her things and leave the court. . Ann E. Mattson, January 24, 2012, Testimony of Deborah Green 293:4-16.) 48:21-49:19.) color: white; R. Civ. 1994), and Plaintiff has failed to create a genuine issue of material fact in this case that any alleged search of her safe caused her damages allegedly resulting from her inability to defend herself from the misconduct charges brought against her by the JTC. She was the sole judge of Inkster's 22nd District Court. Wayne County Circuit Court Judge Wade McCree, left, sits with his attorney Brian Einhorn and Colleen Burke during a Michigan Judicial Tenure Commission hearing for McCree at Washtenaw Circuit Court in Ann Arbor on Monday, May 20, 2013 in Ann Arbor. (Pl. The most significant impropriety that the court found to have occurred was Judge James's diversion of "thousands of dollars," that were required by law to be allocated to restitution for crime victims, to charities and organizations of Judge James's own choosing, many of which "were for advertisements that promoted the judge, prominently displaying her picture and only tangentially mentioning" the Community Service Program ("CSP") from which the funds were obtained. 13.) 's Dep. (Washington Dep. Prods., Inc. v. Sherwin-Williams Co., 491 F.3d 320, 330 (6th Cir. 592 F. App'x at 461 ("[W]e reverse the dismissal of James's equal protection claim as to the State Defendants and remand for further proceedings. TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. (Anderson Dep. Inkster — A former Detroit-area judge has won an appeal in a lawsuit tied to an investigation that forced her out of office. Missoula Judges. (quoting Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir. Justice Steven Markman filed a separate lengthy opinion, concurring in part and dissenting in part, expressing his opinion that the sanction of removal (which only lasted until the expiration of Judge James's then-existing term of office) was insufficient punishment for the nature and degree of her transgressions: 2. 2009)). width: 43%; 1963, art. Green's counsel also suggested at the hearing on Defendants' motion that the SCAO (not a Defendant in this case) was also an entity "part and parcel of the Michigan Supreme Court," suggesting that Green would be protected by the SCAO's immunity as to any official capacity claim. Bay Mills also said they have a temporary restraining order that bars McPhail from the school. .'" This Michigan-related article is a sprout; we plan on making it grow in the future. Selection method ), It is possible for a judge to be offered something like a plea deal before a formal complaint is issued. Plaintiff had the only key to the safe which she kept on her key chain. The Honorable Jimmy Sylvia - Texas State Directory Online 1. James advanced from the primary election on August 7, winning 25.68 percent of the vote. .widget-row { Throughout this process, the examiner remains in the role of an examiner and does not revert back to the role of executive director with respect to that judge. This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption. The long-retired . In August 2012, she was removed from office for the remainder of her term by the Michigan Supreme Court. Courts may "exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand." "We are not often confronted with the multifarious acts of misconduct that are present in this case," justices said in a footnote of the decision. 1986)). (Id. In addition, as the Court discusses infra in Section III(D)(1), Plaintiff has failed to produce any evidence on which a reasonable juror could conclude that Defendant Fischer was personally involved in the alleged search of Plaintiff's safe. At a 15-minute hearing in Belknap Superior Court on the status of the seven-month-old case, Sylvia told Judge James D. O'Neill III said that none of the ways he has used his property at 216 Farrarville Road is illegal. (ECF No. Retired Judge Ann Mattson was master of the hearing, and was responsible for investigating the allegations. (Id. (Id. Brandi Taylor 115. 2012) and United States v. Green, 654 F.3d 637, 650-62 (6th Cir. 's Resp. . "To state an equal protection claim, a plaintiff must adequately plead that the government treated the plaintiff 'disparately as compared to similarly situated persons and that such disparate treatment either burdens a fundamental right, targets a suspect class, or has no rational basis.'" R. Civ. "The Equal Protection Clause of the Fourteenth Amendment commands that "no state shall . Anderson testified that during the time that Plaintiff was the Chief Judge she never told Anderson that no one was to go in her safe. 120:18-121:2; Washington Dep. It was also reported in the news that the JTC did not file a formal complaint against Judge Waterstone and "merely scolded" her. Mich. 1990) (finding that members of the Michigan Attorney Discipline Board, "the adjudicative arm of the Supreme Court" responsible for discharging the Michigan Supreme Court's duty of supervising and disciplining attorneys, and the Michigan Attorney Grievance Commission, "the prosecution arm of the Supreme Court" responsible for discharging the Michigan Supreme Court's duty to supervise and discipline attorneys, were entitled to absolute quasi-judicial immunity at all times when performing their statutory functions). The road to law school would not be an easy one for Rambo. Cities | The people of Wayne County are served by the Michigan First District Court of Appeals, a circuit court, district court, and probate court . at 69:21-7.) Judge Dismisses Lawsuit Over Nudity in 'Romeo and Juliet' Judge Sibley G. Reynolds. Judge James E, Towery; Judge Michael B. Dufficy; Judge Scott Jeremiah Stuart; Judge Socrates Peter Manoukian. Anderson agreed