James went to Michigan . 592 F. App'x at 457. 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. (Id. If licensing and regulation of attorneys is inherently a judicial function, then all the more so the regulation and discipline of state court judges, as courts in this District have explicitly held. In her deposition, when asked whether she was still seeking injunctive and declaratory relief, Plaintiff conceded that her misconduct case (which she had originally sought to enjoin) had concluded and Mr. Fischer (against whom she had sought injunctive relief) no longer worked for the JTC. The Court agrees. Following the Sixth Circuit's remand, there are only two specifically defined remaining claims, both asserted under 42 U.S.C. Anything less would only further prove that Judicial Misfits are held to a lower standard of conduct than everyone else in the Wolverine State. background-color: #003388; Within days, and not more than a week after being placed on administrative leave, Plaintiff called Judge Valdemar Washington, who was appointed to act as interim chief judge in Plaintiff's absence beginning on April 14, 2011, and tried to return to the court to pick up a paycheck or collect some things but he refused to allow her to return. McPhail said Bay Mills has no authority to fire her and now it's up to a judge. Because James has not alleged an equal protection claim against the Inkster Defendants, on remand the district court need only consider this claim against the State Defendants [Green, Washington, Fischer, the JTC]."). (Washington Dep. amend. 42:14-23, 47:22-24; Washington Dep. .infobox { 1984)). As Plaintiff correctly observes, "[a] plaintiff's proposed comparators need not be exactly similarly situated, and the question of whether persons are similarly situated may in some cases be a question of fact for a jury." Nicole James testified that, again long before Plaintiff returned to the Court on July 14, 2011 to retrieve her belongings, Washington asked Nicole James to open and clean out Plaintiff's safe. The staff attorney drafts the 28-day letter, the executive director reviews it, and the JTC ultimately approves or modifies the letter. Judge Don Aaron , Jr. 15th Judicial District Court P. O. 11.) A group of women who say they've been discriminated against by a judge in Monmouth County, New Jersey are now trying to get him impeached. The Associated Press contributed to this report. 136, Defs.' The Judicial Tenure Commission ("JTC"), and specifically JTC staff attorney Margaret Rynier who was assigned Judge James's case, conducted an investigation into the grievance filed against Judge James and ultimately recommended that a formal complaint be filed against her. 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. Also, the attorney said that audits conducted by the Michigan Supreme Court never found any wrongdoing with how Judge James was using the court's funds. Judge Who Removed Trans Teen From Parents Highlights What's At Stake Anderson testified that Judge Washington was with her when she reached her hand into the safe, pulled out a document and said "oh, these are tax returns," and "put the document back in the safe." Mich. March 23, 2016) (Grand, MJ), adopted at 2016 WL 1436707 (E.D. 143942. Id. ), Anderson testified that at some point after Plaintiff was placed on administrative leave and before Plaintiff returned to the court on July 14, 2011 to collect her things, Anderson was called into the Plaintiff's office by Judge Washington, whom she considered to be her supervisor, and alerted by him to the fact that the Plaintiff's safe was "open" and there were documents inside. In this Oct. 1, 2018 photo, Livingston County Judge Theresa Brennan sits during her judicial misconduct proceeding in Livonia, Mich. Brennan has been ordered to trial on criminal charges related to her divorce. Johnson ran for re-election for judge of the Michigan 22nd District Court. Judge Paul Escandon. Denver Judges. Sovereign immunity is absolute and has no exceptions in this suit for money damages. Expose, Share and Make Viral dishonest Lawyers, Judges ... - Ugly Judge C. Motion for Summary Judgment Pursuant to Rule 56. James is black. at 67:4-69:16.) 38:22-39:5.) (Id. (James Dep. Make your practice more effective and efficient with Casetext’s legal research suite. 