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No. 137633
| In the Matter of: |
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James S. Brady |
| Hon. Steven R. Servaas, Judge, 63rd District Court |
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| Before the Judicial Tenure Commission |
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Paul J. Fischer |
| __________________________________________ |
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Click to view briefs in Adobe format:
Honorable Steven R. Servaas's Petition to Reject or Modify the Judicial Tenure Commission's
Recommendation for Order of Discipline>>
Honorable Steven R. Servaas's Brief in Support of Petition to Reject or Modify the Judicial
Tenure Commission's Recommendation for Order of Discipline>>
Judicial Tenure Commission's Brief in Support of the Commission's Decision and Recommendation
for Order of Discipline>>
Background
The Judicial Tenure Commission charges that Judge Steven R. Servaas effectively vacated his judicial office under Article 6, § 20 of the 1963 Michigan Constitution: “Whenever a justice or judge removes his domicile beyond the limits of the territory from which he was elected or appointed, he shall have vacated his office.” At a hearing before a special master, the judge acknowledged that he was elected to serve in the first division of the 63rd District, and that he began to reside in the second division of the 63rd District in 2005; he moved back to the first division in 2008. The judge contends that he is only required to live within the district where his court sits, and not within a particular division; even if in error, his interpretation of the law on that point is reasonable, especially given the lack of legal precedent, the judge argues. The JTC also alleges that the judge acted in ways that demeaned female staff, while the judge maintains that these were isolated, trivial events and that he did not mean to offend anyone. The JTC further contends that the judge “lied under oath on multiple occasions before and during these proceedings in an effort to conceal his misconduct and the circumstances regarding the location of his residence beyond the geographic limits of the territory from which he was elected.” The judge argues that the JTC denied him procedural due process and erred in finding that he gave false testimony and moved out of his election division in 2000 rather than 2005. The JTC asks the Supreme Court to remove the judge from office and to order him to pay $8,364.38 in costs. The judge, who was re-elected in November, asks the Supreme Court to reject or modify the JTC’s recommendation of discipline.
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