Del Rio, Matter of
| Decision Date | 29 July 1977 |
| Docket Number | No. 58716,58716 |
| Citation | 256 N.W.2d 727,400 Mich. 665 |
| Parties | In the Matter of Hon. James DEL RIO, Judge, Recorder's Court, City of Detroit. 400 Mich. 665, 256 N.W.2d 727 |
| Court | Michigan Supreme Court |
S. Allen Early, Charles S. Brown, Detroit, for appellant.
Brian J. McMahon, Executive Director and Gen. Counsel, Detroit, for respondent.
Joseph F. Regnier, for Judicial Tenure Commission.
The Judicial Tenure Commission 1 (hereinafter the Commission) has recommended that this Court remove from judicial office the Honorable James Del Rio, Detroit Recorder's Court Judge, and permanently enjoin him from holding any judicial office in the future. Pursuant to GCR 1963, 932.24, the respondent petitioned this Court to reject or modify the Commission's recommendation. We have reviewed the record de novo. 2 We deny the Commission's recommendation that Judge Del Rio be permanently removed from office, but we conclude that he should be suspended from office for a period of five years without salary. 3 This order shall apply regardless of respondent's possible intervening reelection to office or election to any other state court. 4
I. Was the respondent denied due process and thus irreparably injured by the Judicial Tenure Commission's public announcement, pursuant to GCR 1963, 932.22, that the respondent was under investigation even though no formal complaint had been filed?
II. Was the respondent denied liberty and property without due process of law when this Court ordered, pursuant to GCR 1963, 932.20, his interim suspension with salary pending the outcome of the Judicial Tenure Commission's investigation of him?
III. Were the respondent's due process rights violated because he was substantially denied pre-complaint, prehearing and hearing discovery?
IV. Do the combined investigative, adjudicative and disciplinary roles of the Judicial Tenure Commission violate the respondent's constitutional right to due process?
V. Does a de novo review of the record support the Judicial Tenure Commission's recommendation that the respondent be disciplined for "misconduct in office" or "conduct clearly prejudicial to the administration of justice"?
The respondent, Judge James Del Rio, was elected to the office of Judge of the Detroit Recorder's Court in November, 1972, and took office on January 1, 1973. His term of office expires on January 1, 1979.
On February 25, 1976, the Judicial Tenure Commission sent Judge Del Rio a "15-day letter", as required by GCR 1963, 932.7(b), outlining numerous allegations of judicial misconduct. The Commission requested that Judge Del Rio respond within fifteen days.
On March 10, 1976, Judge Del Rio's attorney wrote to the Commission requesting an extension of time to April 12, 1976, within which to reply to the Commission's letter of February 25, 1976.
On March 10, 1976, the Commission extended the time for Judge Del Rio's response until the close of business on April 5, 1976.
On March 30, 1976, a letter signed by three attorneys representing Judge Del Rio requested an additional but unspecified extension of time for response.
On April 1, 1976, the Commission extended the time for Judge Del Rio's response until 12 o'clock noon on April 12, 1976, per the respondent's original request.
On April 9, 1976, Judge Del Rio filed a "John Doe" complaint in this Court for an order of superintending control seeking, inter alia, a more specific statement of the allegations of judicial misconduct, an extension of time to present his response and suppression of the file.
On April 16, 1976, the Commission filed its response in this Court to the "John Doe" complaint filed by Judge Del Rio. On the same day respondent also filed a supplemental brief in support of his complaint for superintending control.
Meanwhile, on April 15, 1976, this Court issued an order granting immediate consideration of respondent's motion for superintending control and denied it for lack of merit. A motion to suppress the file was also considered and granted as to the Exhibits A-G.
Later the same day the foregoing order was vacated by this Court. Instead, on April 20, 1976, this Court issued another order. That order granted the motion for immediate consideration; extended respondent's time for filing a response under GCR 1963, 932.7(b), until 4:30 p.m., July 1, 1976; ordered the Commission to state with more specificity the charges contained in paragraphs 15, 16 and 17 of the 15-day letter of February 25, 1976; and ordered the Commission to make available to respondent any Recorder's Court transcript already prepared and within the Commission's possession.
Pursuant to the Supreme Court's order of April 20, 1976, the Commission, on April 30, 1976, sent a letter to respondent which more specifically set forth the nature of the allegations in paragraphs 15, 16 and 17 of the original 15-day letter. That response included numerous exhibits consisting of letters, transcripts, affidavits, testimonials and other materials.
