Order Michigan Supreme Court
Lansing, Michigan
March 12, 2010 Marilyn Kelly,
Chief Justice
139546 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
In re: Stephen J. Markman
Diane M. Hathaway,
HON. BENJAMIN H. LOGAN, II SC: 139546 Justices
Judge, 61st District Court. JTC: Formal Complaint No. 85
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On order of the Court, the Judicial Tenure Commission Decision and
Recommendation is considered. Pursuant to MCR 9.225, we REMAND this matter to
the Judicial Tenure Commission for further explication. We DIRECT the Judicial Tenure
Commission to file a supplemental report within 56 days of the date of this order,
explaining: (1) whether it has determined that the respondent did not lie to the
Commission, despite the allegations in Count II of the complaint; and (2) if the
respondent did not lie to the JTC, then how does the respondent explain his admitted 15-
minute phone call received from Mayhue in light of his multiple denials of having any
conversations with Mayhue on the date in question? See page 4 of the settlement
agreement (admitting that the 2:08 p.m. phone call from Mayhue to the respondent on
6/17/08 lasted approximately 15 minutes), pages 5-6 of the complaint (alleging that the
respondent denied having any conversations with Mayhue on that date), and page 2 of the
respondent’s answer (continuing to deny that he had any conversation with Mayhue on
that date).
We retain jurisdiction.
KELLY, C.J., and CAVANAGH, J., would adopt the recommendation of the Judicial
Tenure Commission.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 12, 2010 _________________________________________
p0309 Clerk