The Michigan Supreme Court appointed Judge Robert A. Benson as master to Formal Complaint No. 78 filed against 52-2 District Court Judge Dana Fortinberry.
Benson is a retired judge from Kent County Circuit Court. This action by the Michigan Supreme Court is the latest step in the formal proceedings against Fortinberry.
As master, Benson will preside over the presentation of evidence in the hearing.
According to the Michigan Judicial Tenure Commission’s Web site, Benson will file a report with the commission after the hearing. The report will include ‘a statement of the proceedings and the master’s finding of fact and conclusions of law with respect to the issues presented by the formal complaint and judge’s answer.?
After Benson’s report is received, the examiner and Fortinberry will be allowed to file any objections.
Following testimony and the master’s findings, the commission may dismiss the matter if insufficient evidence of judicial misconduct exists; or if a preponderance of evidence shows misconduct, the Web site states the commission may recommend that the Michigan Supreme Court discipline Judge Fortinberry.
While the commission has no authority to directly discipline Fortinberry, the Michigan Judicial Tenure Commission may recommend penalties including public censure, a term of suspension or removal from office.
After a recommendation is made, the Michigan Supreme Court may accept, reject or modify the Commission’s suggested penalty.
Formal Complaint No. 78 was filed May 10 against Fortinberry based on statements she allegedly made at a March 2004 police lodge meeting and allegedly wrote in a July 2004 letter to the Oakland County Deputy Sheriff’s Association.
Fortinbery filed her official response to the commission’s complaint on May 20, citing First Amendment rights of free and political speech, as well as claiming there to be a lack of evidence she made the alleged statements.