Summary
The Michigan Supreme Court directed the Judicial Tenure Commission to produce evidence supporting its motion to appoint a receiver based on the allegation that Judge Gerard Trudel failed to appear for a creditor’s examination. The motion remained pending, while Justices Weaver and Young dissented, with Weaver reiterating that the Court lacked constitutional authority to assess costs against a judge and Young concluding that less intrusive measures had not been shown ineffective.
Holdings
- The Court directed the Judicial Tenure Commission to produce, within 28 days, evidence supporting its allegation that Judge Trudel failed to appear for a creditor's examination pursuant to a subpoena, and left the motion for appointment of a receiver pending.
Questions Presented
- Whether the Judicial Tenure Commission should be required to produce additional evidence supporting its allegation that Judge Trudel failed to appear for a creditor's examination before the Court ruled on its motion to appoint a receiver.
- Whether the second motion for appointment of a receiver should be denied because less intrusive means had not been shown to be ineffective.
Disposition
other
Cases Cited (4)
- In re Noecker, 472 Mich. 1, 18-19 (2005)(discussed in dissent)
- In re Trudel, 477 Mich. 1202, 1203 (2006)(followed in dissent)
- Reed v. Reed, 265 Mich. App. 131, 162 (2005)(applied in dissent)
- In re Hon Trudel, 480 Mich. 1213, 1214 (2007)(discussed in dissent)
Cited In (0)
No citing cases on record yet.
Court Document
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