in Re Hon Bruce U Morrow ( 2012 )

Order Michigan Supreme Court
Lansing, Michigan
October 26, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
145257 Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
In re: Brian K. Zahra,
Justices
The Honorable Bruce U. Morrow SC: 145257
Judge, 3rd Circuit Court
Detroit, Michigan
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On order of the Court, the Judicial Tenure Commission having filed a Decision
and Recommendation on the basis of an agreement between the Commission and the
respondent judge, we REJECT the recommendation on the ground that the proposed
discipline is insufficient in light of the facts presented to the Court. The standards set
forth in In re Brown, 461 Mich 1291, 1292-1293 (2000), provide that misconduct on the
bench is usually more serious than the same misconduct off the bench, that deliberate
misconduct is more serious than spontaneous misconduct, that misconduct prejudicial to
the actual administration of justice is more serious than conduct that is not, and that
conduct that undermines the ability of the justice system to discover the truth of what
occurred in a legal controversy is more serious than conduct that merely delays such
discovery. Here, respondent’s actions occurred on the bench, and as found by the
Commission, were premeditated, constituted misconduct actually prejudicial to the
administration of justice, and undermined the ability of the justice system to discover the
truth of what occurred in a legal controversy.
We REMAND this matter to the Judicial Tenure Commission for further
proceedings. The Commission shall present either a new recommendation or a status
report to this Court within 42 days of the date of this order.
We retain jurisdiction.
CAVANAGH and HATHAWAY, JJ., would enter an order of public censure as
recommended by the Judicial Tenure Commission.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 26, 2012 _________________________________________
d1023 Clerk