In re Hon. Elizabeth Biolette Church

Summary

The Michigan Supreme Court publicly censured and suspended Judge Elizabeth Biolette Church for 120 days without pay based on stipulated findings of judicial misconduct. The misconduct included unauthorized dismissal or modification of criminal and ticket cases, ex parte communications, improper handling of disqualification matters, and failure to appoint a translator when required. The Court adopted the Judicial Tenure Commission’s findings and conclusions and deferred to its recommended sanction in light of the judge’s medical condition and acceptance of responsibility.

Holdings

1. The Supreme Court adopted the Judicial Tenure Commission's stipulated findings of fact and legal conclusions as its own following de novo review and held that Judge Church's conduct constituted misconduct in office, conduct clearly prejudicial to the administration of justice, conduct involving impropriety and the appearance of impropriety, failure to be faithful to the law and maintain professional competence, improper ex parte communications, and failure to use the usual and accepted methods of doing justice.
2. The Supreme Court publicly censured Judge Church and suspended her without pay for 120 days.

Questions Presented

1. Whether the Judicial Tenure Commission's stipulated factual findings and legal conclusions established judicial misconduct, conduct prejudicial to the administration of justice, impropriety, improper ex parte communications, and related violations of judicial conduct standards.
2. Whether public censure and a 120-day suspension without pay were an appropriate sanction under the circumstances.

Disposition

other