In Re Trudel
In Re Trudel
Opinion 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.
Concurring Opinion
(concurring). 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.”
Reference
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