Pending Formal Complaints and Recent Supreme Court Decisions

Select documents relating to the pending and recently resolved formal or consent proceedings may be obtained by clicking on the documents below.  Arrangements for viewing and obtaining copies of all public materials concerning any formal complaint can be made by contacting the Commission.


FC No. 100
Hon. Byron J. Konschuh, 40th Circuit Court
  

The formal complaint, including the request for appointment of Master, may be accessed by clicking here.

The amended formal complaint may be accessed by clicking here.

Respondent's answer to the amended formal complaint may be accessed by clicking here.

Respondent's affirmative defenses to the formal complaint may be accessed by clicking here.

Disciplinary Counsel's proposed findings of fact and conlusons of law may be accessed by clicking here.

Respondent's proposed findings of fact and conlusons of law may be accessed by clicking here.

Disciplinary Counsel's reply to respondent's proposed findings of fact and conlusons of law may be accessed by clicking here.

Respondent's reply to Disciplinary Counsel's proposed findings of fact and conlusons of law may be accessed by clicking here.

The Master's report to the Commission may be accessed by clicking here.

Disciplinary Counsel's objections to the Master's report may be accessed by clicking here.

The Commission's notice of hearing and scheduling order may be accessed by clicking here.

Respondent's response to Disciplinary Counsel's objections to the Master's report may be accessed by clicking here.

The Commission has ajourned the public hearing scheduled for April 6, 2020, until May 4, 2020, at 10:00 a.m., based on Governor Gretchen Whitmer's Executive Order suspending all non-essential matters. The Commission has also determined that the May 4 hearing will likely be held by Polycom and is subject to further adjournment as warranted. The Commission's order may be accessed by clicking here.

The Commission has adjourned the public hearing set for May 4, 2020, due to logistical issues in holding the proceeding with the ongoing COVID-19 pandemic. The Commission is working on rescheduling the oral argument.

The Commission has rescheduled the oral argument in this matter for Friday, May 29, 2020. The time, location, and means by which the hearing will be held will be determined at a later date. The Commission Chairperson's order may be accessed by clicking here.

The Chairperson of the Michigan Judicial Tenure Commission has established the procedures to be used for the hearing on disciplinary Counsel's objections to the Master's report. The hearing will take place on Friday, May 29, 2020, at 10:00 a.m. and the proceedings will be conducted via Zoom.

The Commission has issued instructions and polices relating to the oral argument scheduled for Friday, May 29, 2020 in this matter. The instructions and polices may be accessed by clicking here.

The Commission's Decision and Recommendation for Discipline may be accessed by clicking here.

Respondent's petition for review of the Commission's Decision and Recommendation, filed in the Michigan Supreme Court, may be accessed by clicking here. The appendix may be accessed below (an index to the contents of the appendix is contained both in the petition and near the start of each volume):

Appendix Vol 1          Appendix Vol 2          Appendix Vol 3          Appendix Vol 4

Appendix Vol 5          Appendix Vol 6          Appendix Vol 7          Appendix Vol 8

Appendix Vol 9
          Appendix Vol 10        Appendix Vol 11        Appendix Vol 12

Appendix Vol 13        Appendix Vol 14        Appendix Vol 15        Appendix Vol 16

Appendix Vol 17

The Commission's reply to respondent's petition for review, and brief in support, which were filed in the Michigan Supreme Court, may be accessed by clicking here.


 Complaint No. 101, Hon. Kahlilia Y. Davis, 36th District Court

 The complaint may be accessed by clicking here.

The petition to the Michigan Supreme Court to appoint a Master for the hearing on the complaint may be accessed by clicking here.

Respondent's answer to the complaint, including affirmative defenses, may be accessed here.

The Michigan Supreme Court has issued an interim suspension of Judge Davis, with pay. The Supreme Court order may be accessed by clicking here.


Complaint No. 102, Hon. Bruce U. Morrow, 3rd Circuit Court
 

 The complaint may be accessed by clicking here.

The petition to the Michigan Supreme Court to appoint a Master for the hearing on the complaint may be accessed by clicking here.

Respondent's answer to the complaint may be accessed by clicking here.

The Michigan Supreme Court has appointed Hon. Betty Widgeon as Master to preside over the formal hearing. The order may be accessed by clicking here.


 Commission Recommendations
Pending Before the Michigan Supreme Court

(The Commission's Decisions and Recommendations in the respective cases may be accessed above.)

FC 100 as to Hon. Byron Konschuh is currently pending before the Michigan Supreme Court. The Commission filed its Decision and Recommendation with the Michigan Supreme Court on August 5, 2020, and respondent filed a petition objecting to the recommendation on September 2, 2020. The Commission filed a reply and supporting brief on September 23, 2020. Those documents can be accessed above.