Biblical Passage Quotes Not Threats; Judge Beats Handicapped Parking Rap

The Michigan Judicial Tenure Commission recently received a Master’s report in a matter involving multiple allegations including abuse of the contempt power.

Oral argument before the Commission is scheduled for September 12.

The Master sustained some but rejected many of the allegations.

After an eviction notice was posted prior to court action

the respondent court made the statements that “somebody’s going to pay” and expressed her general displeasure with the practice of prematurely posting notices on tenant’s doors that a writ had been issued. The respondent inquired as to who was the owner or other person in charge of the plaintiff’s company and was given the name of Joanne Eck.

Eck was ordered to pay $3,000 in punitive damages without explanation.

The Master

The Respondent levied an extra judicial sanction in this case because punitive damages are not authorized by court rule or statute. Additionally, any levy of monetary compensatory damages requires factual and legal justification and there was none. This was legal error on the part of a very new judge.

And

The more concerning behavior is threatening the plaintiffs with incarceration as an apparent means of controlling the courtroom when Ms. Sanders asked questions and requested an adjournment. This behavior rose to the level of violation of MCR 9.202(B)(2) and MCJC 3(A)(12), for a severe attitude toward witnesses, especially those who are excited or terrified by the unusual circumstances of a trial, all of which tended to prevent the proper presentation of the cause and the ascertainment of truth.

Respondent was removed from administrative responsibilities by the Chief Judge

Respondent sent several emails to [District Court] CJ Blount, Judge Paruck and Ms. Moore (36th District Court Administrator) beginning November 2, 2017, containing Biblical passages. The emails evidenced the time of transmission and origin of the transmission and were, therefore evidence of when the respondent reported to the building. Judges Blount and Paruck found them to be threatening and baffling. CJ Blount responded in writing that each communication was “unacceptable.”

The Master rejected these charges

The respondent, Judge Paruck and CJ Blount had high conflict relationships. The Petitioner argues that the series of emails containing Biblical passages, and emails including, “find someone else to harass “, prove judicial misconduct as charged. Sharp and conflicted communication is seldom effective, but these writings did not include direct threats nor from this record where they published so as to subject the judiciary to censure or reproach. They were internal communications regarding differences of opinion between court systems professional. Additionally, the petitioner has not demonstrated how the requirement that respondent uses her court email to report illness could have been met with the technology in play in 2018-2019. The petitioner’s proofs fail as to these issues.

There are also allegations and findings with respect to recording court proceedings

Finally, Respondent allegedly misused handicapped parking

The respondent committed an ordinance violation. She was slow to pay her ticket. However, these facts alone do not support a finding that she violated Canon 3B. If Canon 3B is applied to this case every parking ticket would be a per se violation of the Canon.

Findings

The respondent has continuously averted that her vehicle was legally parked at the LA Fitness in a loading and loading handicap zone. Clearly the zone was for active loading and unloading. At formal hearing she and her counsel took the position that so long as she had a device to load and unload and a handicap sticker she was legally parked. This is a statement of an opinion, albeit one contrary to law. It is not a statement of fact. She has not misrepresented that she was not actively loading. She has admitted her vehicle was parked.

The petitioner fails to prove that she made an intentional misrepresentation of fact as to her vehicle parking in the unloading zone.

Respondent had sued the Chief Judge in federal court

Plaintiff alleged that Defendant continued to interfere with her by, for example, removing her email access, not allowing her to use sick days, not allowing her to use the staff restroom, and not allowing certain bathroom fixtures in Plaintiff’s chambers’ restroom.

After reassignment from landlord/tenant to small claims court

After reassignment, Plaintiff asked Defendant for a courtroom closer to her chambers because she needed to be closer to her restroom. Id. Defendant denied the request, and later removed “Plaintiff from hearing all cases.” Id.

Disposition

In sum, the Court will grant in part and deny in part Defendant’s motion to dismiss. The Court will grant the motion as it relates to the federal claims and deny the motion as it relates to the state law claim. The Court will, however, decline to exercise supplemental jurisdiction over the state law claims. The 36th District Court’s motion to dismiss is denied as moot. And finally, the Court will deny Defendant’s requests for attorneys’ fees.

Yes, it sounds like a “high conflict relationship.” (Mike Frisch)