62:3-63:1, 227:22-228:9; ECF No. Fischer testified that it is possible that he discussed Plaintiff's case at some point with Deb Green but he has never spoken to Pamela Anderson. Circuit Court of Appeals would be ousted for something else - an affair with a woman who appeared before him in a child support case. . (Washington Dep. Under a factual attack, however, the court can actually weigh evidence to confirm the existence of the factual predicates for subject-matter jurisdiction. Judge Donna D. Geck; Judge James E. Herman; Colorado Judges. FIND YOUR LOCAL REPRESENTATIVE, Report your Judge, Attorney & Public Official Today, Report your Judge, Lawyer or Government Office, Copyright Court Victims Network ©2020-2023, COURT VICTIMS NETWORK Bring Justice Back to the World A Alexander Smirnovs group Worldwide Court Victims because they fear the masses, Notice: "We, are not attorneys. It is clear that throughout the process of "investigating complaints and initiating prosecutions of complaints concerning judicial misconduct," the JTC and the executive director are engaged in inherently "quasi-judicial" functions. "I think this is a summary dismissal, please review, or I think this needs to get investigated." If you need help with the Public File, call (313) 222-0566. However, McPhail is refusing to leave her position. Bay Mills also said they have a temporary restraining order that bars McPhail from the school. In addition, the court found she implemented a dress code meant to keep revealing clothing and clothing suggestive of gang connections out of the court, but it inappropriately denied some visitors access to the court. November 4, 2019 7:12pm. Alabama Judges. of Shelby, Mich., 470 F.3d 286, 299 (6th Cir. Bd. Her report subsequently found that James used part of the court budget for charitable donations around the city, which would amount to a misappropriation of funds. display: inline-block; Community Rules apply to all content you upload or otherwise submit to this site. This Michigan-related article is a sprout; we plan on making it grow in the future. Issues "adverted to . } Plaintiff has identified four judges whom she believes engaged in similarly egregious conduct but against whom the JTC and Fischer failed to file a formal complaint. Id. Plaintiff relies on newspaper articles that were circulating at the time of Judge Kandrevas's alleged misconduct that discuss how Judge Kandrevas was alleged to have "created bank accounts and used money, as well as allegations that the court had made fraudulent representations to the state and federal governments in connection with seeking money through drug court grants when the court had ample funds." The plaintiff must present more than a mere scintilla of the evidence. She also rehired an unqualified magistrate who then erroneously signed over 15,000 bench warrants, hired and gave raises to her niece, and lied under oath, it found. The Michigan Supreme Court, after reviewing the record and hearing oral argument, "agree[d] with the findings of the JTC and adopt[ed] its recommendation regarding sanctions." "Many of these expenditures were for advertisements that promoted the judge, prominently displaying her picture and only tangentially mentioning the CSP," according to the opinion. She also says she was treated differently than white judges accused of misconduct. at 196:21-197:15.) 132-2, September 26, 2017 Deposition of Sylvia James 16:9-22, 234:12-15; August 11, 2017 Deposition of Deborah Lynn Evans Green 18:22-21:15.) } .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { 's Resp. (Id. Bishop v. Gosiger, Inc., 692 F. Supp. (ECF No. 2013) case opinion from the U.S. Court of Appeals for the Sixth Circuit (quoting Club Italia Soccer & Sports Org., Inc. v. Charter Twp. Yet Plaintiff devotes less than one full page of briefing to the claim that Green allegedly violated her equal protection rights in failing to file grievances in these two instances. Although the Court has previously held that Plaintiff cannot establish that her alleged damages in this case were proximately caused by any search of her safe, thus barring any recovery of actual damages, nominal damages may be available if Plaintiff succeeds on her claim that Washington violated her Fourth Amendment rights. All of these facts, taken in the light most favorable to the Plaintiff, support an inference that Washington was personally involved in the opening of Plaintiff's safe and authorized (indeed encouraged) Anderson to reach into the safe to examine the contents. After Inkster District Judge Sylvia James was removed from the bench in 2012 for misusing public funds, including money meant for crime victims, she ran for her old seat in the following November . Oregon Judges - Ugly Judge Washington also asked Anderson to see if