Inkster— A federal judge on Sunday rejected an attempt by suspended 22nd District Judge Sylvia James to halt a hearing set to begin Monday on charges that she violated judicial ethics by converting court funds to her personal use.
U.S. District Judge Lawrence Zatkoff denied James' request for a temporary restraining order, saying he saw no immediate reason to stop testimony and the presentation of evidence by the state's Judicial Tenure Commission to support its misconduct charges that allege James misappropriated more than $130,000 and secretly relocated court bank accounts.
The Judicial Tenure Commission hearing is set to begin 9 a.m. Monday in Redford Township's 17th District Court. The Michigan Supreme Court appointed Washtenaw County District Judge Ann Mattson to oversee the proceedings and write findings and recommendations to the high court by May 15.
James is accused of using money meant for an alternative sentencing program as her "personal slush fund," according to charges issued in October by the the commission. After serving for more than two decades as Inkster's only district judge, James was placed on administrative leave with pay in April by the state Supreme Court. The move came as state auditors arrived in Inkster to investigate complaints of financial irregularities spotted by the State Court Administrative Office.
James claimed in her complaint to the federal court that personal papers were taken without a warrant from a safe in her courthouse office. She also claims that newspaper and television stories about the hearings and the allegation against her will taint a jury pool if she should later face criminal charges on the same claims. She said more than 2,000 documents and 30 witnesses will be presented during the hearings.
"Plaintiff argues that she will suffer irreparable injury due to the continued violation of her constitutional rights, and thus the loss of a fair and unbiased jury pool through further disclosure of the contents of her personal records," Zatkoff wrote in Sunday's ruling.
Zatkoff noted that no criminal charges have been filed and there is no indication that they will be. He said he sees nothing improper about a search of documents left in the courthouse safe by court staff.
Zatkoff wrote that the public has a right to know about the charges and an interest in ensuring that judges are held to ethical standards established by the Michigan Supreme Court.
"Here the public has a strong interest in discovering whether plaintiff was involved in financial improprieties in her capacity as Chief Judge at the district court," Zatkoff wrote.
However, Zatkoff said he will listen to arguments in his Port Huron courtroom on Jan. 31 over James' complaint that her rights have been violated by the commission established to oversee judges. She also names in her complaint Mayor Hilliard Hampton; the state's Regional Court Administrator Deborah Green; attorney David Jones, who was hired by the Inkster City Council to look into allegations about impropriety in the local court; Paul Fischer, examiner for the Judicial Tenure Commission; and Valdemar Washington, the retired judge and former state deputy treasurer appointed to temporarily fill in for James in Inkster's court.
James accuses Hampton of defamation in her complaint, while the others participated in what she claims was an improper and wrongful investigation.
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