In re McCREE, 495 Mich. 51

Background

Wayne Circuit Judge Wade H. McCree had a months‑long sexual relationship with Geniene Mott, the complaining witness in People v. King, while the case was pending before him and delayed recusal.
McCree engaged in repeated ex parte communications and coordinated case handling with Mott (texts/emails discussing jail, tether, and prosecutorial “prepping”), and engaged in similar ex parte contacts in a related case (People v. Tillman) involving a relative of Mott.
He violated courthouse security and administrative policies (escort through employee entrance, parking privileges, leaving Mott alone in chambers, smuggling her cell phone), and sent numerous crude/derogatory texts from the bench.
After the relationship soured, McCree reported alleged stalking/extortion to prosecutors but misrepresented material facts (including timing of recusal and facts about Mott), and repeatedly lied under oath during JTC proceedings.
The Judicial Tenure Commission (JTC) recommended removal and a conditional six‑year suspension without pay (effective if McCree were reelected), plus costs; the Michigan Supreme Court reviewed de novo, adopted nearly all JTC findings, and entered that sanction and assessment of costs ($11,645.17).

Issues

Issue	Plaintiff's Argument (JTC / State)	Defendant's Argument (McCree)	Held
Whether McCree’s sexual relationship with a complaining witness and ex parte communications constituted misconduct and required discipline	Relationship + ex parte contacts corrupted impartiality and prejudiced administration of justice; supports removal/serious sanction	Admitted he should have recused; argued “no harm no foul” and minimized prejudice	Court held this conduct violated disqualification rules, judicial canons, and prejudiced justice; weighty factor for removal/suspension
Whether McCree lied to prosecutors and the JTC (fraud/deceit) warranting findings of dishonesty and costs	JTC: misrepresentations and false statements (recusal timing, stalking/extortion claims, ongoing relationship) evidenced pervasive dishonesty and deceit	McCree disputed some characterizations and the materiality of certain misstatements; sought lesser sanction	Court found McCree lied under oath and to investigators; deceit supports both removal/conditional suspension and imposition of costs under MCR 9.205(B)
Whether texts sent from the bench and other on‑bench misconduct constitute judicial misconduct	Such on‑bench texting (derogatory/sexually explicit) and ex parte messages undermine public confidence and violate Canons	Argued some texts were private and did not affect performance; contested scope and weight	Court concluded many bench texts violated Canons promoting impartiality and respect, contributing to sanction decision
Appropriate sanction: removal alone, suspension, or conditional suspension given election possibility	JTC: remove and conditionally suspend 6 years if reelected; costs assessed	McCree argued for minimal sanction (time served/interim suspension) and analogized to lesser disciplinary precedents	Court affirmed removal and a conditional six‑year suspension (effective if reelected) plus costs, reasoning removal alone insufficient given misconduct pattern, dishonesty, and risk of recurrence

Key Cases Cited

In re Brown, 461 Mich 1291; 625 NW2d 744 (2000) (factors guiding judicial discipline assessment)
In re Adams, 494 Mich 162; 833 NW2d 897 (2013) (lying under oath by a judge typically warrants removal)
In re Justin, 490 Mich 394; 809 NW2d 126 (2012) (false testimony incompatible with judicial office)
In re James, 492 Mich 553; 821 NW2d 144 (2012) (Court reviews JTC recommendations de novo; conditional suspension authority discussed)
In re Probert, 411 Mich 210; 308 NW2d 773 (1981) (conditional suspension precedents and Court authority to prevent future exercise of judicial power)
In re Jenkins, 437 Mich 15; 465 NW2d 317 (1991) (purpose of judicial discipline: protect public from corruption and preserve judiciary integrity)