Public-domain · open source
OpenJurist

366 Mich. 268

114 N.W.2d 333

In Re Graham

Michigan Supreme Court

Decided April 4, 1962

Michigan Supreme Court · decided 1962-04-04

Cited by 7 later decisions — most recently May 1984

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1962-04-04

View the full empirical analysis of this case →

Souris, J.

¶1(concurring). I concur in my Brothers7 finding of facts, the conclusions reached therefrom,, and the recommendation to the legislature and to-the governor that respondent be removed from office-as provided by Const 1908, art 9, § 6. However, our constitutiorially mandated duty to exercise general superintending control over inferior courts (art 7, § 4) requires more from us. We should forthwith enter our order enjoining respondent from exercising the powers and duties of his judicial office pending the legislative and executive action recommended, or until further order of this Court.

¶2We have found that respondent’s misconduct, related to the performance of his judicial duties, was shameful, unpardonable and intolerable and for such misconduct we have recommended his removal from office. How, then, can we justify his interim exercise of judicial authority, authority which rests alone upon the public’s continuing confidence in the-moral integrity of its judgments? I cannot. Nor can I justify exposing the citizens of this State, not alone of Tuscola county, to the possibility of continuing depredations by this respondent until the-legislature and the governor are able to act.

Adams, J., did not sit.
/366/mich/268 · .json · Public domain