In re McCREE

495 Mich. 51, 2014 WL 1242395
CourtMichigan Supreme Court
DecidedMarch 26, 2014
DocketDocket No. 146826
StatusPublished
Cited by11 cases

This text of 495 Mich. 51 (In re McCREE) 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 McCREE, 495 Mich. 51, 2014 WL 1242395 (Mich. 2014).

Opinions

MARKMAN, J.

The Judicial Tenure Commission (JTC) has recommended that respondent, Wayne Circuit Judge Wade H. McCree, be removed from office and conditionally suspended without pay for six years beginning on January 1, 2015 — with the suspension becoming effective only if respondent is reelected to judicial office in November 2014 — and that he be ordered to pay costs in the amount of $11,645.17. Respondent has filed a petition asking this Court to reject that recommendation. We affirm almost all of the JTC’s factual findings and conclusions of law, and we adopt its recommendation. The evidence establishes that respondent (a) had a sexual relationship with a complaining witness in a case pending before him without recusing himself for several months, (b) engaged in numerous ex parte communications with her concerning the case, as well as concerning another case in which one of her relatives was a party, (c) violated various policies of the courthouse by permitting his mistress to enter the facility through an employee entrance without going through security, allowing her to remain alone in his chambers while he was on the bench, arranging for her to park her vehicle in an area reserved for judges, and sneaking her cell phone into the courthouse for her, (d) transmitted numerous text messages to her while he was on the bench that contained inappropriate and derogatory references to defendants, litigants, and witnesses appearing before him, (e) lied about when and why he finally did recuse himself from the case in which his mistress was the complaining witness, (f) sought to use the prosecuting attorney’s office as leverage against his then ex-mistress by concocting charges of stalking and extortion against her, and (g) lied under oath [56]*56during the JTC proceedings. The cumulative effect of respondent’s misconduct convinces this Court that respondent should not remain in judicial office, and we therefore remove him from office and conditionally suspend him without pay for six years beginning on January 1, 2015, with the suspension becoming effective only if respondent is reelected to judicial office in November 2014. In addition, because respondent engaged in conduct involving “deceit, or intentional misrepresentation,” pursuant to MCR 9.205(B) we order respondent to pay costs of $11,645.17 to the JTC.

In respondent’s words in his own defense, “Wade should have recused himself,” but the failure to do so resulted in “no harm no foul.” We disagree. The “harm” done was to the parties’ rights to a fair legal process and the public’s right to an impartial judiciary, and the “foul” committed was the resulting violation of Michigan’s Code of Judicial Conduct.

I. FACTS AND HISTORY

On January 7, 2013, pursuant to MCR 9.219(A)(2), the JTC filed a petition for the interim suspension without pay of respondent. By order of February 8, 2013, this Court granted the petition, effective immediately. In re McCree, 493 Mich 935 (2013).1 On March 12, 2013, the JTC filed Formal Complaint No. 93 against respondent, alleging five counts of misconduct. It asserted that respondent had engaged in (a) “improper conduct [in] People v King” (Wayne Circuit Court Case No. 12-003141-01-FH); (b) the “false report of a felony”; (c) “improper conduct [in] People v Tillman” (Wayne Circuit Court Case No. 12-000686-01-FH); (d) “im[57]*57proper bench conduct and demeanor”; and (e) “misrepresentations to the Commission.”

With regard to Count I, the complaint alleged that between May and November 2012, respondent had a sexual relationship with Geniene LaShay Mott, who was the complaining witness in People v King. Robert King, the father of one of Mott’s children, was the defendant in that case, which pertained to his failure to pay Mott child support. Respondent and Mott repeatedly engaged in ex parte communications about the King case. For example, in response to Mott’s texted suggestion to impose a jail sentence until King paid $2,500, respondent texted back:

I figured if [he] hasn’t come current by his courtdate, he gets jail 2 pay. If he says he can bring me the $$, I’ll put him on a tether till he brings the receipt 2 FOC or do ‘double time’.[2]

Respondent asked Mott to keep their relationship confidential because of the then-pending JTC investigation regarding respondent’s previous conduct of having texted a photograph of himself without a shirt to a female deputy sheriff and telling a reporter in response to questions about his actions that “there is no shame in my game.”2 3 For example, on June 20, 2012, respondent included the following in an email to Mott:

My Judicial Tenure Commission matter has me nervous, as you might expect. I have to be real careful until this matter is put to rest. I can only ask humbly for your indulgence. Sorry. Second, you are the complaining witness on a case that is before me. Naturally if it got out that we [58]*58were seeing each other before your B.D.’s[4] case closed, everybody could be in deep shit. [5]

Respondent did not transfer the King case to another judge until September 18, 2012, at which point respondent sent the following text message to Mott:

DONE DEAL!!!!:-) I told a story so well, I had me believing it!! Brother King is on his way 2 ‘hangin’ Judge [James A.] Callahan. He fuck up ONCE & he’s through!![6]

With regard to Count II, the complaint alleged that respondent later made a false stalking/extortion complaint against Mott with the Wayne County Prosecuting Attorney’s Office. He also falsely told the prosecutor’s office that he had transferred the King case immediately upon starting his relationship with Mott and that Mott had demanded $10,000 in return for terminating her pregnancy and not revealing respondent’s affair with her to respondent’s wife.

With regard to Count III, the complaint alleged that respondent was involved in another failure-to-pay-child-support case in which Mott had an interest— People v Tillman. The defendant in that case was a relative of Mott’s. Respondent and Mott engaged in ex parte communications regarding this case as well. Off the record, and in the absence of any motion being filed, respondent signed an order for the reduction of bond relating to Mott’s relative.

With regard to Count iy the complaint alleged that respondent transmitted numerous text messages to [59]*59Mott while he was on the bench. Many of these text messages contained inappropriate and sexually explicit comments. For example, respondent texted Mott:

Oh yeah, I text from the bench. After last nite, its all I can do not 2 jerk off ‘under’ the bench:-). U know U have a magnificent pair of legs!

Numerous text messages respondent transmitted from the bench contained inappropriate and derogatory personal references to defendants, litigants, and witnesses appearing before him. For example, he texted:

C’mon, U’r talking about the ‘docket from Hell’; filled w/tatted up, overweight, half-ass English speaking, gap tooth skank hoes....and then U walk N.

He also texted:

2 funny, I just had Monica Conyers’[7] nephew B4 me (ignorant shit...as usual).

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Cite This Page — Counsel Stack

Bluebook (online)
495 Mich. 51, 2014 WL 1242395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mccree-mich-2014.