Judicial Conduct Commission v. McGuire
Docket Info
- Title
- In the Matter of the Application
for Disciplinary Action Against
Michael O. McGuire, Judge of the
District Court
---------------
Judicial Conduct Commission, Petitioner
v.
Michael O. McGuire, Respondent - Case Type
- DISCIPLINARY PROCEEDING-Judge : DISCIPLINARY PROCEEDINGS (Civil)
- Appeal From
-
Case No.
Highlight
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.
Briefs
| Filing Date | Description | |
|---|---|---|
| 05/11/2004 | Disciplinary Counsel's BRIEF | |
| 05/11/2004 | RESPONDENT BRIEF |
(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 | |
| 48 | 06/17/2004 | ORAL ARGUMENT WEBCAST | |
| 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 | |
| 59 | 10/20/2004 | MOTION TO RETURN EXHIBITS AND ACCEPT COPIES | |
| 60 | 10/21/2004 | ACTION BY CHIEF JUSTICE (Motion/Return Exhibit) - Granted | |
| 61 | 06/17/2011 | EXPUNGED - Nonpermanent record items destroyed |