Racial Disparities Exist in Complaints Against Michigan Judges

Black Michigan judges faced a higher average number of complaints compared to their White counterparts, according to a report released Friday.

The report also shows racial disparity in public discipline, though that’s complicated by a higher number of White judges who choose to leave the bench when facing misconduct allegations.

Compiled by the National Center for State Courts at the behest of the Michigan Judicial Tenure Commission, the report says Black judges had a “significantly higher” average number of complaints compared to White judges when considering the number of complaints filed per judge. In addition, those complaints against Black judges were more likely to proceed to a full investigation.

However, the report found no meaningful link between race and cases getting dismissed. In terms of public punishment, Black judges were more likely to face censure than White judges when their cases made it to the Michigan Surpreme Court.

However, that finding was complicated the fact that more White judges chose to resign from the bench before facing censure from the Supreme Court.

The report was issued in response to concerns the Association of Black Judges of Michigan raised last year. The group wrote to state Chief Justice Elizabeth T. Clement and said Black judges were prosecuted for misconduct at a “disproportionately higher rate” than White judges.

The National Center for State Court’s report didn’t dispute the data the Black judges’ association put forth but said “it was presented without context.”

Messages left with the Black judges’ association’s president and president-elect weren’t immediately returned.

The report looks at 6,900 complaints filed with the commission from 2008 to 2022 against White and Black judges. It found that Black judges faced 15.55% of complaints despite making up 13.33% of the entire judge population in the state.

It also found that Black judges were the subject of 22.75% of the complaints—again disproportionate to the number of Black judges there are statewide—that proceeded to full investigations.

The National Center for State Courts is expected to expand on its findings to try to find the source of the disparities. Commission Executive Director Lynn Helland said in an emailed statement that a final report is expected by January.