Order Michigan Supreme Court
Lansing, Michigan
September 22, 2006 Clifford W. Taylor,
Chief Justice
121995 (10)(12) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
In re: Robert P. Young, Jr.
Stephen J. Markman,
Justices
The Honorable GERARD TRUDEL, SC: 121995
Judge, 24th District Court JTC: Formal Complaint No. 68
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On order of the Court, the motions for appointment of a receiver and for relief
from orders are considered, and they are DENIED, because the Court is not persuaded
that it should grant the requested relief. Petitioner Judicial Tenure Commission seeks the
appointment of a receiver in its ongoing collection efforts against respondent former
judge. Petitioner requests a receivership over respondent’s real property but has not
shown that all less intrusive means, such as a creditor’s examination, were ineffective.
Reed v Reed, 265 Mich App 131, 162 (2005). Indeed, petitioner has not exhausted other
remedies to pursue payment by respondent. See Petitpren v Taylor School Dist, 104
Mich App 283, 295 (1981). Our cases note that the appointment of a receiver is a “harsh
proceeding, which should only be resorted to in extreme cases.” People v Israelite House
of David, 246 Mich 606, 618 (1929); Michigan Minerals, Inc v Williams, 306 Mich 515,
525 (1943). The appointment of a receiver at this juncture would be premature.
WEAVER, J., concurs and states as follows:
I concur in the order denying the motion for appointment of a receiver and for
relief from orders. I write separately to note that my basis for denial of petitioner’s
motion is that there is no constitutional authority to assess costs against a judge.
Subsection 2 of Const 1963, art 6, § 30 provides that “the supreme court may censure,
suspend with or without salary, retire or remove a judge . . . .” As I stated in my
concurrence in In re Noecker, 472 Mich 1, 18-19 (2005), “Nothing in this constitutional
provision gives this Court any authority to discipline the judge by assessing the judge the
costs of the Judicial Tenure Commission proceedings against him or her.”
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.
September 22, 2006 _________________________________________
t0919 Clerk