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Michigan Supreme Court Lansing, Michigan

Opinion
In re Honorable JAMES M. JUSTIN Judge, 12th District Court.

Chief Justice:

Justices:

Robert P. Young, Jr. Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra

FILED JANUARY 27, 2012 STATE OF MICHIGAN SUPREME COURT

No. 142076

BEFORE THE ENTIRE BENCH YOUNG, C.J. The Judicial Tenure Commission (JTC) has recommended that this Court remove respondent, 12th District Court Judge James Justin, from office for numerous instances of documented judicial misconduct. Respondent's multitudinous acts of proved misconduct sketch a common theme: respondent failed to follow the law, apparently believing that it simply did not apply to him. Instances of respondent's judicial misconduct include "fixing" (personally and surreptitiously dismissing) traffic citations issued to himself, his spouse, and his staff; preventing the transmission of or altering court information that was legally required to

have been transmitted to the Secretary of State;1 dismissing cases without conducting hearings or involving the prosecutor; failing to follow plea agreements; and making false statements under oath during the JTC hearing. In this case, respondent's fixing of traffic tickets issued to himself, his family, and staff alone warrants the most severe of sanctions. However, respondent's substantiated misconduct is much more extensive. The duration, scope, and sheer number of

respondent's substantiated acts of misconduct are without precedent in Michigan judicial disciplinary cases. Respondent's long-term pattern of judicial misconduct constitutes a negation of the proper exercise of judicial authority that more than justifies the sanction imposed. We order respondent's removal from office. Moreover, we order the JTC to submit a bill of costs, itemizing what portion of the costs may be attributed to the conduct or statements of respondent that give rise to liability for the payment of "costs, fees, and expenses incurred by the [JTC] in prosecuting the complaint . . . ." MCR 9.205(B). I On November 12, 2010, the JTC filed Formal Complaint No. 87 against Judge Justin,2 alleging that he had committed judicial misconduct in violation of Const 1963, art
1

Pursuant to MCL 257.732, courts are required to forward an "abstract," or synopsis, of a person's court record to the Secretary of State for violations of the Michigan Vehicle Code, MCL 257.1 et seq., specified statutory violations, and corresponding local ordinance violations. "The failure, refusal, or neglect of a person to comply with" the requirements of MCL 257.732 "constitutes misconduct in office and is grounds for removal from office." MCL 257.732(14).
2

An amended formal complaint was filed on January 24, 2011.

2

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Michigan Law