Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Smart Summary

Summary of Opinion: In re O'BRIEN, Docket No. 79075 (Mich. Apr. 29, 1988)

Factual and Procedural Background

John J. O'Brien served as judge of the Oakland Probate Court beginning January 1, 1975. In June 1986 the Judicial Tenure Commission filed a formal complaint (Formal Complaint No. 37) alleging violations of federal law, misconduct in office, conduct clearly prejudicial to the administration of justice, and violations of canons of the Code of Judicial Conduct. The commission accused O'Brien of making false representations on loan and credit applications between 1980 and 1984 and of writing checks while knowing he lacked sufficient funds.

This Court appointed a master to preside over hearings on the complaint; the master submitted a report in February 1987. The commission modified the master's findings and, in June 1987, recommended discipline that included suspension without pay for three years (with conditions for earlier termination upon restitution), payment of costs, and financial monitoring upon reinstatement. O'Brien petitioned the Court to reject the commission's findings and recommendations.

Meanwhile, a federal grand jury returned an indictment in June 1987 charging O'Brien with three counts under 18 U.S.C. § 1014; after a nonjury trial he was convicted of two counts on January 14, 1988. Following the convictions, the commission filed a superseding recommendation that O'Brien be removed from office. O'Brien then dropped his opposition to the commission's recommendations and tendered his resignation effective May 2, 1988. By order dated July 21, 1987, this Court had previously suspended respondent pending the matter.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
In re Del Rio, 400 Mich. 665; 256 N.W.2d 727 (1977) Stating that the Court's review of the record in a Judicial Tenure Commission case is de novo. The Court invoked the de novo standard but explained that detailed discussion of the commission's determination of misconduct was unnecessary because respondent did not challenge the fact of his federal convictions.

Court's Reasoning and Analysis

The Court summarized the procedural history: the commission's formal complaint, the master's hearings and report, the commission's modification of the master's findings, and the initial recommendation of suspension with specified conditions. The Court noted that respondent petitioned to reject the commission's recommendations.

The Court then recounted intervening federal criminal proceedings: a June 1987 indictment under 18 U.S.C. § 1014 and respondent's conviction on two counts following a nonjury trial on January 14, 1988. After those convictions, the commission filed a superseding recommendation seeking removal.

The Court stated its review of Judicial Tenure Commission records is de novo (citing In re Del Rio), but indicated that, under the circumstances, detailed discussion of the commission's misconduct findings was unnecessary because respondent did not challenge the fact of his convictions. On that basis the Court proceeded to act on the commission's recommendation for removal.

The Court invoked its authority under Article 6, § 30 of the Michigan Constitution of 1963 and MCR 9.225 to order removal, and directed the clerk to issue the judgment order forthwith pursuant to MCR 7.317(C)(3).

Holding and Implications

Respondent John J. O'Brien is removed from the office of probate judge for the County of Oakland effective May 2, 1988.

Implications:

  • The direct effect is removal from judicial office effective May 2, 1988.
  • The Court directed the clerk to issue the judgment order immediately pursuant to MCR 7.317(C)(3).
  • The opinion does not discuss broader legal or precedential implications beyond the Court's action in this case.

In re O'BRIEN

PER CURIAM.

Respondent John J. O'Brien has served since January 1, 1975 as a judge of the Oakland Probate Court. The Judicial Tenure Commission has recommended that he be removed from office. We accept the recommendation and so order.

By order dated July 21, 1987, this Court suspended respondent, pending the outcome of this matter.

I

The Judicial Tenure Commission filed a formal complaint against respondent in June 1986, alleging violations of federal law, misconduct in office, conduct clearly prejudicial to the administration of justice, and violations of several canons of the Code of Judicial Conduct. The commission accused respondent of making false representations in a series of applications for loans and credit extensions between 1980 and 1984, and of writing numerous checks knowing that he had insufficient funds to cover them.

This Court appointed a master to preside over hearings with regard to Formal Complaint No. 37. The master submitted his report in February 1987. The commission subsequently modified the master's findings of fact and conclusions of law, and recommended to this Court in June 1987 the following discipline:

The commission found three allegations of misconduct to be proven by a preponderance of the evidence: (1) the respondent's repeated failure to disclose existing debts on loan applications; (2) the respondent's writing of several personal checks knowing that he had insufficient funds to cover them; and (3) the respondent's improper assertion of the Fifth Amendment privilege against coerced self-incrimination at the hearing before the master.

(1) That Respondent be suspended without pay and without all benefits for a period of three years;
(2) That during this period if Respondent makes full restitution of his indebtedness outstanding at bankruptcy to the banks and credit unions and presents proof of that fact, then his suspension shall be terminated, but in no event shall his suspension from office be for less than a six month period;
(3) That prior to reinstatement, Respondent be required to pay costs incurred by the Commission in the furtherance of this action; and
(4) That upon reinstatement, Respondent's financial affairs be monitored by a Certified Public Account [sic] selected by the Commission and paid for by the Respondent for a period to be determined by the Commission.

Respondent petitioned this Court to reject the commission's findings of misconduct and recommendation of discipline.

In the meantime, a grand jury of the United States District Court for the Eastern District of Michigan returned an indictment against respondent in June 1987, charging three counts of making false credit applications. 18 U.S.C. § 1014. On January 14, 1988, following a nonjury trial, respondent was convicted of two counts.

Following respondent's convictions, the commission filed with this Court a superseding recommendation that he be removed from office. Respondent again petitioned this Court to reject the recommendation of discipline. However, on April 22, 1988, respondent dropped his opposition to the commission's original and superseding recommendations and tendered his resignation effective May 2, 1988.

II

Our review of the record in a Judicial Tenure Commission case is de novo. In re Del Rio, 400 Mich. 665; 256 N.W.2d 727 (1977). Under the circumstances, however, it is not necessary to discuss in detail the commission's determination of misconduct. The respondent does not challenge the fact of his convictions.

Accordingly, on order of the Court, under authority of Article 6, § 30 of the Constitution of 1963, and pursuant to MCR 9.225, respondent, John J. O'Brien, is hereby removed from the office of probate judge for the County of Oakland effective May 2, 1988.

Pursuant to MCR 7.317(C)(3), we direct the clerk to issue the judgment order forthwith.

Use AI to get other relevant cases.

Comments

IN RE O'BRIEN
(Apr 29, 1988)