Legal Ethics

Judge loses his job after sex in chambers with witness, texting shirtless photo and lying under oath


A Michigan judge who made headlines by texting a photo of his bare chest to a courtroom bailiff and having sex in his chambers with a complaining witness in a child-support case has been removed from the bench.

In a Wednesday ruling, the state supreme court also suspended Judge Wade McCree for six years, to prevent him from returning to his job if he is re-elected in November, the Detroit Free Press reports.

Upholding a recommendation by the Judicial Tenure Commission, the supreme court agreed that McCree’s conduct “was prejudicial to the actual administration of justice.

“Indeed,” the opinion continues, “there is not much, if anything, that is more prejudicial to the actual administration of justice than having a sexual relationship with a complaining witness without recusing oneself, engaging in ex parte communications with this mistress/complaining witness, attempting to use the prosecutor’s office as leverage against this now ex-mistress by concocting charges of stalking and extortion against her, and then lying under oath about these matters.”

McCree’s lawyer, Brian Einhorn, told the Free Press that he had not received a copy of the ruling and was unhappy that the media already had. “It puts us at a disadvantage in terms of being able to comment,” Einhorn said. “I’m very unhappy about the decision—I don’t think it’s fair.”

The State Bar of Michigan provides a copy of the opinion (PDF) in the case.

See also:

ABAJournal.com: “‘No Shame In My Game,’ Says Judge of Chest Photo Angry Husband Claimed to Find on Bailiff Cellphone”

ABAJournal.com: “Reports: Judge Complains of Claimed Stalker, Ends Up on Admin Leave, Facing Another Ethics Complaint”

ABAJournal.com: “Judge admits sex with witness in chambers, but says it didn’t affect his decision-making”

ABAJournal.com: “Judge who had sex with witness in chambers and lied under oath should be removed, commission says”

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