Order Michigan Supreme Court
Lansing, Michigan
January 27, 2010 Marilyn Kelly,
Chief Justice
140203 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
In re: Robert P. Young, Jr.
Stephen J. Markman
HON. CHARLES C. NEBEL, Diane M. Hathaway,
Justices
Probate Judge, Alger County & Schoolcraft SC: 140203
County RFI No. 2009-18331
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On order of the Court, the Judicial Tenure Commission has issued a Decision and
Recommendation for Discipline, and the Honorable Charles C. Nebel has consented to
the Commission’s findings of fact, conclusions of law, and recommendation of a public
censure and a 90-day suspension without pay.
As we conduct our de novo review of this matter, we are mindful of the standards
set forth in In re Brown, 461 Mich 1291, 1292-1293 (2000):
[E]verything else being equal:
(1) misconduct that is part of a pattern or practice is more serious than
an isolated instance of misconduct;
(2) misconduct on the bench is usually more serious than the same
misconduct off the bench;
(3) misconduct that is prejudicial to the actual administration of justice
is more serious than misconduct that is prejudicial only to the appearance of
propriety;
(4) misconduct that does not implicate the actual administration of
justice, or its appearance of impropriety, is less serious than misconduct
that does;
(5) misconduct that occurs spontaneously is less serious than
misconduct that is premeditated or deliberated;
(6) misconduct that undermines the ability of the justice system to
discover the truth of what occurred in a legal controversy, or to reach the
most just result in such a case, is more serious than misconduct that merely
delays such discovery;
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(7) misconduct that involves the unequal application of justice on the
basis of such considerations as race, color, ethnic background, gender, or
religion are more serious than breaches of justice that do not disparage the
integrity of the system on the basis of a class of citizenship.
In this case those standards are being applied to the following findings of fact of
the Judicial Tenure Commission, which had adopted the admissions contained in the
settlement agreement, and which we adopt as our own:
On July 24, 2009, Respondent consumed at least four sixteen-ounce
glasses of beer at the Mackinac Grill in St. Ignace, Michigan, between
approximately 4:45 p.m. and 7:00 p.m. Respondent then left the Mackinac
Grill to travel to his home in Munising, Michigan. Respondent traveled
northbound on I-75, continued on M-123, and then went west on M-28.
While driving on M-28, Respondent’s speed registered on a Mackinac
County Deputy’s radar device at 105 miles per hour. Several witnesses
also reported that Respondent had passed them on M-28 traveling at speeds
around or in excess of 100 miles per hour. A Michigan State Police unit
effectuated a traffic stop of Respondent’s vehicle near the Schoolcraft
County/Alger County line at or around 9:05 p.m.
During the traffic stop Respondent acted in a confused and
disoriented manner. An odor of intoxicants emanated from his body and
his eyes were bloodshot and glassy. Respondent admitted to having
consumed “four — maybe five — Oberon draft beers.” The Michigan
State Police detained Respondent and took him to the Schoolcraft County
Jail. While in jail, Respondent took two breath tests which revealed that his
bodily alcohol content was 0.09 per 210 liters of breath.
Under MCL 257.625(1)(b), it is illegal for a person with a 0.09
blood-alcohol content to operate a motor vehicle on a highway open to the
general public. Respond[ent] was charged with a violation of MCL
257.625(1)(b) in the 93rd District Court. On September 9, 2009,
Respondent pled guilty to a lesser charge of operating a motor vehicle
while impaired, in contravention of MCL 257.625(3).
The standards set forth in Brown are also being applied to the following
conclusions of the Judicial Tenure Commission, which we adopt as our own:
The facts established by the parties’ stipulation in this matter show,
by a preponderance of the evidence, that Respondent breached the
standards of judicial conduct in the following ways:
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(a) Failure to establish, maintain, enforce and personally observe
high standards of conduct so that the integrity and independence of the
judiciary may be preserved, in violation of Canon 1 of the Michigan Code
of Judicial Conduct (“MCJC”);
(b) Irresponsible or improper conduct which erodes public
confidence in the judiciary, in violation of MJCJ, Canon 2A;
(c) Conduct involving the appearance of impropriety, in violation of
MJCJ, Canon 2A;
(d) Failure to conduct oneself at all times in a manner which would
enhance the public’s confidence in the integrity of the judiciary, contrary to
MJCJ, Canon 2B; and
(e) Conduct which exposes the legal profession or the courts to
obloquy, contempt, censure, or reproach in violation of MCR 9.104(A)(2).
Respondent has pleaded guilty to the commission of a misdemeanor
designed to promote public safety. The commission of a crime by a judge
erodes public confidence in the judiciary, which is prejudicial to the
administration of justice.
After review of the recommendation of the Judicial Tenure Commission, the
settlement agreement, the standards set forth in Brown, and the above findings and
conclusions, we ORDER that the Honorable Charles C. Nebel be publicly censured and
suspended without pay for 90 days, effective 21 days from the date of this order. This
order stands as our public censure.
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.
January 27, 2010 _________________________________________
0120 Clerk