GRAND HAVEN, Mich. (WOOD) - Embattled Ottawa County District Court Judge Kenneth Post has decided to accept a 30-day suspension for his actions during a 2011 case.
The Michigan Judicial Tenure Commission last month recommended the suspension for holding an attorney in contempt.
"He's willing to live with it," Post's attorney, Doug Van Essen, told 24 Hour News 8.
"It's time to move forward."
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 protecting his client's rights against self-incrimination.
Van Essen said it was a misunderstanding between the judge and the young lawyer. He said Judge Post was trying to determine when Millard's client last used drugs, so he could schedule a drug test after the drugs left the defendant's system.
Instead, Millard told his client not to answer the question. Post became sarcastic and ordered the young lawyer jailed on contempt.
While he was taken into custody, Millard was released hours later after an Ottawa County Circuit Court judge overruled Post.
During February's hearing by the state's Judicial Tenure Commission, Judge Post admitted his sarcasm during that December 2011 case was inappropriate.
Post accepted two charges filed by the Tenure Commission. But the Commission added another 12 violations connected to that same 2011 hearing.
Van Essen believes a shorter suspension was in order, but says the judge has already stated his position on the record with the Judicial Tenure Commission.
The State Supreme Court will review the JTC's hearing, including Post's statements.
But there is no guarantee the Supreme Court will follow the JTC's recommendations. Justices could accept, reduce or increase Post's punishment.
It is not clear when the Supreme Court will act on the JTC's ruling.
Judge Post had until April 14 to decide whether to file an answer to the JTC's recommendations.
Van Essen said he hope the filing speeds the process.
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