Summary
The Michigan Supreme Court reviewed de novo the Judicial Tenure Commission's findings and recommendations concerning former judge Byron J. Konschuh. The Court imposed a six-year conditional suspension without pay, effective if Konschuh regains judicial office, and held him liable for costs associated with the commission's prosecution based on intentional misrepresentations.
Topics
Practice areas
Questions Presented
- Whether the Judicial Tenure Commission's findings and disciplinary recommendations should be adopted after de novo review.
- Whether removal from judicial office was an appropriate remedy when Konschuh no longer held judicial office.
- Whether the Supreme Court should impose a six-year conditional suspension without pay for Konschuh's cumulative misconduct.
- Whether Konschuh was liable under MCR 9.202(B) for the costs, fees, and expenses incurred by the commission in prosecuting the complaint.
Holdings
- After de novo review, the Supreme Court adopted the commission's findings of fact and conclusions of law to the extent consistent with the order and adopted its analysis of the appropriate sanction, while declining to adopt the legal conclusion that Konschuh's handling of county funds constituted embezzlement.
- The Court imposed a six-year conditional suspension without pay, effective only if Konschuh regains judicial office during that period; the recommendation to remove him from office was rejected as moot because he no longer held judicial office.
- Konschuh was held liable under MCR 9.202(B), in an amount subject to review by the Supreme Court, for the costs, fees, and expenses incurred by the commission in prosecuting the complaint.
Key quotations
“We impose a six-year conditional suspension without pay on respondent effective on the date of this decision.” (at 1)
“The cumulative effect and pervasiveness of respondent’s misconduct convinces this Court that respondent should not hold judicial office.” (at 2)
Factual background
Konschuh, formerly a judge of the 40th Circuit Court, pleaded no contest to a crime in 2016 and later made false statements concerning that plea. He took and improperly handled several types of funds belonging to Lapeer County, failed to keep records concerning those funds, and failed to disclose relationships with attorneys appearing before him or disqualify himself from related cases. He also testified falsely about his knowledge of Lapeer County's public-contract policy and about the disposition of payment for a Heartland money order.
Procedural history
The Judicial Tenure Commission issued findings and recommendations on an amended formal complaint against Konschuh. The Supreme Court conducted de novo review, adopted the commission's findings and conclusions in part, rejected as moot the recommendation that Konschuh be removed because he no longer held judicial office, imposed a six-year conditional suspension without pay, and ordered the commission to submit an itemized bill of costs.
Remand instructions
The Judicial Tenure Commission was ordered to submit an itemized bill of costs for review by the Supreme Court.