Just getting along seems to be on everyone’s mind in the 52-2 District Court now that the Michigan Judicial Tenure Commission’s case against Judge Dana Fortinberry is settled.
Fortinberry was publicly censured by the Michigan Supreme Court on Jan. 12. The court issued an order agreeing with the terms of a settlement Fortinberry reached with the commission in November.
The punishment is in response to charges made by the Michigan Judicial Tenure Commission after Fortinberry wrote a controversial letter in July 2004. The letter implied that Judge Kelley Kostin, then a candidate for the 52nd District Court, and her husband were involved in a police cover-up of wrongdoing in the death of the husband’s previous wife.
‘I’m pleased that the Michigan Supreme Court decided to adopt and ratify the resolution we had worked out with the tenure commission,? said Fortinberry’s lawyer Thomas Cranmer.
‘I continue to believe the most important part of this story is the ongoing relationship between Judge Fortinberry and Judge Kostin. The two judges are working efficiently and effectively together. I think that’s a credit to their professionalism,? he added.
‘We’re satisfied and expected they would affirm the decision,? said Judge Kelley Kostin. ‘The court is moving fine and I think an apology by Judge Fortinberry would help ease a lot of the tension that exists in the court. An apology would help us get there quicker.?
Fortinberry could have received suspension or removal from her bench had the Supreme Court decided not to accept the commission’s recommendation and pursue the issue further on their own.
Censure is a finding of misconduct that does not merit suspension or removal, but serves as a deterrent to the accused and other judges who may be engaging in similar behavior.
‘I am pleased that the Supreme Court adopted the Tenure Commission’s recommendation in its entirety and that this matter is now concluded,? said Executive Director Paul Fischer of the Michigan Judicial Tenure Commission, who served as the Examiner (the prosecutor in judicial misconduct proceedings).
As part of the settlement reached with the commission, Fortinberry admitted she made several statements in the letter that were untrue and which she did not attempt to verify before repeating.
The five-page letter was written by Fortinberry and sent to Dave Curtis, the Vice President of the Oakland County Deputy Sheriff’s Association on July 20, 2004. The letter addressed the association’s endorsement of Kelley Kostin rather than Magistrate Colleen Murphy, who Fortinberry endorsed. In the letter, Fortinberry raised questions about the death of Robert Kostin’s wife Judith Kostin; and how the subsequent investigation afterwards, which ruled the death a suicide by the White Lake Township Police Department, was conducted.
The Supreme Court’s order stated Fortinberry’s behavior violated the Code of Judicial Conduct in three ways:
‘by failing to ‘personally observe high standards of conduct so that the integrity and independence of the judiciary may be preserved,?
?’failure to avoid all impropriety and appearances of impropriety to ensure that public confidence is not eroded,?
‘and a ‘failure to conduct oneself at all times in a manner which would promote the public confidence in the integrity and impartiality of the judiciary.?
The order brings to end a lengthy process stemming from the formal complaint filed by the Michigan Judicial Tenure Commission against Fortinberry on May 10.
The charges consisted of two counts including the misrepresentations in the July 2004 letter and misrepresentations at a March 2004 police lodge meeting.
On May 20, Fortinberry officially responded to the complaint asserting the First Amendment protections of political and/or free speech and that the commission could not sufficiently establish the falsity of her representations under Supreme Court case In Re Chmura.
On May 31, the Michigan Supreme Court appointed Honorable Robert A. Benson to act as master over the issue. A hearing originally scheduled for Aug. 8 was adjourned to Nov. 28 because of scheduling conflicts. The Nov. 28 hearing was adjourned when the settlement was reached.