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Judicial Conduct Commission v. McGuire

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

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.
2004 ND 171685 N.W.2d 748
Oral Argument 6/17/2004

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

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Paul W Jacobson - 03631
RESPONDENT PRIVATE PRACTICE Not Licensed in ND - 00002
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
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