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No. 124477
In the Matter of: |
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| The Honorable JAMES P. NOECKER, |
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Peter D. Houk (517) 482-5800 |
| Judge 45th Circuit Court |
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Brian P. Morley |
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Before the Judicial Tenure Commission |
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Paul J. Fischer (313) 875-5110 |
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Click to view briefs in Adobe format:
Judicial Tenure Commission Recommendation>>
Examiner's Brief in Support>>
Respondent James P. Noecker's Petition>>
Respondent James P. Noecker's Brief in Support of Petition>>
Background
Judge James P. Noecker is a judge of the 45 th Circuit Court in St. Joseph County . At approximately 5:20 p.m. on March 12, 2003 , he drove into the parking lot of the Klinger Lake Party Store at the northwest corner of US-12 and Klinger Lake Road , and collided with the building, causing $15,000 to $20,000 in damages. Evidence suggested that alcohol might have been involved in the accident, and the Judicial Tenure Commission (JTC) opened an investigation. Several months later, the JTC filed a complaint against Noecker; a six-day public hearing was held in Kalamazoo in January 2004. A retired judge, appointed to serve as a master, reviewed the case, and filed a report with the JTC finding that Noecker had engaged in judicial misconduct. Based on this report, the JTC asked the Supreme Court to grant an interim suspension of Judge Noecker; the Supreme Court granted the request and the judge has been suspended with pay since June 1, 2004. On August 4, 2004 , the JTC issued its Decision and Recommendation, which asks the Supreme Court to remove Noecker from office. The JTC found that Noecker engaged in a persistent pattern of administrative failures, including the failure to render timely judicial decisions, due to a history of alcohol abuse. The JTC also found that Noecker had been drinking before the collision, and that he failed to credibly report the events of that day to the police and the JTC. Finally, the JTC recommends that the judge be ordered to reimburse the JTC in the amount of $22,572.76 for the expense of his prosecution. Noecker asks the Supreme Court to reject the JTC's findings. He argues that there was insufficient evidence to support the JTC's conclusion that 1) his abilities on the bench were affected by alcohol, 2) he consumed alcohol prior to the collision, and 3) the collision was the result of alcohol. The judge also argues that there is no statutory or constitutional basis to support the imposition of costs as the JTC has requested.
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