In re Adams
494 Mich. 162
| Mich. | 2013Background
- JTC recommended 180 days’ suspension without pay and $8,498.40 costs for Deborah Ross Adams based on alleged misconduct in a contentious divorce.
- Master found perjury, forged signatures, and several misrepresentations; JTC adopted most master findings but narrowed some conclusions.
- Respondent admitted calling Judge Brennan’s chambers while represented, and denying it under oath in Brennan’s courtroom.
- Respondent signed her former attorney Ms. Dudley’s name on pleadings and filed them without permission; Dudley denied giving permission.
- JTC concluded multiple misrepresentations were proven; respondent lied in testimony to both the JTC and the court proceedings.
- Court held removal from office was necessary to restore integrity of the judiciary, and imposed costs for deceitful conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent committed perjury | Adams lied under oath in Brennan’s courtroom. | Respondent did not intentionally lie; statements were misunderstandings. | Yes; perjury proven; lies under oath. |
| Whether signing another attorney’s name without permission constitutes forgery/uttering | Dudley did not authorize signing; documents filed without permission. | Respondent believed she had permission to sign and file. | Yes; signing without permission violated forging/uttering statutes and code. |
| Whether respondent’s misrepresentations to the JTC were proven | Respondent lied about number of calls, permission, and other facts. | Some statements were truthful or not deliberate lies. | Yes; multiple misrepresentations established. |
| Appropriate sanction for misconduct | 180-day suspension without pay adequately protects the public. | suspension is sufficient; removal is not necessary. | Removal from office deemed necessary; suspension alone inadequate. |
| Whether costs under MCR 9.205(B) are appropriate | Costs should be imposed for deceitful conduct. | Costs may follow conduct; not necessarily here. | Costs of $8,498.40 ordered. |
Key Cases Cited
- In re Brown, 461 Mich 1291 (2000) (Brown factors guide sanctions; pattern vs isolated misconduct)
- In re Ferrara, 458 Mich 350 (1998) (oath integrity; removal for lying under oath)
- In re Noecker, 472 Mich 1 (2005) (truthfulness under oath and public trust; precedential on removal)
- In re James, 492 Mich 553 (2012) (lying under oath antithesis of judicial integrity; sanctions)
- In re Chrzanowski, 465 Mich 468 (2001) (review of JTC proceedings; role of Supreme Court in discipline)
- In re Halloran, 466 Mich 1219 (2002) (scope of de novo review in JTC disciplinary matters)
- In re Mikesell, 396 Mich 517 (1976) (powers and boundaries of JTC investigations)
- In re Noecker, 472 Mich 13 (2005) (integrity and honesty required of judges)
