Michigan Judicial Tenure Commission
From Judgepedia
The Judicial Tenure Commission serves to promote the integrity of the judicial process and preserve public confidence in the courts. Michigan created the Commission when voters passed an amendment to Article 6, § 30 of the Michigan Constitution in August, 1968. The enabling court rule is now codified in MCR 9.200.
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Overview
The Commission strives to hold state judges, magistrates, and referees accountable for their misconduct without jeopardizing or compromising the essential independence of the judiciary. The basis for Commission action is a violation of the Code of Judicial Conduct or Rules of Professional Conduct, which are published with the Michigan Rules of Court.
Jurisdiction and Legal Authority
The Judicial Tenure Commission is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity, and for recommending discipline of judges by the Michigan Supreme Court. Its jurisdiction includes all active judicial officers, as that term is defined in the Michigan Court Rules. The Commission has no jurisdiction over federal judges or administrative law judges such as workers’ compensation magistrates, department of corrections hearing officers, and the like.
The Commission's authority over judicial officers extends beyond the person's tenure in office if one of two requirements is met. First, if a Request for Investigation is filed while the individual holds the judicial position, the Commission retains jurisdiction even after the person leaves office. Second, if the conduct in question is related to a person's judicial office, the Commission has jurisdiction over the individual regardless of when the Request for Investigation is filed.[1]
Organization and Staff
The Commission has 7 staff positions, including 4 attorneys and 3 support staff. All Commission staff are state employees.
The Executive Director and General Counsel is hired by, and reports directly to, the Commission. The Executive Director oversees the intake and investigation of complaints and is the examiner handling the formal proceedings. The Executive Director is also the primary liaison between the Commission and the judiciary, the public, and the media.
The Commission’s three staff attorneys are responsible for the evaluation and investigation of grievances. The staff attorneys serve as associate-examiners during formal proceedings. The examiner, with the assistance of the staff attorneys, is responsible for preparing cases for hearing and presenting the evidence that supports the charges before the master. They also prepare legal briefs addressing master’s reports, and present cases orally and in writing in hearings before the Commission and the Michigan Supreme Court.
Staff
Paul J. Fischer has been Executive Director and General Counsel since January 2001. Prior to joining the Commission in that capacity, he was an assistant Oakland County Prosecutor before serving as a Commission staff attorney. In addition, Mr. Fischer practiced commercial litigation and family law in private practice. Mr. Fischer has been a member of the Michigan State Bar since 1983.
Senior Staff Attorney Thomas L. Prowse joined the Commission in 1974. Prior to that date, he clerked in the Michigan Court of Appeals. Mr. Prowse has been a member of the Michigan State Bar since 1970.
Staff Attorney Anna Marie Noeske has been employed by the Commission since January 1989. Before then, she worked for UAW Legal Services, primarily in the areas of real estate, probate, and consumer litigation. Ms. Noeske has been a member of the Michigan State Bar since 1982.
Staff Attorney Cas Swastek joined the Commission in August 1997. Before that date, he worked in private practice focusing on commercial litigation and the defense of legal and accounting malpractice claims. Mr. Swastek has been a member of the Michigan State Bar since 1989.[2]
