In re Sanders

Summary

The Michigan Supreme Court accepted portions of the Judicial Tenure Commission’s decision and recommendation concerning 36th District Court Judge Brenda K. Sanders. The Court determined that Sanders had a mental disability preventing the performance of her judicial duties and committed additional misconduct involving misrepresentations and failure to cooperate with the Commission. The Court ordered her removal from office and declined to award costs.

Holdings

1. The Court accepted the Judicial Tenure Commission's determination that Respondent suffered from a mental disability that prevented her from performing her judicial duties.
2. The Court adopted the Commission's findings that Respondent failed to cooperate with the Commission's investigation and made intentional misrepresentations to the Commission, her employer, and courts, constituting misconduct and conduct prejudicial to the administration of justice and warranting removal from office.
3. An award of costs under MCR 9.205(B) was not appropriate under the unique circumstances of the case.

Questions Presented

1. Whether the evidence established that Respondent suffered from a mental disability preventing the performance of her judicial duties.
2. Whether Respondent's failure to cooperate with the Judicial Tenure Commission and her intentional misrepresentations constituted judicial misconduct warranting removal from office.
3. Whether an award of costs under MCR 9.205(B) was appropriate under the circumstances.

Disposition

other