Order Michigan Supreme Court
Lansing, Michigan
April 20, 2006 Clifford W. Taylor,
Chief Justice
128843 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
In re: Robert P. Young, Jr.
Stephen J. Markman,
Justices
The Honorable David Martin Bradfield
Judge, 36th District Court SC: 128843
Detroit, MI 48226 JTC: Formal Complaint No. 79
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On order of the Court, the briefs and oral argument of the parties having been
considered by the Court, and it appearing that the Judicial Tenure Commission has
established grounds to suspend respondent without pay, the Court on its own motion
ORDERS that the respondent judge is suspended, without pay, from his position as judge
of the 36th District Court, effective Friday, April 21, 2006 at 5:00 p.m., and that he
thereafter refrain from acting as a judge until further order of this Court.
Apart from the question of the appropriate sanction that should be imposed on
respondent for the misconduct detailed in the Judicial Tenure Commission’s December
12, 2005 recommendation for order of discipline, it also appears from the record before
this Court that a serious question as to the respondent’s fitness to serve as a judge has
been raised.
It is further ORDERED that this matter is REMANDED to the Judicial Tenure
Commission to determine the respondent’s fitness to serve as a judge. The Judicial
Tenure Commission is directed to schedule an independent medical examination for
respondent with a psychiatrist of the Commission’s choice. The independent medical
examiner shall conduct such examinations of respondent as the independent medical
examiner deems appropriate in light of the facts found in the Commission’s December
12, 2005 decision and recommendation and as set forth in the prior Judicial Tenure
Commission findings involving respondent set forth in In re Bradfield, 448 Mich 1229
(1995), and In re Bradfield, 465 Mich 1308 (2002). The independent medical examiner
shall determine, in light of the Canons of Judicial Conduct and respondent’s misconduct
reflected in the current and previous Judicial Tenure adjudications involving respondent,
whether respondent lacks the requisite fitness to serve as a judge. The respondent will
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cooperate with the independent medical examiner and provide such information as the
independent medical examiner shall reasonably request. The independent medical
examiner shall provide any diagnosis or other explanation concerning respondent’s
pattern of misbehavior that the independent medical examiner thinks relevant, including
any recommendations the independent medical examiner believes that the Court ought
consider to ensure that respondent, if returned to office, will be better able to manage his
responsibilities in a fashion consistent with his ethical duties as a judge. The independent
medical examiner shall report his or her conclusions and recommendations to the
Commission no later than June 30, 2006. A copy of the independent medical examiner’s
report shall be provided to respondent, who shall have an opportunity to comment
thereon no later than July 31, 2006.
It is further ORDERED that the Judicial Tenure Commission shall, on receipt
thereof, immediately forward under seal a copy of the independent medical examiner’s
report to the Clerk of this Court. If, based on the independent medical examiner’s report
or respondent’s failure to cooperate, the Judicial Tenure Commission desires to amend in
any way its December 12, 2005 recommendation to this Court, it is directed to make such
further recommendation to this Court no later than September 15, 2006. If the Judicial
Tenure Commission makes such further recommendation, respondent may file a brief in
this Court no later than October 7, 2006. The Judicial Tenure Commission may file a
brief in response no later than October 28, 2006.
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.
April 20, 2006 _________________________________________
t0419 Clerk