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Judicial Accountability in Michigan for Judges

Jun 7, 2025 | Bad Judges, Michigan News

Maintaining public trust in the judiciary is paramount to a functioning legal system. In Michigan, several mechanisms exist to ensure judicial accountability, holding judges responsible for their conduct both on and off the bench.

These safeguards are primarily governed by these guidelines below.

The Michigan Judicial Tenure Commission (JTC):

The cornerstone of judicial accountability in Michigan is the Judicial Tenure Commission, established by the Michigan Constitution (Article VI, Section 30). The JTC is an independent body tasked with investigating allegations of judicial misconduct and disability. Its powers and procedures are further defined by Michigan Court Rule 9.200 et seq. The JTC can investigate complaints filed by the public, attorneys, or initiate inquiries on its own motion.

Grounds for disciplinary action by the JTC include:

Misconduct in Office: This encompasses actions that violate the Code of Judicial Conduct or the rules governing judicial ethics.

Persistent Failure to Perform the Duties of Office: Neglecting judicial responsibilities, such as timely rulings or regular court attendance, falls under this category.

Conduct Clearly Prejudicial to the Administration of Justice: This broad category covers behavior that undermines public confidence in the integrity and impartiality of the judiciary.

Physical or Mental Disability Seriously Interfering with the Performance of Judicial Duties: When a judge’s health significantly impairs their ability to fulfill their responsibilities.

Conviction of a Felony: A criminal conviction can lead to disciplinary action.

Upon investigating a complaint, the JTC may dismiss it, issue a private admonishment, or file a formal complaint with the Michigan Supreme Court if it finds sufficient evidence of misconduct.

If a formal complaint is filed, the Supreme Court appoints a master to conduct a public hearing. The master then submits findings and recommendations to the JTC, which, in turn, makes its own recommendation to the Supreme Court.

The Michigan Supreme Court has the ultimate authority to discipline judges, with sanctions ranging from censure and reprimand to suspension and removal from office (MCL 600.225 outlines the Supreme Court’s general superintending control over all state courts).

Other Avenues for Accountability:

While the JTC is the primary body for addressing judicial misconduct, other avenues exist:

Impeachment: The Michigan Constitution (Article XI, Section 7) grants the House of Representatives the power to impeach civil officers, including judges, for corrupt conduct in office or for crimes or misdemeanors. The Senate then conducts the trial, and a two-thirds vote is required for conviction and removal.
Recall: Elected judges are subject to recall by the voters under specific conditions outlined in the Michigan Constitution (Article II, Section 9) and the Recall Act (MCL 168.951 et seq.).
Electoral Process: Voters have the opportunity to hold judges accountable at the ballot box during elections.

Code of Judicial Conduct:

The Michigan Code of Judicial Conduct, adopted by the Michigan Supreme Court, provides specific ethical guidelines for judges. It covers areas such as impartiality, diligence, avoidance of impropriety, and the proper discharge of judicial responsibilities. Violations of this Code can form the basis of a complaint to the JTC.

When facing legal challenges, particularly those involving potential judicial overreach or misconduct, it is crucial to have experienced and dedicated legal representation. Attorney Michael Komorn of Komorn Law PLLC provides an aggressive defense in courtrooms across Michigan. With a comprehensive understanding of the law and a commitment to protecting his clients’ rights, Michael Komorn is prepared to vigorously advocate on your behalf in both State and Federal courts. His experience and dedication can be invaluable in navigating complex legal situations.

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FAQs about Judicial Accountability in Michigan:

Q: Who can file a complaint against a judge in Michigan?

A: Any individual, including members of the public, attorneys, or court staff, can file a complaint with the Michigan Judicial Tenure Commission if they believe a judge has engaged in misconduct. The JTC can also initiate investigations on its own.

Q: What happens after a complaint is filed with the JTC?

A: The JTC reviews the complaint to determine if it alleges conduct that, if true, would constitute judicial misconduct or disability. If so, the JTC may conduct an investigation, which can involve interviewing witnesses, reviewing court records, and requesting information from the judge.

Q: What are the possible sanctions a judge can face in Michigan for misconduct?

A: The Michigan Supreme Court, based on recommendations from the JTC, can impose various sanctions, including private admonishment, public censure or reprimand, suspension with or without pay, and removal from office.

In the news about Judges

Komorn Law

Charged with a Crime? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Michigan Courts Contacts

Komorn Law, PLLC, led by Attorney Michael Komorn, serves clients throughout Michigan. While our office is located in Farmington Hills, Michigan (Oakland County), our extensive experience in criminal defense spans various court systems across the state, including:

District Courts
Circuit Courts
Michigan Court of Appeals
Michigan Supreme Court
Federal Court System

Michigan lawmakers want to revive “junk science” roadside drug testing

May 29, 2025 | Michigan News

The Roadside Drug Test…Again

House bills 4390 and 4391

The proposed House bills 4390 and 4391 would enable law enforcement to administer tests aimed at assessing driver impairment; however, these testing devices do not provide information regarding the level of impairment. Instead, they solely indicate the presence of specific drugs.

The legislation received unanimous approval from the Government Operations Committee on May 22, 2025.

Between 2018 and 2020, the Michigan State Police carried out two pilot programs involving roadside drug detection devices, with the latter program incurring costs of $626,000 and resulting in a notable number of inaccuracies.

The Sotoxa Mobile Test System devices utilized in the pilot programs were manufactured by Abbott and are priced at approximately $6,000 each, leaving uncertainty about which devices will be authorized if the new legislation is enacted.

