Order Michigan Supreme Court
Lansing, Michigan
March 11, 2010 Marilyn Kelly,
Chief Justice
139830 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
In re: Stephen J. Markman
Diane M. Hathaway,
Justices
Recommendation of Judicial Tenure Commission SC: 139830
RFI Nos. 2008-17594
2008-17657
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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, stating
the substance of the allegations contained in the request for investigation that was
dismissed as part of the settlement agreement, and how that matter and the cases
referenced in paragraphs 14a-14dd of the settlement agreement were brought to the
attention of the Judicial Tenure Commission. The supplemental report shall also address
with respect to each case referenced in the settlement agreement whether the parties or
their attorneys were contemporaneously notified of the dismissal of the case and, if so,
did they complain? If they did not complain, did respondent prevent them from doing
so? The supplemental report shall also address whether any dismissal or action by
respondent subordinated the substantive legal merits of any case to respondent’s
determination to mislead the State Court Administrative Office.
We retain jurisdiction.
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 11, 2010 _________________________________________
0303 Clerk