In Re Ferrara

582 N.W.2d 817, 458 Mich. 350
CourtMichigan Supreme Court
DecidedJuly 28, 1998
Docket109593, Calendar No. 11
StatusPublished
Cited by37 cases

This text of 582 N.W.2d 817 (In Re Ferrara) 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 Ferrara, 582 N.W.2d 817, 458 Mich. 350 (Mich. 1998).

Opinions

Weaver, J.

Judge Andrea J. Ferrara, respondent, has served as judge in the Third Judicial Circuit Court in Wayne County since January 1993.1 On February 9, 1998, the Judicial Tenure Commission recommended that she be removed from office for the remainder of her term. We review this matter pursuant to Const 1963, art 6, § 30,2 and accept the recommendation [352]*352that respondent should be removed from office because her conduct “before and during the hearing, independently warrants the most severe sanction.”3

Respondent’s behavior from the time the newspaper medium made public the contents of the tapes containing racial and ethnic slurs made by the respondent, through the judicial misconduct hearing, and up to respondent’s statements to this Court at her appeal hearing, reveal that respondent has neither the temperament, judgment, nor character to be a member of the judiciary. Our decision is not based on the actions that led to the initial charges of misconduct, the racial and ethnic slurs made by respondent in private telephone conversations with her ex-husband on eleven occasions between 1992 and 1993. Instead, our finding of misconduct meriting removal is premised upon respondent’s conduct after the derogatory statements were made public by the press and other media. Thus, it is not necessary to adopt the commission’s finding regarding these statements or to determine whether the tapes were properly admitted in light of the federal Wiretapping Act, 18 USC 2515.4

[353]*353Although we do not base our judgment on the statements, and therefore do not reach the respondent’s defenses regarding them, we unequivocally state our view that whatever respondent’s right to her own private opinion, a person harboring and communicating such revolting views is unworthy of holding the privileges and responsibilities of public office. Indeed, the mean-spirited, crude, and biased nature and tone of the statements that were made public are inexcusable and unacceptable from a judge. See, e.g., In re Bennett, 403 Mich 178, 199; 267 NW2d 914 (1978).

I. FACTS

This proceeding against respondent, Third Circuit Judge Andrea J. Ferrara of Wayne Circuit Court, stems from the highly inflammatory contents of eleven recordings,5 which were made public on Feb[354]*354ruary 19, 1997, by a Detroit newspaper article entitled, “Recordings indicate judge slurred Jews, blacks and others.” The article reported that in seven of those conversations Ferrara, who is white, used the word “nigger” or variations, and also made other racial and ethnic slurs. The article read in part:

She used the word to criticize a black circuit court judge, question the loyalty of a black political supporter and complain about a coworker at the U.S. Immigration and Naturalization Service, where Ferrara worked as a trial attorney from 1988 to 1992.
Ferrara also used the word to express concern about people who might show up if she had a garage sale or those her children might encounter if Tarjeft took them shopping at a mall or camping at a Detroit-area park.
She also used the derogatory remark to express concern that her ex-husband’s car might break down with the children in it in a predominantly black neighborhood.
“Well all you need is a breakdown in niggertown,” Ferrara said.
In another conversation, Ferrara called her husband a vicious person with a sick mind.
“You’re probably part black,” Ferrara said. “You are, I think you are. I think you’ve got nigger blood in you.”
“Maybe I do,” Tarjeft said. “Maybe there’s some Sicilian blood in the background, who knows.”
“I know there is and that’s nigger.” Ferrara said. “So, that’s why you’re as sick as you are.”
Ferrara called a circuit court judge with whom she was unhappy a “little whore Jew.”
[355]*355She also said she was depressed that an Arab family had moved nearby and said she didn’t want to live across the street from “a bunch of you-know-whats.” She said, “They sit there and sit on the porch gaggling . . .

These statements were recorded in 1992 and 1993 by respondent’s ex-husband, Tarjeft, who made the recordings in an apparent attempt to gain ammunition for his very hostile custody battle with respondent over their twin minor sons. Respondent claims that in September 1996, to avoid an arrearage hearing, Tarjeft extorted respondent by threatening to destroy her career by releasing the tapes should she not capitulate to his demands regarding the arrearages, custody arrangement, and a fee dispute with another attorney. Tarjeft told the press that he made the tapes to level the playing ground between the ex-spouses. He apparently felt he was at a constant disadvantage to respondent in legal proceedings given her position as a judge.

After the publication of the statements made by respondent, the Judicial Tenure Commission initiated an investigation into the matter.6

The investigation led to the filing of Formal Complaint No. 52 by the commission’s examiner, who charged respondent with several instances of judicial misconduct for communicating racist and other ethnically discriminatory views, bias, or the appearance of bias against these racial and ethnic groups. The exam[356]*356iner also charged respondent with publicly misrepresenting those communications during a February 1997 press conference that respondent herself convened.7

In May 1997, this Court temporarily suspended respondent pending the final disciplinary determination.

On June 11, 1997, we appointed the Honorable Vesta Svenson as master to preside over the hearing of the complaint against respondent. During the course of the hearing, a second amended complaint was filed in early October 1997 to conform to the proofs pursuant to MCR 9.124, and to include charges of obstruction of justice from the October 3, 1997, proceedings. These additional charges were based on (1) testimony by respondent’s minor twin son, Christopher Tarjeft, that respondent asked him to destroy the tapes, and (2) respondent’s refusal to answer further questions regarding the tapes on the basis of alleged privacy rights under the federal wiretapping statute.

A third amended complaint was filed on October 29, 1997, and included additional charges of conduct clearly prejudicial to the administration of justice, fabrication of evidence, obstruction of justice, dishonesty, and fraud. These charges were based on respondent’s attempts to introduce a letter purportedly written by Avela Smith, a concerned citizen who became acquainted with respondent several years before the release of the tapes and the surrounding negative publicity.

[357]*357In her defense, respondent presented twenty-two witnesses, including herself. Many of the witnesses were African-Americans or of Arab descent, and were therefore members of some of the groups of which respondent spoke in the tapes.

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Bluebook (online)
582 N.W.2d 817, 458 Mich. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ferrara-mich-1998.