Summary
The Michigan Supreme Court reviewed the Judicial Tenure Commission’s recommendation to remove 14-A District Court Judge J. Cedric Simpson for misconduct arising from his intervention in an intern’s impaired-driving investigation and prosecution and his misleading statements during disciplinary proceedings. The Court found misconduct but imposed a nine-month suspension without pay and costs of $7,565.54 rather than removal; Justice Wilder did not participate, and Chief Justice Markman, joined by Justice Zahra, partially dissented.
Topics
Practice areas
Questions Presented
- Whether the evidence proved that respondent interfered with the police investigation.
- Whether the evidence proved that respondent interfered with the criminal prosecution of his intern.
- Whether respondent made an intentional misrepresentation or misleading statement regarding the purpose of his extensive communications with Vargas.
- Whether respondent intentionally misrepresented the timing of his contacts with Vargas before 4:00 a.m. on September 8, 2013.
- Whether removal from office was a proportional sanction for the proven misconduct.
- Whether respondent could be ordered to pay the JTC's costs under MCR 9.205(B).
- Whether the Supreme Court could address misconduct not found and recommended by the JTC.
Holdings
- The JTC properly found by a preponderance of the evidence that respondent committed judicial misconduct by using his position as a judge in an effort to interfere with the police investigation of his intern.
- The JTC properly found by a preponderance of the evidence that respondent committed judicial misconduct by interfering with the prosecution of Vargas.
- The JTC failed to prove by a preponderance of the evidence that respondent intentionally misrepresented or misleadingly stated that he had no contact with Vargas before 4:00 a.m. on September 8, 2013.
- The JTC properly found that respondent made an intentional misrepresentation or misleading statement when he attributed the vast bulk of his communications with Vargas to work on the Nassif case.
- Removal from office was disproportionate; a nine-month suspension without pay was the appropriate sanction for respondent's sustained interference with the investigation and prosecution and his nontestimonial misrepresentation.
- Respondent was properly ordered to pay $7,565.54 in costs because he engaged in conduct involving intentional misrepresentation or misleading statements within the meaning of MCR 9.205(B).
- The Court declined to address allegations of misconduct that were not found and recommended by the JTC.
Key quotations
““Judicial tenure cases come to this Court on recommendation of the JTC, but the authority to discipline judicial officers rests solely in the Michigan Supreme Court.”” (8-9)
““This Court’s overriding duty in the area of judicial discipline proceedings is to treat ‘equivalent cases in an equivalent manner and . . . unequivalent cases in a proportionate manner.’ ”” (21-22)
“Respondent’s judicial misconduct warrants a serious sanction to restore the public’s faith and confidence in the judiciary.” (35)
Factual background
Judge Simpson arrived at the scene of his intern Crystal Vargas's alcohol-related automobile accident while police were conducting field sobriety testing. He identified himself as a judge, interrupted the investigation, spoke with Vargas without the officer's permission, and suggested that she might simply need a ride. Simpson later contacted the township attorney, advocated for Vargas, raised issues concerning the breath-test results, requested the police report, discussed defense attorneys, and caused the prosecutor temporarily to delay the case. During the JTC proceedings, Simpson inaccurately described the purpose of the extensive communications he had exchanged with Vargas.
Procedural history
The Judicial Tenure Commission charged Judge J. Cedric Simpson with interfering with a police investigation, interfering with a criminal prosecution, and making misrepresentations to the Commission. An appointed master found all three counts proved by a preponderance of the evidence, and the JTC recommended removal from office and costs of $7,565.54. After the Supreme Court remanded for consideration of allegedly exculpatory information, the master and JTC concluded that the additional information did not alter their findings. The Supreme Court affirmed the misconduct findings in substantial part, modified the sanction, and ordered a nine-month unpaid suspension plus costs.