An attorney representing 52-2 District Judge Dana Fortinberry said Monday he will file a response to a May 10 Michigan Judicial Tenure Commission complaint ‘within a week to 10 days.?
Tom Cranmer would comment on little else in reference to the complaint, filed last week in connection with a July 2004 letter from Fortinberry concerning former election opponent Kelley Kostin (now also a district judge) and her husband, local attorney Robert Kostin.
The commission initiated ‘formal proceedings? on May 10 after the Kostins filed a complaint last summer. The commission’s announcement said Fortinberry made ‘misrepresentations? about the Kostins in connection with the death of Robert Kostin’s former wife, thus ‘violating her judicial and professional duties.?
‘Out of respect for the process, it would be inappropriate to comment? on the allegations prior to his formal response. He preferred to compliment both judges for their professionalism in running the Clarkston district court.
‘That working relationship is critical,? Cranmer said.
The proceedings include the commission’s request for a member of the Michigan Supreme Court to serve as a ‘master? to preside at a formal hearing, after which the commission will recommend possible disciplinary action to be administered by the Supreme Court against Fortinberry.
The commission may recommend that the court publicly censure a judge, impose a term of suspension, or retire or remove the judge from office.
The letter which launched the investigation was written to Oakland County Sheriff’s Association Vice President Dave Curtis after the association endorsed Kostin rather than Magistrate Colleen Murphy, who Fortinberry endorsed in the August 2004 primary.
In addition to attacking Kostin’s qualifications to be a judge, the letter questioned circumstances of the 1989 death of Robert Kostin’s second wife, Judie.
The formal complaint said Fortinberry’s conduct, ‘if true,? constitutes 14 distinct violations of the Code of Judicial Conduct and Michigan Court Rules, including ‘misconduct in office,? ‘irresponsible or improper conduct which erodes public confidence in the judiciary,? ‘allowing family and social relationships to influence judicial conduct or judgment,? ‘failure to maintain the dignity of judicial office during a campaign? and ‘acting with reckless disregard when participating in the use of a public communication that was false.?
Last summer, Fortinberry told The Clarkston News that the letter was intended as a ‘private communication? to a personal friend.?
‘As a judge, I take very seriously my duty to do all I can to maintain the integrity of the 52-2 District Court,? Fortinberry said at the time.
The complaint alleges further malfeasance by Fortinberry in connection with comments made at a March 15, 2004 meeting of the Fraternal Order of Police, also attended by Murphy.
Comments attributed to Fortinberry accused Kelley and Robert Kostin of having an illicit relationship prior to Judie Kostin’s death and causing the coverup of a White Lake Police Department murder investigation after her death.
Those comments, ‘if true,? constitute an additional 14 violations, the complaint said.
Fortinberry defeated Kostin in 2002 for the district judge seat formerly held by Gerald McNally. Murphy fell short in the August 2004 primary, and Kostin went on to defeat challenger Larence Kozma in the November 2004 general election for the seat formerly held by Michael Batchik.
According to information from the tenure commission, proceedings for judicial discipline appear similar to a civil trial. An accused judge has 14 days to file a response to the formal complaint, then a formal hearing will be convened.
Each party will be allowed legal representation at the public hearing (with the commission appointing an ‘examiner? to present evidence of the alleged violations), and discovery rules require legal counsel to share information on evidence and witnesses expected to be presented at least 21 days before the hearing.
After the hearing, the ‘master? (either an active or retired judge) will file a report with the commission, including a statement of the proceedings and the master’s ‘findings of fact? and ‘conclusions of law? based on ‘a preponderance of evidence.?
Legal counsel from both sides are allowed to file objections to the master’s report before the commission makes a decision in the case.