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12/27/2006Newsmakers 2006Judge's censure caps ticket inquiry
Haley
TRAVERSE CITY — The story began more than three years ago with the hand-off of football tickets from attorney to judge during a court session. The $92 worth of University of Michigan tickets given by former local judge Richard Benedict to 86th District Court Judge Michael Haley in October 2003 was an innocent gesture, both men maintained, but a court bailiff filed a complaint with the Michigan Judicial Tenure Commission, setting in course a case that would lumber its way to the state Supreme Court. In August, Supreme Court justices censured Haley, writing that they agreed with a tenure commission finding that Haley's "misconduct significantly harmed the public's perception of the judiciary and that this ethical lapse warranted a public censure.” The court's censure was unanimous, but Justice Elizabeth Weaver, of Glen Arbor, wrote that she didn't believe it was strong enough punishment. She believed Haley deserved a 30-day suspension. Haley has little to say about the matter. "I can't imagine a horse being more dead,” Haley said. Haley blamed his problems on media coverage, particularly Record-Eagle reporting, saying it fueled a perception of an ethical lapse in his courtroom. "In general media coverage does effect how the tenure commission views an issue,” he said. Supreme Court justices, however, rejected Haley's efforts to blame the media. They wrote that while they did not believe Haley took or Benedict offered a bribe, the act of taking the tickets while on the bench created the appearance of impropriety, an "inappropriate lapse of ethical judgment.” Haley accepted the tickets before he passed sentence on a client represented by Benedict. The tenure commission started an investigation in 2004, followed by two hearings in 2005 that resulted in the recommendation to censure Haley. At one hearing in April 2005, a retired judge reviewed the tenure commission's case against Haley and found there wasn't evidence that Haley acted improperly or violated state judicial codes. Haley's ongoing legal and public relations bills topped $90,000 and were covered through a taxpayer-funded insurance policy, including direct payment by the counties of Grand Traverse, Leelanau, and Antrim of a $75,000 deductible. See related stories:
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