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No. 133929
| In the Matter of: |
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Philip J. Thomas |
The Honorable Beverley Nettles-Nickerson, |
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| Judge, 30th Circuit Court, |
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| Before the Judicial Tenure Commission. |
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Paul J. Fischer |
| __________________________________________ |
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Click to view briefs in Adobe format:
Petition and Brief on Behalf of Hon. Beverley Nettles-Nickerson Opposing the Judicial
Tenure Commission's Decision and Recommendation for Order of Discipline>>
Judicial Tenure Commission's Brief in Support of the Commission's Decision and Recommendation for Order of Discipline>>
Reply to Brief in Support of the Commission's Decision and Recommendation
For Order of Discipline>>
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Association of Black Judges of Michigan's Amicus Curiae Brief>>
Michigan Civil Rights Commission and Michigan Department of Civil Rights' Amici Curiae Brief>>
Wolverine Bar Association's Amicus Curiae Brief>>
Background
Judge Beverley Nettles-Nickerson is a judge of the Ingham County Circuit Court. On May 16, 2007, the Judicial Tenure Commission filed a ten-count complaint charging the judge with misconduct on and off the bench. The counts included allegations that the judge committed perjury in filing a divorce complaint in Kent County when, the JTC alleges, she and her then-husband were living in Ingham County. The JTC also charges that the judge was excessively tardy or absent, fabricated an e-mail regarding her vacation, recklessly flaunted her judicial office, and acted improperly in a probation-discharge request involving a court employee’s boyfriend. The judge also violated judicial ethics rules by pressuring court employees to place cases on a “no progress” docket and made unsubstantiated claims of racism against her court’s chief judge, the JTC charges. The judge denies these allegations, arguing in part that she is being subjected to disparate treatment because of her race and because she complained of racism to the Michigan Civil Rights Commission; in her defenses to the JTC action, she claims abridgement of her First Amendment rights, violation of Elliott-Larsen Civil Rights Act, and race discrimination. After the JTC filed its complaint, it also asked the Michigan Supreme Court to temporarily suspend the judge from the bench, which the Court did on June 6, 2007.
In a February 12, 2008 report, a special master found that seven of the ten JTC counts were supported by the evidence. A majority of the Judicial Tenure Commission board adopted his findings as to six counts; the JTC recommended that the judge be removed from office and pay over $128,000 in costs. The majority also recommended that the judge – who faces re-election in November 2008 – “be suspended without pay, conditionally, for a period of six years commencing on January 1, 2009….” The judge opposes the JTC’s recommendations.
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