Balogh v. Charron, 87-1910

Decision Date14 October 1988
Docket NumberNo. 87-1910,87-1910
Citation855 F.2d 356
PartiesLawrence H. BALOGH, Plaintiff-Appellant, v. Honorable Raymond CHARRON, The 26th District Court Judge, and individually, Defendant-Appellee.
CourtU.S. Court of Appeals — Sixth Circuit

Stephen J. Remski (argued), Detroit, Mich., for plaintiff-appellant.

Frank J. Kelley, Eric J. Eggan (argued), Asst. Atty. Gen., Louis J. Caruso, Sol. Gen., Lansing, Mich., for defendant-appellee.

F. Dennis Luke, City Atty., Allen Park, Mich., for Doig.

Before MERRITT and KRUPANSKY, Circuit Judges, and BROWN, Senior Circuit Judge.

MERRITT, Circuit Judge.

A discharged court officer exclusively assigned to an elected Michigan trial judge as bailiff sues the judge on the theory that his discharge for political reasons violates the First Amendment principles enunciated in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), Branti v. Finkel, 445 U.S. 507 (1980), and Avery v. Jennings, 786 F.2d 233 (6th Cir.1986). He asserts that he was discharged as the judge's court officer or bailiff because he supported the judge's opponent in a recently concluded judicial election. We agree with the decision of District Judge Avern Cohn, reported at 666 F.Supp. 987 (E.D.Mich.1987), that the bailiff to the judge, like an administrative or legislative aide to a legislator, is a confidential employee. As a judicial aide, his confidential relationship arises because he handles sensitive communications for the judge, acts as his bodyguard and may discuss and learn about the outcome of cases pending before the judge before the decision is announced to the public.

The test of confidential employment does not depend on the subjective view of the employee concerning the trust the judge reposes in him, nor does it depend on the subjective view of the judge concerning the need for intimacy or trust. It is a more objective standard. It depends on the function of the job. Judicial aides who work in chambers and are assigned to one judge as court officer, bodyguard and general assistant normally handle sensitive information about cases of a confidential nature, information which is not public information. Judges must be able to rely on the confidentiality of the relationship with such aides, just as they must rely on the confidentiality of their relationship with their private secretaries and law clerks. The need...

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20 cases
  • Mumford v. Basinski
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • March 7, 1997
    ...and further maintains a personal confidential relationship with the judge(s) which he serves. See Blair, 76 F.3d at 101; Balogh v. Charron, 855 F.2d 356 (6th Cir.1988). Moreover, the referee effectively makes policy for, or suggests policy to, the court on each occasion that he resolves a d......
  • Rutan v. Republican Party of Illinois Frech v. Rutan
    • United States
    • U.S. Supreme Court
    • June 21, 1990
    ...cert. denied, 481 U.S. 1038, 107 S.Ct. 1976, 95 L.Ed.2d 816 (1987). 16Elrod v. Burns, 427 U.S. 347, 351, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976). 17Balogh v. Charron, 855 F.2d 356 (CA6 1988). 18Abraham v. Pekarski, 537 F.Supp. 858, 865 (ED Pa.1982), aff'd in part and dism'd in part, 728 F.2d 1......
  • Birch v. Cuyahoga County Probate Court
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • December 1, 2004
    ...confidential relationship with the judge(s) which [sic] he serves. See Blair [v. Meade, 76 F.3d 97, 101 (6th Cir.1996)]; Balogh v. Charron, 855 F.2d 356 (6th Cir.1988). Moreover, the referee effectively makes policy for, or suggests policy to, the court on each occasion that he resolves a d......
  • Gregorich v. Lund, 94-2505
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • June 26, 1995
    ...his authority, and destroy close working relationships' ") (quoting Connick, 461 U.S. at 154, 103 S.Ct. at 1693-94); Balogh v. Charron, 855 F.2d 356, 356-57 (6th Cir.1988) ("Judicial aides who work in chambers and are assigned to one judge as court officer ... normally handle sensitive info......
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