In Re Tracy E. Green, Judge (Opinion - Leave Granted)
Annotate this CaseThe Judicial Tenure Commission (the JTC) filed a formal complaint against Third Circuit Court Judge Tracy E. Green, alleging that she covered up evidence of child abuse (Count I) and that she made false statements about her knowledge of the abuse (Count II). Respondent admitted she was aware that her son had slapped one of her grandsons, GD, across the face, and she further admitted that she covered the resultant handprint with makeup, claiming that she had done so after her other grandson, RD, had teased GD about the handprint. In March 2019, respondent testified at a juvenile court hearing as a witness for her son; she denied that she had ever seen bruises on her grandsons’ bodies but admitted to seeing the handprint on GD’s face. Respondent also denied that any of her grandchildren had ever told her that they had been abused. The master concluded that respondent committed misconduct in office with respect to Counts I and II but not III. The JTC unanimously accepted and adopted the master’s findings of fact and conclusions of law with respect to Counts I and II. Although the JTC was troubled by the allegations in Count III, it concluded that disciplinary counsel did not satisfy its burden of proving the allegations by a preponderance of the evidence. It therefore adopted the master’s conclusion that there was insufficient evidence that respondent intentionally made false statements to the JTC in her answer. The JTC addressed the factors set forth in In re Brown, 461 Mich 1291 (2000), and concluded that the totality of the factors weighed in support of respondent’s removal from office. Respondent petitioned the Michigan Supreme Court, requesting that the Court reject the JTC’s recommendation and dismiss the amended complaint against her. The Supreme Court concluded the JTC proved by a preponderance of the evidence that respondent knowingly covered up evidence of child abuse. The JTC’s finding that respondent lied under oath at the juvenile court proceeding was rejected; however, the JTC sustained its burden of proving that respondent knowingly made false statements about evidence of child abuse in her answer to the JTC’s requests for comment. A six-month suspension without pay, along with a public censure, was imposed after consideration of the JTC’s recommendation, the Brown factors, and similar and dissimilar judicial sanctions that have previously been imposed.
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