there were 1099's issued to court employees but none were located. However, he would only have offered resignation or retirement because she was charged with theft of public money and fraud and those would be the only options for a deal based on that misconduct. Courthouse marked the conclusion of a decades-long effort to work with the General Services Administration (GSA) to secure funding to build a safer space for those visiting the federal court in the Middle District of Pennsylvania. Resp. (Id. } 6th Circ. Revives Part Of Disgraced Judge's Suit - Law360 Judge Shelley H. Punancy, 63, has been a judge of Compensation Claims for the West Palm Beach district since 2000. Fischer testified that he never even visited the 22nd District Court during the course of the investigation into the charges of the Plaintiff. Washington denies ever asking anyone, including Nicole James, to go into Plaintiff's safe. The JTC did file a formal complaint against Judge James on October 26, 2011, "asserting that [Plaintiff] had engaged in (1) financial improprieties, (2) administrative improprieties, (3) employment improprieties, and (4) misrepresentations to the JTC." ICELAND HOSTED SECURE & CENSORSHIP FREE. Today, that little girl is Judge Sylvia H. Rambo of the U.S. District Court for the Middle District of Pennsylvania. (ECF No. Sharon McPhail fights firing from school in court, Detroit charter school says it has fired Sharon McPhail. All rights reserved (About Us). Bay Mills Community College, the authorizer for Detroit Community Schools, made the decision. at 22-23, PgID 5417-18, Ex. (Id. font-weight: bold; The Michigan Board of Education says McPhail does not have her administrator certification and the school is not in compliance with the law. 2007). 12-1453 (6th Cir. 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. Expose, Share and Make Viral dishonest Lawyers, Judges, Police and ... 2000) (internal quotation marks and citations omitted). The appointment for Arizona Supreme Court Judge Brutinel became official on January 10th, 2011. Where the defendant brings a factual attack on the subject matter jurisdiction, no presumption of truth applies to the allegations contained in the pleadings, and the court may consider documentary evidence in conducting its review. Dubuc, 342 F.3d at 616 (citing Pennhurst State Sch. 48:22-49:9.) Inkster Judge Sylvia James is guilty of misusing court funds says report issued today, Sylvia A. James 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 . This website expresses our OPINIONS. 25:18-26:5.) | background-color: #f9f9f9; Expose, Share and Make Viral dishonest Lawyers, Judges ... - Ugly Judge Binay v. Bettendorf, 601 F.3d 640, 650 (6th Cir. at 2621:1-6.). Every act undertaken by Fischer, the JTC staff, and the JTC, after receiving a grievance, "relates to the decision" whether or not to recommend the filing of a formal complaint - an inherently judicial act. 6, § 30 in placing her on administrative leave. McCree was removed from office in March 2014 following the scandal and has been barred from taking the bench until 2021. Sylvia A. James - Ballotpedia See Sanders v. Michigan Supreme Court, No. Dekarske v. Fed. Ex. 1986)). Court, 628 F.3d 752, 760 (6th Cir. The Court based its holding on the following alleged facts: Buckley applies in the specific context of prosecutorial immunity, a form of quasi-judicial immunity, see, e.g. The Michigan Supreme Court removed James from office in 2012 after she was accused of turning a community service fund into her own private foundation, spending money to travel and to promote herself. Paul D. Borman United States District Judge, R. Steven Whalen United States Magistrate Judge. 47:7-51:15.) It's becoming more an more common for Legal bar members all over America to commit . at 560. background-color: green; It is not the nature of the container, but the searching party's knowledge of its private contents, that clearly establishes the constitutional prohibition in this case. Mich. 2010) (quoting McPherson v. Kelsey, 125 F.3d 989, 995-96 (6th Cir. 