Commission Jurisdiction
and Legal Authority

JURISDICTION OF THE JUDICIAL TENURE COMMISSION

The Judicial Tenure Commission is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity, and for recommending discipline of judges by the Michigan Supreme Court. Its jurisdiction includes all active judicial officers, as that term is defined in the Michigan Court Rules. The Commission has no jurisdiction over federal judges or administrative law judges such as workers’ compensation magistrates, department of corrections hearing officers, and the like.

The Commission's authority over judicial officers extends beyond the person's tenure in office if one of two requirements is met. First, if a Request for Investigation is filed while the individual holds the judicial position, the Commission retains jurisdiction even after the person leaves office. Second, if the conduct in question is related to a person's judicial office, the Commission has jurisdiction over the individual regardless of when the Request for Investigation is filed.

Judicial Misconduct
The Commission’s authority is limited to investigating alleged judicial misconduct and, if warranted, recommending the imposition of discipline by the Michigan Supreme Court.  Judicial misconduct usually involves conduct in conflict with the standards set forth in the Code of Judicial Conduct.  Examples of judicial misconduct include intemperate courtroom conduct (such as yelling, rudeness, or profanity), improper communication with only one of the parties in a case, failure to disqualify in cases in which the judge has or appears to have a financial or personal interest in the outcome, delay in performing judicial duties, and public comment about the pending case.  Judicial misconduct also may involve improper off-the-bench conduct such as driving under the influence of alcohol or even soliciting money on behalf of charitable organizations.

What the Commission Cannot Do
The Commission is not an appellate court.  The Commission cannot change a decision made by any judicial officer.  When a court makes an incorrect decision or misapplies the law, the ruling can be changed only through appeal to the appropriate reviewing court. The Commission cannot get a judge taken off a case or have a matter transferred to another judge.  The Commission cannot provide legal assistance to individuals, explain legal procedures, intervene in litigation on behalf of a party, or become otherwise involved in legal proceedings.

 

LEGAL AUTHORITY

Michigan Constitution (click on link for full text of Article 6, § 30)
The Judicial Tenure Commission was established by an amendment to the Michigan Constitution by the people of Michigan in 1968.  The Commission’s authority is set forth in Article 6, § 30 of the Michigan Constitution.

Michigan Court Rules (click on link for full text of Chapter 9.200 in PDF format)
Chapter 9.200 of the Michigan Court Rules sets forth the procedures governing the Commission, its investigations, and formal proceedings. The Michigan Supreme Court, the Commission, and the Michigan legal community participated in a review of the court rules in 2001 and 2002. The Supreme Court adopted substantive revisions in January 2003.  It also makes periodic revisions of the rules on an individual basis.

Code of Judicial Conduct (click on link for full text)
The Michigan Supreme Court adopts the Code of Judicial Conduct, and the most recent version took effect in October 1993.  From time to time, the Supreme Court effects changes in the Code, which was most recently done in June 2004.  Canon 7B was amended to prohibit candidates from "purchasing" endorsements for judicial office, and regulates the payment of the cost associated with the publication of an endorsement or ranking.  The amendment took effect January 1, 2005.