In the Matter of Laster

274 N.W.2d 742, 404 Mich. 449, 1979 Mich. LEXIS 420
CourtMichigan Supreme Court
DecidedJanuary 3, 1979
Docket60476, (Calendar No. 6)
StatusPublished
Cited by18 cases

This text of 274 N.W.2d 742 (In the Matter of Laster) 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 the Matter of Laster, 274 N.W.2d 742, 404 Mich. 449, 1979 Mich. LEXIS 420 (Mich. 1979).

Opinions

Per Curiam.

The Judicial Tenure Commission (hereinafter the Commission) has recommended that this Court, pursuant to its constitutional authority,1 publicly reprimand the Honorable Clar[455]*455ence Laster, Detroit Recorder’s Court Judge. Pursuant to GCR 1963, 932.24, Judge Laster, the respondent, has petitioned this Court to reject the recommendation of the Commission claiming that:

1. A de novo review of the entire record does not support the Commission’s recommendation of a reprimand.

2. He acted in "good faith” at all times as a recorder’s court judge and "good faith” stands as an absolute defense to any allegation of judicial misconduct.

3. The existence of appellate review to remedy a judge’s conduct divests the Commission of its jurisdiction to review that same conduct for the existence of judicial misconduct.

We have reviewed the entire record de novo2 and conclude that the conduct attributed to Judge Laster, and found by the Commission, is established. Furthermore, we do not find that either Judge Laster’s "good faith” intentions or the existence of an appellate avenue for review of Judge Laster’s conduct negates the Commission’s unanimous conclusion that he should be reprimanded.

I. Facts

There is no dispute regarding the essential facts in this case. Only the conclusion to be drawn from those facts is disputed.

Beginning in December, 1973, the respondent entered a series of 58 orders directing payment to bail bondsman Charles Goldfarb of amounts totaling $35,640 in bond money previously forfeited and paid to Wayne County. In all 58 cases in [456]*456which the respondent ordered forfeitures set aside and penalties remitted, the bond had originally been forfeited by another recorder’s court judge. All of the orders were on photocopied forms and were based upon photocopied form petitions with only the names, dates and amounts written in individually.

Most of the remissions took place on Sunday, but only on those Sundays Judge Laster was sitting as Sunday judge. No notices of any of the petitions of remission were served on the prosecuting attorney or corporation counsel for Wayne County. The respondent acted on petitions in open court, but no stenographic records were made of these proceedings. In two or three instances the judge who had ordered the bond forfeiture had denied a previous motion for refund. No judge of recorder’s court, other than the respondent and suspended Judge Del Rio,3 repeatedly ordered refunds on forfeited bonds that were more than four years old.

Judge Laster testified that, before acting on the bond remissions in question, he read the statute on bond remission4 and discussed the matter with two former presiding judges of recorder’s court, the court’s judicial assistant and a member of the Supreme Court’s staff. The respondent also testified that he did not believe he was usurping the power of other judges in granting such remissions. Evidently, the practice in recorder’s court concerning bond remissions, as distinguished from other bond procedures, was shrouded in uncertainty.

[457]*457Respondent testified that the late Chief Judge Murphy told him that he was empowered to remit forfeitures. He also testified- that the late Chief Judge Leonard had even considered proposing a court rule to clarify matters. The judicial assistant apparently recognized that confusion existed, and still exists, concerning these procedures.

The respondent instructed that copies of the remission orders be given by the Goldfarb Bonding Agency to the prosecuting attorney upon disposition. It is unclear whether copies of the orders were ever delivered to the prosecuting attorney’s office. No member of the prosecuting attorney’s staff ever requested a rehearing in the cases involved in these proceedings. It was the view of the respondent that bond remission was a ministerial action, involving judicial discretion, and as such given no attention by the prosecuting attorney. Respondent testified that, as a prosecuting attorney for 17 years, he never was consulted by a recorder’s court judge on bond remissions. Thus, he believed the absence of prior notice immaterial.

The bondsman, Charles Goldfarb, was a longtime acquaintance of the respondent. There is no evidence of record that the respondent was motivated by a scheme to promote the interests of the Goldfarb Bonding Agency. The examiner also acknowledges that there is no evidence of record5 which shows any personal enrichment of Judge Laster. Judge Laster testified that he was not a social friend of Mr. Goldfarb, and he never solicited Mr. Goldfarb for campaign contributions. Judge Laster did admit that Mr. Goldfarb "judge shopped” him in order to obtain the remissions.

[458]*458It appears, however, that no judges other than the respondent and Judge Del Rio entered multiple refund orders on a group or wholesale basis. Other judges remitted bond payments; certain judges entered more such orders than others. But these judges almost uniformly remitted only those bonds previously forfeited by them or their predecessors in office. The total dollar figure on bonds remitted by Judge Laster was slightly less than twice the total of any judge other than Judge Del Rio.6 *8

A formal complaint in this matter was filed with the Judicial Tenure Commission on January 12, 1977. On February 8, 1977, this Court denied the Commission’s petition for interim suspension and the respondent’s motion to dismiss. A master, Judge William Weipert, Jr., of the 38th Judicial Circuit, was appointed. The master conducted a prehearing conference and ordered the formal hearing, which took place on April 25 and 26, 1977. The master filed his report with the Commission on August 18, 1977. He concluded that the respondent should not be suspended and the complaint should be dismissed. On September 30, 1977, the Commission adopted the findings of fact made by the master. The Commission agreed there was no evidence of criminality, but nonetheless found judicial misconduct from facts which gave the appearance of impropriety, and recommended a public reprimand.

II. Issues

The respondent initially claims that a de novo [459]*459review of the entire record does not support the Commission’s recommendation of a reprimand. We cannot agree.

Canon 2 of the Code of Judicial Conduct7 provides:

"Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. He must expect to be the subject of constant public scrutiny. He must therefore accept restrictions on his conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.” (Emphasis supplied.)

Pursuant to Const 1963, art 6, § 30(2), this Court adopted GCR 1963, 932.4, which provides:

".4 Standards of Judicial Conduct.
"(a) A judge shall be personally responsible for his own behavior and for the proper conduct and administration of the court or tribunal in which he presides.

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In the Matter of Laster
274 N.W.2d 742 (Michigan Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
274 N.W.2d 742, 404 Mich. 449, 1979 Mich. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-laster-mich-1979.