In re Binkowski

420 Mich. 97
CourtMichigan Supreme Court
DecidedDecember 28, 1984
DocketDocket No. 71941
StatusPublished
Cited by3 cases

This text of 420 Mich. 97 (In re Binkowski) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Binkowski, 420 Mich. 97 (Mich. 1984).

Opinion

Per Curiam.

The matter is before this Court pursuant to the recommendation of a majority1 of the Judicial Tenure Commission that the respondent be publicly censured for his admitted act of proffering to others only a part of a letter sent to him by the Judicial Tenure Commission. It is asserted by the commission that the circulation of the edited letter conveyed the false and misleading impression that certain grievances had been dismissed by the commission without any finding of impropriety on the part of the respondent. In recommending public censure of the respondent, the commission has concluded that respondent’s conduct was "dishonest” and constitutes conduct clearly prejudicial to the administration of justice and misconduct in office, citing Const 1963, art 6, § 30, and GCR 1963, 932.4(b).

I

On May 15, 1981, an attorney filed with the commission a request for investigation of the respondent. The request for investigation alleged partiality by the respondent with regard to the processing of certain misdemeanor charges against a Macomb County Commissioner. In addition it was alleged that in response to the filing of a motion to disqualify the respondent in one of the aforementioned cases the respondent had attacked the integrity or competence of various persons, including the individual who had filed the request for investigation, by typing statements on unrelated court files designed to achieve that effect.

[100]*100On November 9, 1981, a separate request for investigation dealing with a matter related to the previous request was filed by a different complainant.

On February 4, 1982, the respondent met with a subcommittee of the commission to discuss these allegations. On this occasion the respondent acknowledged that his actions with regard to the charges against the Macomb County Commissioner and with regard to the making of the previously mentioned entries in unrelated court files were inappropriate. The respondent indicated that there would be no repetition of such conduct.

On February 8, 1982, the commission sent respondent a letter the full text of which is as follows:

"PERSONAL & CONFIDENTIAL

"The Honorable Don Binkowski Judge, 37th District Court 8300 Common Road Warren, Michigan 48093

"Re: Grievances #81-1932 and #81-2071

"Dear Judge Binkowski:

"Please be advised that the Judicial Tenure Commission has completed its review of the grievances concerning which your response was previously invited, and with respect to which you appeared before a subcommittee of the Commission on February 4, 1982.

"It is the considered view of the Commission that your conduct in connection with the Myslakowski cases was inappropriate in certain respects, as was pointed out by the Commission subcommittee. At that time, it was indicated, and the Commission again would reiterate, that a disinterested observer might reasonably interpret such conduct on your part as reflecting partiality or favoritism towards Mr. Myslakowski.

[101]*101"The Commission must also express its disapproval of your practice in making extraneous entries on court files at the 37th District Court. These notations on public records serve no legitimate purpose, unnecessarily demean the object of the notations, denigrate respect for your own office and person, and raise serious doubts in the mind of the public concerning the judiciary’s ability to dispense justice in a fair and impartial manner. However, the Commission’s perception of the gravity of this conduct is tempered by your recognition that such actions were improper, and your representation that there will be no repetition of this practice on your part.

"There being no need for further action, the Commission has, accordingly, dismissed the above grievances.

"Very truly yours,

“/s/Michael J. Kelly

"Michael J. Kelly

Chairman

"MJK:jtk

"cc: All Commissioners”

It is important to note for purposes of the present proceedings that only the final paragraph of the letter reading:

"There being no need for further action, the Commission has, accordingly, dismissed the above grievances.”

appeared on page 2 of the letter.

The respondent, after receiving this letter, modified it by retaining the letterhead of the commission found on page one, folding it over, and superimposing it over page two. As modified by the respondent the letter now read:

"The Honorable Don Binkowski

[102]*102Judge, 37th District Court 8300 Common Road Warren, MI 48093

"Marrocco Kennedy [both names handwritten]

"There being no need for further action, the Commission has, accordingly, dismissed the above grievances.

'Vs/ Michael J. Kelly

"Michael J. Kelly Chairman

The names "Marrocco” and "Kennedy” were handwritten on the altered letter and were the surnames of the two individuals thought by the respondent to have been those who had filed requests for investigation of the respondent with the commission.

Soon after producing the altered letter, the respondent disseminated it to two of his fellow judges of the 37th District Court, Judge Sherman Faunce and Judge George E. Montgomery. Both Judge Faunce and Judge Montgomery testified that they perceived the altered letter supplied to them by the respondent to be the complete document. Within a few days after dissemination of the altered letter successful efforts were made either by respondent or someone on his behalf to retrieve the copies.

The respondent admitted that he had provided the altered letter to his two colleagues. When asked by the master why he had altered the letter he replied:

[103]*103"Your Honor, for me to reveal the admonishment by the Commission, in view of a very bitter 1980 campaign, would be to commit political hara-kiri. I thought that the letter was confidential to me, and I was free to do with it whatever I wanted to do in whatever I wanted to do.”

The respondent denied that he had intended to deceive anyone by altering the letter in question.

II

Nathan J. Kaufman, a former judge of the Michigan Court of Appeals, was appointed to act as master in this matter. After hearing evidence, he issued his report in this matter in which he stated in relevant part:

"Your Master concludes that the act of respondent in changing the Judicial Tenure Commission letter, Exhibit C, was not honest. Furthermore, I find that his explanation was a very foolish one — that he did his dishonest acts in the interest of politics.
"Your Master also concludes that the other charges were not established. Further, no one testified as to the respondent’s conduct on the bench, his legal abilities, or his moral behavior. And, while the acts were dishonest, I believe that the matter should have been disposed of after preliminary investigation with private censure in accordance with GCR 1963, 932.7(c); In re Somers, 384 Mich 320; 182 NW2d 341 (1971).”

A majority of the commission, after receiving the report of the master, has recommended that the respondent be publicly censured.

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Bluebook (online)
420 Mich. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-binkowski-mich-1984.