Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

Order 

January 27, 2010 

140202 

In re: 

HON. BRENDA K. SANDERS SC: 140202 

Judge, 36th District Court. RFI Nos. 2008-17918 

 2008-17919 

 

_________________________________________/ 

The Judicial Tenure Commission has issued a Decision and Recommendation, to 

which the respondent, 36th District Court Judge Brenda K. Sanders, consents. It is 

accompanied by a settlement agreement, in which the respondent waived her rights, 

stipulated to findings of fact and conclusions of law, and consented to a sanction that 

would be no less than a public censure and no greater than a public censure and a 42-day 

suspension without pay. 

In resolving this matter, we are mindful of the standards set forth in In re Brown, 

461 Mich 1291, 1292-1293 (2000): 

[E]verything else being equal: 

(1) misconduct that is part of a pattern or practice is more serious than an 

isolated instance of misconduct; 

(2) misconduct on the bench is usually more serious than the same 

misconduct off the bench; 

(3) misconduct that is prejudicial to the actual administration of justice is 

more serious than misconduct that is prejudicial only to the appearance of 

propriety; 

(4) misconduct that does not implicate the actual administration of justice, 

or its appearance of impropriety, is less serious than misconduct that does; 

(5) misconduct that occurs spontaneously is less serious than misconduct 

that is premeditated or deliberated; 

(6) misconduct that undermines the ability of the justice system to discover 

the truth of what occurred in a legal controversy, or to reach the most just 
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result in such a case, is more serious than misconduct that merely delays 

such discovery; 

(7) misconduct that involves the unequal application of justice on the basis 

of such considerations as race, color, ethnic background, gender, or religion 

are more serious than breaches of justice that do not disparage the integrity 

of the system on the basis of a class of citizenship. 

In the present case, those standards are being applied in the context of the 

following stipulated findings of fact of the Judicial Tenure Commission, which, 

following our de novo review, we adopt as our own: 

1. Respondent is, and at all material times was, a judge of or a judicial 

candidate for, the 36th District Court in Detroit, Michigan. 

2. As a judge, and as a candidate for a judge, Respondent is subject to 

all the duties and responsibilities the Michigan Supreme Court imposed on 

her, and is subject to the standards for discipline set forth in MCR 9.104 

and MCR 9.205. 

 Count I

 Inappropriate Political Activity While a Judge or Judicial Candidate

3. On November 4, 2008, Respondent was elected to the position of 

judge of the 36th District Court for a six-year term that began January 1, 

2009. 

4. On December 8, 2008, Respondent signed the Oath of Office for 

Judge of the 36th District Court. 

5. While she was still a candidate for judge, Respondent also filed to 

run for Mayor of Detroit in a special nonpartisan Detroit mayoral primary 

to complete the term of former Mayor Kwame Kilpatrick. 

6. After becoming a judge, Respondent remained a candidate on the 

ballot in the February 24, 2009 special primary. 

7. According to campaign rules, Respondent was unable to timely 

remove her name from the ballot for the mayoral primary. 

8. Notwithstanding having been elected to the position of judge, 

Respondent actively participated in certain campaign activities for the 

special February 24, 2009 primary. 

9. On December 16, 2008, Respondent filed a Statement of 

Organization form for mayoral candidate committees which listed the name 

of her committee: “Committee to Elect Brenda K. Sanders for Mayor” and 

identified her as Treasurer and Designated Record Keeper. 
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10. Respondent completed a Metro Times questionnaire which appeared 

on January 28, 2009, in the Metro Times, a local newspaper, entitled 

“Detroit Mayoral Candidate Questionnaire: Brenda K. Sanders.” 

11. Respondent also appeared on “Flashpoint: Straight Talk from the 

Candidates,” a televised commercial-free program in which she discussed 

her platform for mayor, which aired on Sunday, February 1, at 8:30 a.m., 

and which continued to be accessible to viewers on the station’s web site, 

ClickOnDetroit.com. 

