Dismissal Of Judicial Ethics Charges Rejected

The Michigan Judicial Tenure Commission rejected a Master’s dismissal of a complaint and ordered that a hearing be conducted

Thus, in this case, we reject that the Master’s strict and overly technical application of the standards under MCR 2.116(C)(10) in recommending interlocutory dismissal of this proceeding based upon a perceived lack of evidence to create a genuine issue of material fact for the public hearing. The Commission already deemed the evidence from the investigation sufficient to authorize and file FC 106. MCR 9.224(A). Evidentiary concerns regarding the video of the incident on Mackinac Island should be handled at the hearing but, again, we do not understand the video to be in genuine dispute by the parties.

Further, disciplinary counsel should not be required to present all or any of its witness testimony in affidavits pre hearing. This is particularly true in this case, where the Master has already denied disciplinary counsel’s request to consolidate this proceeding with the very closely related proceeding involving the same incident on Mackinac Island in FC 105 as to Respondent Judge Brue, thereby necessitating disciplinary counsel to call the same eleven anticipated witnesses to give the same testimony in two proceedings instead of one proceeding. The Master’s interlocutory recommendation here would have disciplinary counsel present these witnesses’ testimony for at least the third time, in affidavit format, which is simply not required as a precursor to the public hearing under subchapter 9.200, and is overly burdensome for all involved (including the witnesses). The Commission agrees with disciplinary counsel that what the Master required on dispositive motion practice “is precisely what the hearing is for.” (9/1/23 Response, p. 5.) Respondent in this case is no doubt fairly informed of the charges against her and the misconduct of which she is accused, which is all that is required. See Mikesell, 396 Mich at 532. The hearing should be conducted.

Detroit News reported on the charges

An Oakland County district court judge is accused of lying to investigators while they looked into a complaint regarding a fellow judge, according to a public complaint filed by the Michigan Judicial Tenure Commission last week.

Southfield’s 46th District Court Judge Debra Nance is accused of making false statements on two occasions, in July 2020 and in September 2021. Nance was not immediately available for comment.

The investigation into Nance is connected to another complaint issued before Thanksgiving against Wayne County 36th District Court Judge Demetria Brue, who allegedly lied about being assaulted by a bike shop owner at a judicial conference in August 2019 on Mackinac Island.

Brue asked the bicycle shop for a discount because Nance had trouble operating the bicycle they rented, according to the complaint filed against Brue. Nance primarily watched as Brue spoke to the owner of the shop.

When the employees and owner denied her the discount, Brue allegedly told them she and Nance were judges and tried to reach across the cash register to take back their receipt. The receipt ripped and Brue accused the owner of assaulting her and said she was going to call the police, according to Brue’s complaint.

She allegedly said something along the lines of, “Do you know what is now going to happen to you, a Caucasian man that’s found guilty of striking an African American female judge?” She told the owner she was shaken and feared for her safety.

When police reviewed security camera footage, they said it appeared that Brue had been the assaulter, according to the complaint against Brue.

(Mike Frisch)