Robert King v. Wade McCree

573 F. App'x 430
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 21, 2014
Docket13-2033
StatusUnpublished
Cited by9 cases

This text of 573 F. App'x 430 (Robert King v. Wade McCree) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert King v. Wade McCree, 573 F. App'x 430 (6th Cir. 2014).

Opinions

BOGGS, Circuit Judge.

Judge Wade MeCree, while serving as the presiding judge in a felony child-support case against Robert King, maintained a romantic and sexual relationship with the complaining witness against King. In part as a result of this conduct, the Michigan Supreme Court both removed Judge MeCree from judicial office and prospectively suspended him without pay for six years if voters should reelect Judge MeCree in November 2014. King sued Judge MeCree under 42 U.S.C. § 1983, alleging that Judge McCree’s conduct surrounding his case violated his right to due process of law. The district court determined that Judge MeCree is immune from suit under the doctrine of judicial immunity. Because any violation of King’s constitutional rights arose purely from Judge McCree’s judicial actions, we affirm.

I

A. The First Encounter

In January 2012, Judge Wade MeCree was a judge on the Third Judicial Circuit Court in Wayne County, Michigan. Robert King and Geniene La’Shay Mott were the unmarried parents of a five-year-old girl.

On March 12, 2012, the court issued a felony warrant for King’s arrest for failing to pay child support, in violation of Mich. Comp. Laws § 750.165. On March 21, 2012, the state arraigned King before Magistrate Renee R. McDuffee, and the court entered a plea of not guilty. The court then transferred King’s case to Judge MeCree.

On March 28, 2012, Judge MeCree held a hearing in King’s case, consisting of an arraignment on an information and a preliminary examination. King waived the preliminary examination.

Two months later, on May 21, 2012, Judge MeCree conducted a pre-trial hearing in People v. King, No. 12-003141-01-FH. Mott, the custodial parent in the state’s child-support case against King, was present. King owed Mott $280.50 per month in support, and he owed Mott over $10,000 in total.1 At the hearing, the state learned that King had made a $400 payment on his arrears that day. Consequently, the court and the parties agreed to a “delayed sentence” in which King agreed to a stipulated payment plan.

During this hearing, Judge MeCree met Mott for the first time. As the prosecutor prepared the child-support payment agreement, Judge MeCree told Mott: “Ma’am you’ve been so patient all day and you know, having all this time with my deputy [432]*432here, let me get a little of it.” Judge McCree then asked Mott about her daughter’s age and school. Mott told Judge McCree that she had gone years without receiving much payment. Mott told Judge McCree that “[i]f [King] don’t have court dates he doesn’t pay. If we have to go to court he magically always has the money.”

King pleaded guilty to failure to pay child support. Judge McCree entered the delayed sentence, pursuant to Mich. Comp. Laws § 771.1(2), under which the court would withdraw the plea and dismiss the charges if King made his payments for eleven months. Judge McCree scheduled the case for review hearings on August 16 and November 15, 2012.

B. The Spark

The Michigan Judicial Tenure Commission (JTC) ultimately filed a complaint against Judge McCree based on his conduct surrounding People v. King. At a hearing before the JTC a year later, Judge McCree recalled what transpired after King’s pre-trial hearing ended and court adjourned on March 28, 2012.

“Well, the courtroom had now pretty much cleared,” Judge McCree said. “There weren’t a half dozen people left in the courtroom[,] and she was chatting with my deputies and so forth[,] and I’m still on the bench doing my paper shuffle. And she’s making conversation, and we’re all involved in it. Making light conversation. Everybody is into it.”

Judge McCree acknowledged that this was not “standard practice.” “But,” he said, “I confess she was an attractive, striking woman, and, you know, she caught my eye.” The JTC examiner asked Judge McCree if he “e[a]me on to her at that point.” “Oh, we chatted, sure,” Judge McCree said. “As you can probably tell, I’m a bit animated. I’m a rather effervescent personality, and sure, we chatted.”

Judge McCree’s courtroom deputy dropped Mott’s card on Judge McCree’s bench, and Judge McCree may have given Mott his business card as well. Judge McCree could not recall giving Mott his business card, but he acknowledged that it was “quite likely” that he did so.

Judge McCree later described his meeting Mott in a text message to her. It said: “Girl, every man in the damn courtroom was peeping your upscale game.” Judge McCree stated that “everyone” referred, in part, to himself. The message also said: “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 you walk in.” (ellipsis in original). It concluded: “Had Jewell not been [there] that day, I’d have asked Deputy Green to escort you back into chambers so I would be [sic] so obvious giving you my biz card.” Judge McCree stated that he sent the message in order to flatter Mott and that he did not intend to demean any litigant who had appeared before him.

Judge McCree testified before the JTC that Mott called his chambers a day or two later. As Judge McCree recalled: “I returned the call to her[,] and we chatted, and she was talkative. She was interesting, and she said, [’]Can we get together?[’] I said sure. I don’t have — I don’t see why not.” The two made lunch plans for a week later.

On May 80, 2012, Judge McCree and Mott had lunch together in Detroit’s Eastern Market area, just east of downtown. The two “hit it off.” Mott “had a very interesting lifestyle,” Judge McCree testified. “She was — she loved sports and knew sports. She was not someone who just feigned an interest.” They also discussed Mott’s work. Mott “claimed to have been in public relations and media consulting work, and obviously a whole lot [433]*433more, as it did involve intimate — that did involve intimate ... relations.”

Judge McCree knew that Mott was involved in a pending case before him when he made plans with her. Judge McCree said that on both May 21 and on May 30 it did not “dawn on [him]” to transfer King’s case.

C. A “Volatile” Relationship

According to Judge McCree, after lunch, on May 30, 2012, Mott texted Judge McCree, telling him that she would like to see him. Judge McCree responded, telling Mott that they should coordinate their “calendars together.”

In June 2012, Judge McCree and Mott began a romantic, sexual relationship. At his JTC hearing, Judge McCree described the relationship as “volatile.” “Ms. Mott is passionate,” Judge McCree stated. “She would be at the apex of euphoria. She’d be at the abyss of near homicidal anger.” As Judge McCree recalled, “[A]fter the romance began, I found out that I had to do a lot of things just to pacify her. I had to tell her things she needed to hear to pacify her.”

In the course of their relationship, Judge McCree loaned Mott money. Judge McCree estimates that he gave Mott about $6,000. “Her big time is the NBA season, which, of course, kicks up November, December and then runs through the winter and early spring,” Judge McCree said. “She was coming into this sum of money. And Wade, if I could just get, you know— just to tide me over.”

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Cite This Page — Counsel Stack

Bluebook (online)
573 F. App'x 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-king-v-wade-mccree-ca6-2014.