to honor Green's request for assistance because Green "was working for" the SCAO. If you need help with the Public File, call (313) 222-0566. Elections in 2023 | at 190:12-191:8.) He did not direct anyone to search her office and did not know if she had a safe in her office. The Michigan Supreme Court has granted a request to suspend Inkster District Judge Sylvia James, who is accused of using public money as a personal slush fund. 1:29 Inkster — A former Detroit-area judge has won an appeal in a lawsuit tied to an investigation that forced her out of office. Sandul v. Larion, 119 F.3d 1250, 1254 (6th Cir. Washington, on the other hand, testified that he never asked Nicole James to clean out Plaintiff's safe and he never asked anyone else to break into or remove documents from Plaintiff's safe - he testified that he didn't even know there was a safe there until Plaintiff returned to the court on July 14, 2011, and it was noted by Plaintiff's attorney that the safe was ajar and appeared to have been forcibly opened. I. As such, James was removed in July. O'Connor, 480 U.S. at 726. margin-bottom: 1px; Ins. . [1] In August 2012, she was removed from office for the remainder of her term by the Michigan Supreme Court. (Id. 2012). ""When . [Bloomberg Businessweek] * After being found guilty of judicial misconduct for misappropriating public funds, Michigan state Judge Sylvia James will be removed from the bench for the remainder of . 2013) case opinion from the U.S. Court of Appeals for the Sixth Circuit 132:13-16, 248:14-15.) Report your Judge, Lawyer or Government Office . 2000) (observing that Eleventh Amendment immunity "may be raised at any point of the proceedings"). Court of Appeals' judges, circuit court judges, district court judges, probate judges) and one judge elected by the members of the State Bar of Michigan. (Id. Sylvia A. James was a judge for the 22nd District Court in Michigan. [2], James advanced from the primary election on August 7, winning 25.68 percent of the vote. (ECF No. font-weight: bold; William Coleman, former Detroit public schools head, is in charge of finances. At the Law Offices of Franks & Koenig, we have more than 50 years . We do not give legal advice. The executive director is not present for the JTC's deliberations regarding the filing of a formal complaint and has no part in that decision. Defendant Anderson served under the Plaintiff as the court administrator at the 22nd District Court. Center for Bio-Ethical Reform Inc. v. Napolitano, 648 F.3d 365, 379 (6th Cir. Judge Sylvia James of Detroit; arrogant Whatchmakallit, embezzler Plaintiff suggested that because court employees knew that she kept her office locked, and they were not permitted in her office when she was not there, they would know not to go in the safe. 16:16-17:4, 22:9-23:6.) font-size: .9em; ), Plaintiff asserts that "it was reported that" former Wayne County Circuit Judge Mary Waterstone, a Caucasian female, "had suborned perjury," and "was tried on four charges, including concealing perjured testimony." She had been suspended with pay last October after misconduct charges were filed by the Judicial Tenure Commission. Dekarske v. Fed. (Jose Juarez/Detroit News via AP). (ECF No. (Fischer Dep. Is Judge Sylvia James running for re-election? - YouTube Plaintiff has presented evidence that creates a genuine issue of material fact regarding Washington's knowledge of certain facts that bear on his personal involvement in the alleged search of Plaintiff's safe. She advanced from the primary election, winning 19.4% of the vote and defeated Sylvia A. James in the general election on November 6, winning 66.32% of the vote. Such "quasi-judicial" immunity, the Sixth Circuit continued, "has been granted to members of an attorney disciplinary committee, to a state bar association conducting disciplinary proceedings, to lawyers serving on a mediation panel, to the court's clerk for acts within the scope of his quasi-judicial duties, to 'friends of the court,' and to prosecutors engaging in prosecutorial activity." 121:3-6, 123:24-124:4.) She was also accused of forgery, for sending communications to her ex-husband's attorney and filing a motion in her attorney's name. ." Inkster Judge Sylvia James Booted From Office - CBS Detroit 8, PgID 4640). Ex. The JTC does have subpoena power pursuant to Mich. Ct. R. 9.200. Nicole testified that when she declined to clean out the safe Washington responded: "Well, don't worry about it. Twombly, 550 U.S. at 555-56. Denver Judges. Plaintiff Sylvia James was a judge of the 22nd District Court for 23 years before she was placed on administrative leave on April 13, 2011, by a unanimous vote of the Michigan Supreme Court in response to grievances filed by both the State Court Administrators Office ("SCAO") and by the City of Inkster attorney, David Jones, alleging that Plaintiff had engaged in numerous financial and administrative improprieties during her tenure on the bench. A. Her mother, a German immigrant, was a housekeeper by day and a factory worker by night and raised Rambo and her two brothers on her own for a It's been a long time since I wrote a headline starting with the words "Nationwide Layoff Watch.". Mich. Const. Importantly, Washington's denial of any knowledge regarding Plaintiff's safe until July 14, 2011, is also inconsistent with the testimony of Deborah Green during the JTC proceedings that at the same time that she learned from Plaintiff's then-attorney Sharon McPhail that Plaintiff's safe contained only personal documents and information, she (Green) told Washington that the safe in Plaintiff's office was private and that Plaintiff's privacy in that safe was to be protected.
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