In re Justin, 809 N.W.2d 126

Judicial Tenure Commission recommended removal of Judge James Justin for extensive, repeated misconduct.
Master found seven of eight counts proven by preponderance; misconduct included fixing tickets for self/family/staff, altering abstracts, ex parte communications, ignoring plea agreements, delaying proceedings, and misrepresenting to JTC.
Respondent admitted dismissing tickets without hearings or prosecutor notice; exceptions included dismissals “after explanation” and some with plea adjustments.
Court held there was a long, pervasive pattern showing disregard for law and due process, justifying removal.
JTC adopted master’s findings and urged removal plus costs; court approved removal and costs assessment.
Respondent’s conduct included stopping or deleting court record abstracts to Secretary of State, and lying under oath during JTC proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether fixing tickets warrants removal	JTC argues the fixing tickets shows severe misconduct requiring removal	Justin argues some actions were framed as expedients or within discretion	Yes; fixing tickets warrants removal
Whether misrepresentations to JTC occurred	JTC contends respondent lied about dismissals and abstracts	Justin contends statements were nuanced or mischaracterizations	Yes; proven misrepresentations support removal
Whether ex parte communications and interference with another judge's case constitute misconduct	JTC cites ex parte discussions to influence cases	Justin argues limited to intra-office communications	Yes; proven interference constitutes misconduct supporting removal
Whether improper handling of costs and plea agreements support removal	JTC asserts inappropriate imposition/omission of costs and improper plea edits	Justin claims discretionary or misinterpreted authority	Yes; improper cost handling and plea interference warrant removal

In re Brown, 461 Mich 1291 (1999) (recognizes Brown factors and severity in discipline for repeated misconduct)
In re Justin, 456 Mich 1220 (1998) (prior related discipline and pattern of misconduct considered in removal decision)
Noecker, 472 Mich 1 (2005) (concerns oath, public trust, and removal justified by misconduct undermining justice)
In re Hultgren, 482 Mich 358 (2008) (distinguishes actions that cross into misconduct when influencing another judge’s rulings)
People v Gillis, 474 Mich 105 (2006) (discusses separation of powers and scope of judicial authority in discipline context)
Daniels v People, 6 Mich 381 (1859) (historical notion of truth-seeking in judicial process)