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Judicial Conduct Commission v. McGuire

Docket No. 20040073
Oral Argument: Thursday, June 17, 2004 10:45am

Docket Info

In the Matter of the Application
for Disciplinary Action Against
Michael O. McGuire, Judge of the
District Court
Judicial Conduct Commission, Petitioner
Michael O. McGuire, Respondent
Case Type
Appeal From
Case No.
2004 ND 171685 N.W.2d 748
Oral Argument 6/17/2004


Clear and convincing evidence in a judicial disciplinary proceeding means evidence which leads to a firm belief or conviction that the allegations are true.
In judicial disciplinary proceedings, the party seeking discovery has to show a need for the information beyond mere relevance.
Extra-judicial conduct is not simply conduct arising geographically outside of the courtroom, but is conduct which arises from something outside of the events of the courtroom itself.
Suspending a judge from office without pay does not violate the constitutional directive that a judge's salary shall not be diminished during this term of office.
The purpose of discipline in judicial conduct cases is not to punish a judge, but is to preserve the integrity of the judicial system and public confidence in the system and, when necessary, safeguard the bench and public from those who are unfit.
A respondent in a judicial disciplinary proceeding is not initially responsible for payment of the cost of a hearing transcript, but if the respondent is ultimately found to have committed misconduct, the cost of the hearing transcript may be assessed against the respondent.


Filing Date Description
05/11/2004 Disciplinary Counsel's BRIEF


Party Type Name
RESPONDENT PRO SE Michael O McGuire - 03051

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/22/2004 Findings of Fact, Conclusions of Law, & Recommendation (See Record No. 46)
2 03/22/2004 Findings of Fact, Conclusions of Law, & Recommendation SERVED ON PARTIES/COUNSEL
3 03/23/2004 RECORD of Judicial Conduct Commission, copy of condensed version of Transcript dated 3-2-04 &
4 03/22/2004 copy of Exhibits
5 03/23/2004 Transcript dated March 2, 2003, with attached Exhibits
6 03/23/2004 DISK - TRA (3-2-04)
7 03/31/2004 ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen
8 03/31/2004 Supplemental Affidavit of Mr. Condon required under N.D.R.Ct. 11.1(e) to appear in this proceeding
9 03/31/2004 Request to Recuse & Affidavit in Support (faxed copy)
10 03/31/2004 NO ACTION TAKEN (Request to recuse)
11 04/01/2004 Mr. Condon is authorized to appear under N.D.R.Ct. 11.1(e) - Granted
12 04/01/2004 Original Supplemental Affidavit of Mr. Condon (N.D.R.Ct. 11.1(e))
13 04/01/2004 Original Request to Recuse & Affidavit in Support
14 04/09/2004 Faxed Notice of Exceptions and Exceptions to Findings of Fact, Conclusions of the Hearing Panel,and
15 04/09/2004 Unanimous Recommendation of the Hearing Panel (NOTE: Respondent requests OA in this matter)
16 04/12/2004 Original Notice of Exceptions & Exceptions to Findings of Fact, Conclusions of the Hearing Panel, &
17 04/12/2004 Unanimous Recommendation of the Hearing Panel
18 05/07/2004 Letter dated 5-04-04 from Mark Condon withdrawing request for OA; instead he is asking for
19 05/07/2004 the Court to make its determination based only on written submissions
20 05/11/2004 Disciplinary Counsel's BRIEF
21 05/11/2004 Disciplinary Counsel's APPENDIX
22 05/11/2004 DISK - PTB
23 05/11/2004 Affidavit of Costs and Expenses
24 05/11/2004 RESPONDENT BRIEF
25 05/11/2004 E-FILED BRIEF (Respondent Brief)
26 05/11/2004 Letter from Judge McGuire dated 5-11-04 RE: Contents of Respondent's Appendix (e-mailed)
27 05/11/2004 E-FILED MOTION (Judge McGuire Response Ltr of 5-11-04)
28 05/14/2004 Respondent's APPENDIX & one original/copy of separate Respondent's Appendix 6
29 05/17/2004 Payment of $25 surcharge (Receipt #15405)
30 05/18/2004 Copies of Respondent's Brief from Central Duplicating
31 05/18/2004 ACTION BY SUPREME COURT - Court does not require Respondent's appearance at argument.
32 05/20/2004 SITTING WITH THE COURT : Hodny, William F.
33 05/24/2004 Request for Radio/TV Coverage (KVLY-TV) e-mail dated 5-21-04 from Jack McDonald (APPROVED)
34 05/24/2004 E-FILED MOTION (KVLY TV RRC)
35 05/24/2004 Proof of Service of electronic mailing of Respondent's Brief
36 05/24/2005 Request for Radio/TV Coverage (AP) e-mail dated 5-24-04 from Dale Wetzel (APPROVED)
37 05/24/2004 E-FILED MOTION (AP RRC)
38 06/07/2004 Letter dated 6-07-04 from Mark J. Condon (re DB Counsel's Aff. of Costs & Expenses (e-filed)
39 06/14/2004 E-FILED MOTION (Mark Condon Ltr of 6-7-04)
40 06/14/2004 SUPPLEMENTAL RESPONSE TO AFFIDAVIT FOR COSTS from Michael O. McGuire (e-mailed)
41 06/14/2004 E-FILED Supplmental Response to Affidavit for Costs
42 06/15/2004 Original supplemental response to affidavit for costs
43 06/16/2004 Request for Radio/TV Coverage (e-mail dated 6-16-04 from Jack McDonald clarifying coverage: WDAY-TV
44 06/16/2004 & radio w/coverage; KBMY will handle it for them)
45 06/16/2004 E-FILED MOTION (RRC clarification)
46 06/17/2004 APPEARANCES: Paul W. Jacobson; submitted on brief under NDRAppP 34(f) for Respondent
47 06/17/2004 ARGUED: Jacobson
49 08/31/2004 DISPOSITION
50 08/31/2004 UNANIMOUS OPINION : Per Curiam View
51 08/31/2004 Michael O. McGuire, Judge of the District, is suspended from his position as a district judge,
52 08/31/2004 without net pay, from November 1, 2004, through the end of his term of office on December 31, 2004,
53 08/31/2004 for violation of N.D. Code Jud. Conduct Canons 1A, 2 and 3B(4).
54 08/31/2004 McGuire is assessed costs and attorney fees necessary for the prosecution of these proceedings in
55 08/31/2004 amount of $12,675.64, payable to the Judicial Conduct Commission.
56 09/01/2004 Judgment Mailed to Parties
57 09/14/2004 Payment of costs in the amount of $12,675.64 - receipt no. 15792
58 10/05/2004 Corrected Opinion Page 16
60 10/21/2004 ACTION BY CHIEF JUSTICE (Motion/Return Exhibit) - Granted
61 06/17/2011 EXPUNGED - Nonpermanent record items destroyed