NCJ Number
53800
Journal
Chicago-Kent Law Review Volume: 54 Issue: 1 Dated: (1977) Pages: 117-136
Date Published
1977
Length
20 pages
Annotation
THE UNITARY SYSTEM OF JUDICIAL DISCIPLINE IN MICHIGAN, DESIGNED TO OPERATE WITHIN THE STATE'S REGULAR COURT SYSTEM, IS DESCRIBED AND COMPARED WITH THE TWO-TIER APPROACH ADOPTED BY ILLINOIS.
Abstract
THE UNITARY SYSTEM CONSISTS OF A BOARD OR COMMISSION THAT CARRIES OUT THE COMBINED FUNCTIONS OF INVESTIGATION, CHARGING, AND HEARING. COMMISSION FINDINGS ARE THEN PASSED ON TO THE STATE SUPREME COURT FOR FINAL DISPOSITION AND DISCIPLINARY ACTION IF NECESSARY. THE TWO-TIER ADMINISTRATIVE SCHEME IN ILLINOIS OPERATES INDEPENDENTLY FROM THE STATE JUDICIAL SYSTEM AND CONSISTS OF TWO BOARDS. ONE BOARD INVESTIGATES AND CHARGES, AND THE OTHER BOARD MAKES FACTUAL AND LEGAL FINDINGS IN AN ADJUDICATORY ROLE AND DETERMINES THE FINAL DISPOSITION. IN ORDER TO ATTAIN THE GOALS OF A COMPETENT JUDICIARY AND PUBLIC CONFIDENCE IN THE JUDICIARY, THE DISCIPLINARY STRUCTURE MUST PERFORM ITS FUNCTIONS EFFECTIVELY. SUCH EFFECTIVENESS MUST BE BASED ON CONSCIENTIOUS COMMISSION MEMBERS AND STAFF, PUBLIC AWARENESS OF THE DISCIPLINARY AGENCY, EASY ACCESS TO THE DISCIPLINE BOARD COUPLED WITH THE EXPEDITIOUS PROCESSING OF GRIEVANCES, AND INVESTIGATORY CONFIDENTIALITY. THE MICHIGAN JUDICIAL TENURE COMMISSION HAS JURISDICTION OVER ALL JUDGES, MAGISTRATES, AND REFEREES SERVING IN THE STATE'S JUDICIAL SYSTEM. ONCE A GRIEVANCE IS FILED OR ONE OF ANY OTHER TRIGGERING MECHANISMS OCCURS, A PRELIMINARY INVESTIGATION IS INITIATED, AND COMMISSION STAFF PREPARE A WRITTEN REPORT FOLLOWING THE PRELIMINARY INVESTIGATION. THE HEARING IS PUBLIC, WHETHER CONDUCTED BEFORE A MASTER OR THE COMMISSION. THE TWO MAJOR DIFFERENCES INHERENT IN THE STRUCTURAL FRAMEWORK AND PHILOSOPHY OF THE TWO-TIER SYSTEM THAT DISTINGUISH IT FROM THE UNITARY SYSTEM ARE: (1) SEGREGATION OF THE JUDICIAL DISCIPLINE PROCESS FROM THE STATE COURT SYSTEM, AND (2) SEPARATION OF THE BOARDS FROM EACH OTHER. THE HANDLING OF PRIVATE REPRIMANDS AND THE PROCEDURAL SANCTION OF INTERIM SUSPENSION IN BOTH SYSTEMS IS DISCUSSED. CASE LAW IS REVIEWED. (DEP)