12. Respondent campaigned as a judge during her televised campaign 

appearance as a mayoral candidate, referring to her “former” career as an 

attorney and her status as a “new face in our local government.” 

13. Respondent knew, or should have known, that as a judicial candidate 

and as a judge, she was and is subject to the rules governing political and 

campaign conduct as provided in Canon 7 of the Michigan Code of Judicial 

Conduct [MCJC] and the Michigan Constitution 1963, art 6. 

 Count II

 Inappropriate Campaign Conduct/ Soliciting Contribution 

14. On April 29, 2008, Respondent filed and signed a Statement of 

Organization Form for Candidate Committee, in which she identified 

herself, Brenda K. Sanders, as candidate for the position of 36th District 

Judge, as well as Treasurer and Designated Record Keeper. 

15. On the form Respondent listed her own phone number, fax number, 

e-mail address, mailing and street address as the contacts for her committee. 

16. On September 5, 2008, Respondent filed an Amended Schedule 1A 

– Itemized Contributions Form and Post Primary Campaign Finance 

Statements, which continued to list her as the Treasurer and Designated 

Record Keeper of her own campaign. 

17. On her website, www.brendaksanders.com, Respondent solicited 

donations to her campaign of which she was manager and treasurer “Please 

send donations to The Committee to Elect Brenda K. Sanders,” by check, 

PayPal or “Email Funds to Brendak1233@yahoo.com.” 

18. As a judicial candidate, Respondent knew or should have known that 

Canon 7B(2) of the Michigan Code of Judicial Conduct prohibits a 

candidate for judicial office from acting as treasurer or personally soliciting 

or accepting campaign funds. 

19. As a judicial candidate, and as stated in the Candidate Committee 

Manual, Respondent knew or should have known that a judicial candidate 

may not serve as a treasurer or record keeper of the candidate’s committee. 
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20. As a judicial candidate, Respondent knew or should have known that 

the Bureau of Elections Campaign Financial Disclosure Information 

specifically provides that “Judicial Canons do not allow a judicial candidate 

to serve as their own treasurer.” 

 We also adopt the Commission’s conclusion that these facts demonstrate, by a 

preponderance of the evidence, that respondent breached the standards of judicial conduct 

and constituted misconduct in office, as defined by 1963 Mich Const, art 6, § 30, and 

MCR 9.205: 

1. conduct in violation of 1963 Mich Const, art 6, § 21, which provides 

that a judge of a court of record shall be ineligible to be nominated for 

or elected to an elective office other than a judicial office during the 

period of his service and for one year thereafter; 

2. failure to resign judicial office before becoming a candidate either in a 

party primary or in a general election for non-judicial office, in violation 

of Canon 7A(3); 

3. failure to establish, maintain, enforce and personally observe high 

standards of conduct so that the integrity and independence of the 

judiciary may be preserved, contrary to Canon 1; 

4. making speeches on behalf of a non-judicial candidate (herself) or 

publicly endorsing a candidate for non-judicial office, in violation of 

Canon 7A(1)(b); 

5. personal solicitation of campaign funds, in violation of Canon 7B(2)(a); 

6. conduct involving impropriety and the appearance of impropriety, in 

violation of Canon 2A, which erodes public confidence in the judiciary; 

7. conduct prejudicial to the administration of justice, in violation of MCR 

9.104(A)(1); 

8. conduct that exposes the legal profession or courts to obloquy, 

contempt, censure or reproach, contrary to MCR 9.104(A)(2); and 

9. conduct that violates the Michigan Rules of Professional Conduct, 

contrary to MCR 9.104(A)(4). 
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

January 27, 2010 

p0120 

 

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After reviewing the recommendation of the Judicial Tenure Commission, the 

settlement agreement, the standards set forth in Brown, and the above findings of fact and 

conclusions of law, we accept the recommendation of the Commission and ORDER that 

Honorable Brenda K. Sanders be publicly censured and suspended without pay for 21 

days, effective 21 days after the date of this order. This order stands as our public 

censure.