JTC recommends suspending Judge Post

DETROIT (WOOD) - Thirty days off the bench.

That is what a group of judges is recommending for embattled Ottawa County District Court Judge Kenneth Post.

The recommendations from Judicial Tenure Commission in Detroit came Tuesday as a result of a complaint filed by a lawyer who the judge threw in jail for contempt in 2011.

---- Read the Commission's entire ruling (pdf) ----

Post ordered attorney Scott Millard held in contempt of court after Millard told his client not to answer Judge Post's questioning on whether he was using illegal drugs. Millard said he was was protecting his client's rights against self-incrimination.

"I didn't ever expect that being a defense attorney I'd ever have to be in that situation," Millard told 24 Hour News 8 Tuesday.
 
During February's hearing by the state's Judicial Tenure Commission, Judge Post admitted his sarcasm during that December 2011 case was inappropriate.
 
"Judge Post has further conceded that he misconstrued Attorney Millard's advocacy for his client as contempt for the court and apologizes to Attorney Millard for that mistake," said Post's attorney, Doug Van Essen, in a written statement.

Post's acknowledgment covered two charges filed by the Tenure Commission. But the Commission added another 12 violations connected to that same 2011 hearing, something Van Essen calls piling on.

"Is it piling on? I don't know. But at the same time, like I said, they are better at analyzing the situation and making those decisions. And again, I just respect the decision that they make and let them have the discretion moving forward as to how best to do that," Millard said Tuesday.
   
Van Essen told 24 Hour News 8 a reprimand would have been more appropriate that the 30-day suspension.

The Michigan Supreme Court will have the final say. Justices can accept, reject or modify the Tenure Commission's recommendations.

Judge Post cannot appeal the recommendations. but he can ask the Supreme Court to modify them.  Post has 28 days to ask for the modification. Van Essen said Post hasn't decided how he'll proceed.
                                          
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Judge Post’s attorney statement in response to the Commission's ruling --

"In response to today’s decision and recommendation of the Michigan Judicial Tenure Commission, 58th District Judge Kenneth Post notes that he has fully cooperated with the Commission’s proceedings and has acknowledged from their beginning that the sarcasm he used during the December 2, 2011 hearing involving Attorney Scott Millard was inappropriate.  Judge Post has further conceded that he misconstrued Attorney Millard’s advocacy for his client as contempt for the court and apologizes to Attorney Millard for that mistake.  The matter now proceeds as a matter of course to the Michigan Supreme Court.  The Supreme Court’s decision will conclude the proceedings.  Judge Post looks forward to the conclusion of the matter and his continued service to citizens of Ottawa County and the State of Michigan."