Thereafter, on July 30, 1976, the Commission filed its Formal Complaint No. 18 against respondent incorporating, with few exceptions, the charges set forth in its letter of February 25, 1976.
On August 2, 1976, the Commission petitioned this Court for the interim suspension of Judge Del Rio pursuant to GCR 1963, 932.20.
On August 10, 1976, respondent's attorneys filed his response in this Court to the Commission's petition for interim suspension. That response included a thirty page brief addressing the substance of Formal Complaint No. 18 as well as the question of whether due process would be denied by interim suspension.
Also on August 10, 1976, respondent field an "omnibus motion" in the Supreme Court seeking a preliminary hearing, an evidentiary hearing or a dismissal as well as certain other relief.
On August 17, 1976, respondent filed an answer, affirmative and special defenses with the Commission.
On August 20, 1976, the Commission petitioned this Court for the appointment of a Master to conduct hearings in the matter of Formal Complaint No. 18 pursuant to GCR 1963, 932.10(b).
On the same date the Commission also filed its response to Judge Del Rio's omnibus motion.
On August 30, 1976, this Court acted on the Commission's request for the appointment of a Master by designating Timothy C. Quinn, Judge of the Court of Appeals, as Master to consider Formal Complaint No. 18.
On September 7, 1976, a prehearing conference was held in Lansing. That meeting was attended by the Master, the Executive Director and General Counsel of the Judicial Tenure Commission, the Commission's Special Examiner, and the attorneys representing Judge Del Rio.
Following this prehearing conference, Judge Quinn issued an order stating that all motions should be made before September 14, 1976, and responses thereto should be made before September 17, 1976. A hearing on all motions was scheduled for September 21, 1976, and the hearing on Formal Complaint No. 18 was scheduled to begin on September 28, 1976.
On September 7, 1976, this Court also ordered Judge Del Rio to refrain from acting as a judge pending final adjudication of Formal Complaint No. 18. This Court further denied the "omnibus motion" and denied the motion to dismiss without prejudice to the raising of appropriate prehearing motions before the Master.
On September 14, 1976, Judge Del Rio filed a motion with the Master for an omnibus prehearing conference and also filed an omnibus motion for a preliminary hearing and certain other relief identical to that requested in this Court on August 10, 1976.
Also, on September 14, 1976, respondent filed a motion to correct omissions and supplement the record to include as a part of the answer to Formal Complaint No. 18 materials which had theretofore been filed in response to the "15-day letter" of February 25, 1976.
On September 14, 1976, one of Judge Del Rio's attorneys requested an adjournment of the Formal Complaint hearing scheduled to begin on September 28, 1976, on the grounds that he expected to be in trial on that date.
On September 14, 1976, the Commission filed its response in opposition to the motion to adjourn the hearing.
On September 17, 1976, the Commission filed its response to Judge Del Rio's omnibus motion.
On September 20, 1976, Judge Del Rio's attorneys filed a motion in this Court for rehearing on the interim suspension together with a brief in support thereof.
On September 21, 1976, a hearing was held before Judge Quinn to consider all pending motions in the matter of Formal Complaint No. 18. Subsequently an order was entered by Judge Quinn denying all motions theretofore filed.
On September 24, 1976, the Commission filed its response in this Court to Judge Del Rio's motion for rehearing of the interim suspension.
On September 27, 1976, Judge Del Rio once again filed a complaint for superintending control and a motion for immediate consideration in this Court with particular reference to Judge Quinn's order denying respondent's motion for adjournment. The Commission responded to this complaint on October 1, 1976.
On September 28, 1976, the hearing on the matter of Formal Complaint No. 18 commenced before Judge Quinn. On that date, Judge Del Rio did not appear because he was "suffering from a cardiac deficiency in part and some gastric problem . . ."
The Master then proceeded to take a portion of the direct examination of the Commission's first witnesses but shortly thereafter adjourned the matter until the following day for the presentation of medical evidence concerning Judge Del Rio's condition.
On September 29, 1976, the Master heard testimony from medical witnesses for the respondent and for the Commission concerning the urological complaint of the respondent. At the close of this testimony, the Master concluded that the presence of Judge Del Rio would not be so seriously injurious to his health as to justify adjournment. Thereafter, however, the Master did...
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