The Fiery Lake Of Burning Sulpher
The Michigan Supreme Court has adopted in part the findings and proposed sanction of the Judicial Tenure Commission of a now-former judge
We adopt in part the recommendations made by the Commission. We impose a six-year conditional suspension without pay on respondent effective on the date of this decision. Should respondent be elected or appointed to judicial office during that time, she “will nevertheless be debarred from exercising the power and prerogatives of the office until at least the expiration of the suspension.” In re Probert, 411 Mich 210, 237 (1981). See also In re Konschuh, 507 Mich 984 (2021). We reject as moot the Commission’s recommendation that we remove respondent from office because respondent no longer holds judicial office as of January 1, 2023.
The misconduct involved abuse of contempt powers in at least two cases, pretextually dismissing cases, failing to comply with a performance improvement plan, intentionally disconnecting videorecording equipment, creating unauthorized recordings of proceedings, making material misrepresentations in the investigation and
Respondent parked in a handicap loading zone at a gym and placed a placard in her window to convey that she was there on the authority of the Detroit Police Department and Mayor Mike Duggan. The placard conveyed that she was there “On Official Business,” stating that “[t]his vehicle shall not be cited or impounded under penalty of law.” Respondent did not have authority to display the placard and was not at the gym on official business for the Detroit Police Department. After a third-party’s car was blocked in and the police were called, respondent attempted to use her status as a judge to avoid any citation—flashing her judge’s badge at the responding officer.
The performance plan related to “ominous Bible verses” sent to court officials
For example, respondent sent e-mails to her supervisors and colleagues that stated the following:
- “Sovereign Lord, my strong deliverer, you shield my head in the day of battle. Do not grant the wicked their desires, Lord; do not let their plans succeed. Those who surround me proudly rear their heads; may the mischief of their lips engulf them. May burning coals fall on them; may they be thrown into fire, into miry pits, never to rise. Psalm 140:7-10.”
- “But the cowardly, the unbelieving, the vile, the murderers, the sexually immoral, those who practice magic arts, the idolaters and all liars – they will be consigned to the fiery lake of burning sulfur. This is the second death. Revelation 21:8.”
Free speech defense rejected
We disagree. The Bible verses quoted by respondent were, in the context of respondent’s e-mails, clearly intended to be insulting, discourteous, disrespectful, and menacing toward the recipients. The e-mails also reflect a failure to demonstrate the professionalism demanded of judges.
Conclusion
we conclude that respondent engaged in repeated, deliberate misconduct that besmirched the judiciary’s reputation and prejudiced the administration of justice. The nature and pervasiveness of respondent’s misconduct requires the highest condemnation and harshest sanction. Given respondent is no longer on the bench, we hold that a six-year conditional suspension without pay is an appropriate sanction, with the suspension barring respondent from serving in a judicial office during that period.
(Mike Frisch)