In re Honorable Gerard Trudel

In re Trudel · Michigan Supreme Court · August 1, 2008 · No. SC: 121995; JTC: Formal Complaint No. 68

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

  1. 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

  1. 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.
  2. 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.

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