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Judicial Tenure Commission recommends removal of Wayne Circuit Judge Wade McCree

Judicial Tenure Commission recommends removal of Wayne Circuit Judge Wade McCree

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Published by Channel Seven
Judicial Tenure Commission recommends removal of Wayne Circuit Judge Wade McCree
Judicial Tenure Commission recommends removal of Wayne Circuit Judge Wade McCree

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Published by: Channel Seven on Sep 09, 2013
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09/10/2013

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STATE OF MICHIGANBEFORE THE MICHIGAN JUDICIAL TENURE COMMISSIONIN THE MATTER OF:
Hon. Wade H. McCree
Formal Complaint No. 93Wayne County Circuit CourtFrank Murphy Hall of Justice1421 St. Antoine, Room 202Detroit, Michigan 48226 __________________________/
DECISION AND RECOMMENDATION
At a session of the Michigan JudicialTenure Commission held on September 9,2013, in the City of DetroitPRESENT:Hon. Nanci J. Grant, ChairpersonHon. David H. Sawyer, Vice-ChairpersonHon. Pablo Cortes, SecretaryThomas J. Ryan, Esq. Nancy J. Diehl, Esq.Brenda L. LawrenceDavid T. Fischer Hon. Monte Burmeister Hon. Michael M. Hathaway
I. Introduction
The Judicial Tenure Commission of the State of Michigan (“Commission”)files this recommendation for action against Hon. Wade H. McCree(“Respondent”), who at all material times was a judge of the 3
rd 
Circuit Court.
 
2
 
This decision is made pursuant to the authority of the Commission under Article 6,§ 30 of the Michigan Constitution of 1963, as amended, and MCR 9.203.On or about March 12, 2013, the Commission filed Formal Complaint No.93 against Respondent, alleging improper conduct in
People v King
(Count I)
;
 false report of a felony (Count II), improper conduct in
People v Tillman
(CountIII), improper bench conduct and demeanor (Count IV), and misrepresentations(Count V).
1
On or about March 26, 2013, Respondent filed his answer to theformal complaint. Thereafter, the Michigan Supreme Court appointed Charles A. Nelson as Master. An evidentiary hearing before the Master began on May 20,2103 and concluded on May 29, 2013. The Master issued his findings of fact onJune 23, 2013.The Commission heard the oral arguments of counsel on August 5, 2013.Based on the evidence and exhibits presented at the formal hearing and thearguments of counsel, the Commission concludes that Respondent committed misconduct contrary to the Michigan Code of Judicial Misconduct. TheCommission recommends that the Michigan Supreme Court remove Respondentfrom office and conditionally suspend him, without pay, for a period of six years
1
Pursuant to MCR 9.219, Respondent has been suspended without pay sinceFebruary 8, 2013.
 
3
 
 beginning on January 1, 2015, with the suspension becoming effective only if Respondent is re-elected to judicial office on the November, 2014 ballot.
2
 
II. Standard of Proof 
 The standard of proof applicable in judicial disciplinary matters is the preponderance of the evidence standard.
 In re Ferrara
, 458 Mich 350, 360; 582 NW2d 817 (1998). The Examiner bears the burden of proving the allegations setforth in the Complaint. MCR 9.211(A). The Commission reviews the Master’sfindings de novo.
 In re Chrzanowski,
465 Mich 468, 480-481; 636 NW2d 758(2001).
III. Findings of Fact
 At all material times, Respondent was a judge of the 3
rd 
Circuit Court inDetroit, Michigan. These proceedings are based on Respondent’s maintenance of a personal and intimate relationship with Geniene Mott, a complaining witness in acase before him. Respondent’s relationship with Mott began on May 21, 2012, and lasted approximately through mid-November, 2012. Respondent did not recusehimself from the case in which Mott was the complaining witness until September 18, 2012. During his relationship with Mott, Respondent used his chambers toengage in sexual intercourse with Mott, permitted Mott to enter the courthousethrough an employee entrance without going through security, allowed Mott to
2
Respondent’s current term of office expires on December 31, 2014.

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