The findings from the 2020 pilot program revealed that almost 11 percent of tests yielded false positives or false negatives, demonstrating a lack of alignment with the outcomes of subsequent blood tests.

Julie Rogers, D-Kalamazoo is one who sponsored HB 4391

She called the test “a complementary tool” that supports officers “when formulating reasonable suspicion or probable cause determinations.”

A good reason to keep your Medical Marijuana Membership Card

The wording in the proposed legislation allows law enforcement to make arrests based solely on the results of roadside saliva tests according to the bill analysis, but the presence of THC may linger in saliva for hours after after the high is gone studies have found.

MLive discussed the topic with drugged and drunk-driving attorney Michael Komorn, who’s been an outspoken critic of roadside saliva testing. He maintains his position.

“Don’t spit,” he said, “because the spit tests are junk science.”

Some excerpts from the introduced bill and fiscal analysis (full document links below)

(d) Except as provided in subsection (5), a person who refuses
to submit to a preliminary chemical breath analysis or a
preliminary oral fluid analysis upon a lawful request by a peace
officer is responsible for a civil infraction.

(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(9) A person’s refusal to submit to a chemical test as
provided in subsection (6) is admissible in a criminal prosecution
for a crime described in section 625c(1) only to show that a test
was offered to the defendant, but not as evidence in determining
the defendant’s innocence or guilt. The jury must be instructed
accordingly.

(i) Forward a copy of the written report of the person’s
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(ii) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(iii) Destroy the person’s driver license or permit.

Violations could be either civil infractions, misdemeanors, or felonies,
depending on the circumstances. The majority of revenue received from payment of fines for civil infractions would increase funding for public and county law libraries.

Komorn Law

Charged Driving High? – Better Call Komorn

248-357-2550

Past Articles

Another way to get DNA?

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Telephone Number: (248) 858-0344
Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Telephone Number: (586) 469-5150
Address: 40 N. Main Street, Mt. Clemens, MI 48043
Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

Telephone Number (Civil/Family): (313) 224-5510
Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Telephone Number: (616) 632-5220
Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Telephone Number: (231) 922-4701
Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Telephone Number: (734) 240-7020
Address: 106 E First Street, Monroe, MI 48161
Website: Monroe County 38th Circuit Court

Michigan Probationers Allowed Medical Marijuana

Feb 27, 2025 | Michigan Laws, Michigan News

Yea. We did that…

What it is supposed to be

On February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA). This ruling underscores the legal protections afforded to medical marijuana patients and clarifies the boundaries of judicial authority concerning probation conditions.

Background of the MMMA

The journey began in 2008 when Michigan voters approved Proposal 1, known as the Michigan Compassionate Care Initiative, with a 63% majority. This initiative legalized the medical use of marijuana for patients with specific debilitating conditions, allowing them to possess up to 2.5 ounces of usable marijuana and cultivate up to 12 plants. The law aimed to provide relief to patients suffering from chronic illnesses by permitting the medical use of cannabis upon a physician’s recommendation.

The Case of Michael Thue

The case that ultimately shaped the 2021 ruling centered around Michael Thue, a registered medical marijuana patient who faced charges of assault and battery stemming from a road rage incident, to which he later entered a guilty plea.

During the sentencing phase, the judge set a probation condition that strictly forbade Thue from using marijuana, even for medical reasons.

Thue hired Komorn Law to contest this condition, arguing that it violated his rights under the MMMA, which protects registered patients from penalties related to their medical use of marijuana.

Legal Battle and Advocacy

Thue’s legal battle was marked by persistent advocacy for the rights of medical marijuana patients.

Following the rejection of his motions by both the District Court and the Grand Traverse County Circuit Court, Thue proceeded to appeal to the Michigan Court of Appeals.

Although his probation ended during the appellate process, the Court acknowledged the wider public importance of the matter and chose to hear the case.

Court of Appeals Decision

In a unanimous decision, Judges Mark J. Cavanagh, Thomas C. Cameron, and Deborah A. Servitto ruled in favor of Thue. The Court held that imposing a probation condition barring the use of medical marijuana constitutes a penalty, which is in direct conflict with the MMMA.

The Act explicitly protects registered patients from arrest, prosecution, or any penalty for their medical use of marijuana, provided they comply with possession limits and other provisions. The Court emphasized that the MMMA supersedes conflicting statutes, thereby limiting judicial discretion in imposing such probation conditions.

If your Medical Marijuana rights have been challenged and you want to fight the orders then gather your records and call our office. It’s going to cost some money to hire us. But we fight to the bitter end. 248-357-2550

Implications of the Ruling

This landmark ruling has significant implications for medical marijuana patients on probation in Michigan. Judges can no longer enforce blanket prohibitions on the use of medical marijuana for registered patients as a condition of probation. This decision reinforces the protections enshrined in the MMMA and ensures that patients are not forced to choose between compliance with probation conditions and their medically approved treatment.

Continued Advocacy and Legal Support

The case highlights the ongoing efforts of legal advocates and organizations dedicated to protecting the rights of medical marijuana patients. Attorneys specializing in cannabis law have played a crucial role in challenging restrictive policies and ensuring that patient protections are upheld in various legal contexts. Their work continues to shape the evolving landscape of medical marijuana law in Michigan and beyond.

In summary, the Michigan Court of Appeals’ decision affirms the rights of medical marijuana patients to continue their treatment without fear of legal repercussions, even while on probation. This ruling not only upholds the intent of the MMMA but also sets a precedent for how similar cases may be handled in the future, ensuring that medical needs are not overshadowed by judicial mandates.

Your Medical Marijuana Rights Challenged?

Call Our Office
Komorn Law (248) 357-2550

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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