By Staff
DETROIT -- The Judicial Tenure Commission has instituted formal proceedings against Judge James P. Noecker of the 45th Circuit Court in Centreville.
The formal proceedings are commenced by the filing of a formal complaint in the Michigan Supreme Court.
The formal complaint alleges that Judge Noecker has a history of alcohol-related problems, that alcohol was a factor in his crashing into the Klinger Lake Trading Post on March 12, 2003, and that he made false statements to police investigating that incident as well as to various media following up on it. The issuance of a formal complaint is not a determination of judicial misconduct.
In accordance with the rules that governor Tenure Commission proceedings, a public hearing will be held in this matter.
The Tenure Commission has petitioned the Supreme Court for the appointment of a master who will preside over the hearing.
At the hearing, the parties will have an opportunity to introduce evidence and examine and cross-examine witnesses.
Following completion of the hearing, the master will provide the commission with a report containing findings of fact with respect to the allegations in the formal complaint.
The parties will have an opportunity to present their views on the report to the Tenure Commission through briefing and oral argument.
If the commission determines that the charges are proved by a preponderance of the evidence, the commission may recommend the Supreme Court publicly censure Judge James P. Noecker, suspend him or remove him from office.
A copy of the formal complaint is available for public inspection at the commission office during regular business hours.
A copy is also available by visiting the commission's Web site at jtc.courts.mi.gov.
Judge Noecker's answer to the formal complaint will also be available for public inspection when it is filed.
The Judicial Tenure Commission is an independent state commission established in 1968 by amendment to the Michigan Constitution.
The commission investigates allegations of judicial misconduct and disability, conducts hearings as appropriate and recommends sanctions to the Michigan Supreme Court.
The commission's objective is to enforce high standards of conduct for judges.
The commission is composed of nine members. Four are judges elected by their respective judicial associations, one is a judge elected by members of the State Bard of Michigan, two are attorneys elected by members of the State Bar of Michigan and two are lay persons the governor appoints.
James Mick Middaugh, Dowagiac's former state representative, chairs the commission.