's Resp. INKSTER (WWJ/AP) - A former Detroit-area judge has won an appeal in a lawsuit tied to an investigation that forced her out of office. Plaintiff has failed to adduce sufficient evidence of Fischer's personal involvement in the search of her safe. Among its conclusions were that James had misappropriated funds, engaged the court in improper banking practices, made intentional misrepresentations, knowingly hired an unqualified magistrate, and violated an anti-nepotism policy by employing her niece. Id. 2008) (concluding that "members of the State Bar of Michigan's Character and Fitness committee - and thus agents of the Board of Law Examiners and the Michigan Supreme Court - are entitled to absolute immunity for their actions in investigating Lawrence's character and fitness to practice law and in making recommendations about the same"); Wagner v. Genesee County Bd. Co., 354 F.3d 568, 576 (6th Cir. Former Judge Sylvia James, who was booted from the bench in Inkster by the Michigan Supreme Court, is the dean of students. Inkster Judge Sylvia James fights in Michigan Supreme ... 142-2, Pl. ), Anderson was aware and observed that Judge Washington and Plaintiff's niece, Nicole James who served as Plaintiff's judicial secretary and had a key to Plaintiff's office, were cleaning up Plaintiff's office and Anderson assumed that documents were being removed because the stacks of papers in Plaintiff's office were getting smaller but Anderson did not personally go through Plaintiff's office to look for documents. 9.200-9.228 under the heading "Judicial Tenure Commission." 2001) ("We have taken a liberal view of what matters fall within the pleadings for purposes of Rule 12(b)(6). Sabrina Johnson is a judge of the Michigan 22nd District Court. Plaintiff maintained a personal safe in her office, which was kept in her personal lavatory under lock and key. color: white; 592 F. App'x 466-67 (Keith, J.) The 243,000-square-foot courthouse, located at the corner . Sylvia James says her constitutional rights were violated when documents were removed from a personal safe at Inkster District Court. Facts related to Plaintiff's equal protection claim. Likewise, the JTC is established by the state Constitution, Mich. Const. at 190:12-191:8.) [2], James advanced from the primary election on August 7, winning 25.68 percent of the vote. First, as noted supra at note 5, there has been no waiver of Eleventh Amendment immunity. 247:1-248:2.) Some of those rules are especially relevant here: Defendant Paul Fischer served as the executive director of the JTC from approximately January 2001 to September 12, 2016. Sylvia A. James was a judge for the 22nd District Court in Michigan. Find other victims of the same dishonorable judges, unethical, immoral lawyers and corrupt government that ignores your cries for help and justice all while helping the these criminals, FIND YOUR LOCAL SENATOR 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. 2020 07 02 Alabama Judge Alan L King vs Bashinsky State Supreme Court. She refused psychiatric examinations but was deemed by a doctor to have a psychotic disorder. (Id. 28:7-14.) Arendale v. City of Memphis, 519 F.3d 587, 601 (6th Cir. Judge Socrates Manoukian's Elder Abuse State Appellate Court Review; Santa Barbara Judges. Because the Court concludes that the JTC and Fischer are clearly entitled to immunity from suit, the Court need not address the merits of Plaintiff's equal protection claim against them and need not address these Defendants' alternate arguments for dismissal and/or summary judgment. at 58:4-9, 59:10-67:3. at 88:23-89:17. | 491 F.3d at 330. 2017) (citing Loesel v. City of Frankenmuth, 692 F.3d 452, 462-63 (6th Cir. William Coleman, former Detroit public schools head, is in charge. ""When . font-weight: bold; . (quoting Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir. 6 Michigan judges removed in the last decade - Blogger James advanced from the primary election on August 7, winning 25.68 percent of the vote. width: 250px; (Anderson Dep. Report your Judge, Lawyer or Government Office . State Supreme Court says Judge Sylvia James to be removed The Sixth Circuit reached a different conclusion as to the reasonableness of the search of James's safe, which it analyzed under the special needs exception assuming, for the sake of argument, that it did fall within the workplace exception, which the court previously held it did not. at 90:23-91:3.) font-size: .9em; .top_disclaimer { 43:17-19. Jackson County's 12th District Court Judge James Justin “failed to follow the law, apparently believing that it simply did not apply to him," the Michigan Supreme Court found. (AP Photo/Detroit News, David Coates, Pool), When Wayne County's 3rd Circuit Court Judge Wade H. McCree got in trouble for sending a shirtless photo to a court employee, he famously told a news reporter "no shame to my game.". 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. Sylvia’s annual salary is about $140,000 or $11,666 a month.
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