Order Michigan Supreme Court
Lansing, Michigan
December 8, 2008 Clifford W. Taylor,
Chief Justice
137511 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
In re: Stephen J. Markman,
Justices
HON. CATHERINE BOVE STEENLAND. SC: 137511
RFI NO. 08-17699
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The Judicial Tenure Commission has issued a Decision and Recommendation for
an Order of Discipline, to which the respondent, 39th District Court Judge Catherine Bove
Steenland, consents. It is accompanied by a Settlement Agreement, in which the
respondent waived her rights and consented to a public censure and a 90-day suspension
without pay.
In resolving this matter, we are mindful of the standards set forth in In re Brown,
461 Mich 1293 (2000):
Everything 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 the present case, those standards are being applied in the context of the
following stipulated findings of fact of the Judicial Tenure Commission, which,
following our de novo review, we adopt as our own:
1. The respondent was, at all material times, a judge of the 39th District
Court, Macomb County, Michigan.
2. As a judge, she is subject to all the duties and responsibilities imposed
on her by the Michigan Supreme Court, and is subject to the standards for
discipline set forth in MCR 9.104 and MCR 9.205.
3. On June 7, 2008, the respondent was operating a motor vehicle on North
Ogemaw Trail, a highway in Ogemaw County, Michigan, after consuming
beer.
4. As a result of the respondent’s alcohol consumption, the respondent was
intoxicated.
5. After being placed under arrest, the respondent submitted to a blood
alcohol test, which showed a result of 0.23 grams per 100 milliliters of
blood.
6. On July 17, 2008, in 82nd District Court in West Branch, Michigan, the
respondent pleaded guilty to, and was convicted of, operating a motor
vehicle while visibly impaired, contrary to MCL 257.625(3).
7. The respondent has pled 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.
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After reviewing the recommendation of the Judicial Tenure Commission, the
settlement agreement, the standards set forth in Brown, and the above findings of fact, we
accept the recommendation of the Commission and ORDER that Honorable Catherine
Bove Steenland be publicly censured and suspended without pay for 90 days, effective
December 18, 2008. 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.
December 8, 2008 _________________________________________
p1203 Clerk