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October 12, 2005Haley says public censure is 'harsh'Judge accepted football tickets from attorneyByRecord-Eagle staff writer TRAVERSE CITY - The chief judge of 86th District Court asked the state Supreme Court not to publicly censure him for accepting a pair of college football tickets from an attorney during a court hearing. Judge Michael Haley filed a response Monday to the state Judicial Tenure Commission's September recommendation to censure him for the 2003 incident in Antrim County. Haley argued that the JTC "erroneously concluded" he was guilty of misconduct and said the public censure is "unduly harsh and disproportionate" punishment. Haley's response argued that public censure has been imposed for "intentional conduct, violent crime, or physical misconduct." He contended his tickets acceptance occurred "spontaneously and was unanticipated." Haley was accused last November of impropriety for accepting a pair of University of Michigan football tickets from attorney and former judge Richard Benedict. Haley also was charged with lack of candor for denying he sent a letter to Antrim Sheriff Terry Johnson that banned deputy Terry Skurnit from working as a court officer after Skurnit reported the ticket incident. In its September ruling, the JTC dismissed a lack of candor charge against Haley, but found his acceptance of football tickets constituted "misconduct in office" and was "clearly prejudicial to the administration of justice." If the state Supreme Court approves the censure, it is likely that Haley would receive only a public admonishment. The JTC's decision partially reversed a ruling by retired Judge Casper Grathwohl, who served as special master during Haley's three-day hearing in Antrim County in April. Grathwohl said that although Haley's actions were inappropriate and a display of "poor judgment," it "does not rise to the level of impropriety." Haley argued he was given the tickets by Benedict, "his longtime friend," and that the Michigan Code of Judicial Conduct allows judges to accept "gestures of ordinary hospitality." Haley also argued in his brief that the JTC proceedings "violated" his due process rights. See Related Stories: Tickets may earn Haley censure - September 14, 2005 Judge: Haley not in violation - May 10, 2005 Judge Haley calls deputy 'sociopath' - April 8, 2005 Judge Haley defends ticket event - April 7, 2005 Judge Haley's hearing set for April - January 26, 2005 Judge Haley: I did nothing inappropriate - December 16, 2004
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