Judge Brenda K. Sanders

36th District Judge Brenda K. Sanders could be the first judge in Michigan history to be removed from the bench due to mental illness. In March, a special master [appointed by the Michigan Supreme Court] conducted a hearing after which he concluded that Judge Sanders was "psychotic".

The case, initially lodged through a complaint filed by the Judicial Tenure Commission, contained allegations that Judge Sanders suffered from paranoid delusions about a conspiracy to remove her from the bench in Detroit. She detailed her irrational fears in a letter to U.S. Attorney Barbara McQuade.

Following an investigation by the Master, findings of fact were made which resulted in the Judicial Tenure Commission recommending removal of Judge Sanders from the bench based on her mental disability and judicial misconduct.  To date, however, Judge Sanders has refused to resign or retire.

Among her other reported problems, Judge Sanders had a 400 case backlog, took an extended medical leave found to be fraudulent, stated to the U.S. Attorney that she was being framed as a suspect in what she characterized as the suspicious deaths of other 36th District Court Judges, and claimed that she was evicted from her home in Detroit by the Michigan Supreme Court.

The case brings into focus the problem of mental illness among members of the bar and the judiciary. Lawyers and judges do operate in a stressful environment, fraught with adversarial proceedings, client and public expectations, with every decision subjected to continuous review.

Over here at the Law Blogger, we work with veteran litigators all day every day. It's just not an easy road.

Sometimes, the pressures of the job catch-up with the judge or the lawyer. What should be done when the legal professional starts to unravel mentally?

In the case of Judge Sanders, her lawyer has acknowledged his client's mental illness. Nevertheless, he has advocated for allowing her to retire on her own accord, with dignity.

As of this date, the case remains pending at the Michigan Supreme Court. Previously scheduled oral argument has been canceled and no argument is on the High Court's docket. The Supreme Court could simply decide the case based on the file it currently holds, or it could order oral argument.

When a judge or a lawyer is having trouble with mental illness, alcoholism or substance abuse, the Lawyer and Judges' Assistance Program is available to them through their required membership in the State Bar of Michigan. Also, the American Bar Association has established the Judicial Wellness Initiative.

In some cases, however, like the case of Judge Sanders, the legal professional will not take the necessary first step to recovery: accepting personal responsibility. Then the next step: accepting professional help.

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Michigan's second largest court recently regained partial control of its docket after being supervised by Judge Michael Talbot and the Michigan Supreme Court.  The 30-plus judges of the 36th District Court will report their daily attendance to the High Court's administrative office along with progress on their caseloads; the court administrator for the district court in Detroit will continue to provide the Supreme Court Administrative Office with financial reports as well.

The  36th District Court handles one million cases per year according to Fox News Detroit.  The court's own web site, however, proudly touts a docket only half that large.  Perhaps they need to review their own files a little more closely.

Some big-time felony criminal cases get started in the 36th District Court, situated adjacent to Comerica Park and Ford Field in Downtown Detroit.  Many of today's Tiger and Lion fans will walk right past this court on their way to the games.

Some of the court's revenue woes stem from the quarter billion dollars in uncollected traffic tickets and unpaid misdemeanor fines.  Collecting even a fraction of these revenues would go a long way to relieving some of the court's fiscal pressures.

The recently concluded Supreme Court review resulted in the district court significantly trimming its bloated workforce and streamlining its procedures.  These are moves in the right direction.

On one memorable occasion, this Blogger presented with a matter for which the court clerk could not determine the assigned judge, despite reviewing a copy of the notice sent by the clerk to my client.  When the judge was figured-out, I went to the assigned court room at 10:30 am, only to find the doors locked.  Although the lights were on in the court room, and I could see staff in the back, it took another hour to get the matter heard before a judge.

When I left the court around noon that day, I had the feeling that I was lucky to have my matter heard at all.  Hopefully, those days are over.

Pruning redundant staff and streamlining court procedures will help this high-volume court to provide the citizens of Detroit a crucial public service: access to justice and the rule of law.

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The thing about district courts is the funding to make them operate; district courts do not have uniform funding across the state.  Funding for a district court depends on getting money from its political parent (the city or the county, or the state) and from the citizens within the community who get ticketed and brought into the court.

The district courts in Detroit and Pontiac are in financial trouble.  This is because they are self-funded courts, meaning they derive a significant portion of their operating budget from revenue generated from tickets and court costs assessed from the folks that appear in those courts.

In Detroit, the 36th District Court also relies on the City of Detroit's budget.  The current budget year has not been kind to the district court.  It requested a "bare bones" allocation of $36 million but only received $31 million.

More recently, the Michigan Supreme Court, concerned about the district court's fiscal health, appointed Court of Appeals Judge, and former Wayne County Circuit Judge Michael Talbot, as a special administrator of the 36th District Court.

In Pontiac, the Michigan Supreme Court has called for the elimination of two judges at the 50th District Court; also a self-funded court.  While the budget for the Pontiac court has gone up, the court's revenues from tickets and courts costs has eroded.

Both courts have seen administrative staff reductions.  Both courts are being asked by the Supreme Court to do more with less.

Like Detroit, the folks getting fined and assessed court costs in Pontiac just don't have the dough; the folks getting ticketed simply cannot afford to pay the fines, or do not pay the fines.  The courts can assess fines all-day-long, but if the local citizens cannot afford or refuse to pay them, then it amounts to phantom revenue.

Our lawyers are going from the 36th District Court, across the street to the Frank Murphy Hall of Justice all the time.  Often, we swing by the 50th in Pontiac on our way Eastside, or up to 1200 N. Telegraph.

So far, we have not noticed a disruption of service with the hard-working employees of those courts.  Let's see what happens as the operating budgets of those courts are brought into line with reality.

In our opinion here at the Law Blogger, while courts must run as efficiently as possible, the cost of justice is not something we can skimp on; the courts must stay open for business no matter what.

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