Michigan Supreme Court 

# Order

Lansing, Michigan

April 20, 2006 Clifford W. Taylor,
Chief Justice

128843 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. In re: Stephen J. Markman,
Justices The Honorable David Martin Bradfield Judge, 36 th District Court SC: 128843 Detroit, MI 48226 JT C: Formal Complaint No. 79

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On order of the Court, the briefs and oral argument of the parties having been considered by the Court, and it appeari ng that the Judicial Tenure Commission has established grounds to suspen d respondent without pay, the Court on its own motion ORDERS that the respondent judge is suspe nded, without pay, from his position as judge of the 36th District Court, effective Friday , April 21, 2006 at 5:00 p.m., and that he thereafter refrain from acting as a judg e until further order of this Court.

Apart from the question of the appropr iate sanction that should be imposed on respondent for the misconduct detailed in the Judicial Tenure Commission’s December 12, 2005 recommendation for order of discipline, it also appears from the record before this Court that a serious question as to the respondent’s fitness to serve as a judge has
been raised.

It is further ORDERED that this matte r is REMANDED to the Judicial Tenure Commission to determine the respondent’s fitn ess to serve as a ju dge. The Judicial
Tenure Commission is directed to schedule an independent medical examination for respondent with a psychiatrist of the Co mmission’s choice. The independent medical
examiner shall conduct such examinations of respondent as the independent medical examiner deems appropriate in light of the facts found in the Commission’s December 12, 2005 decision and recommendation and as se t forth in the prior Judicial Tenure Commission findings involving respondent set forth in In re Bradfield , 448 Mich 1229 (1995), and In re Bradfield , 465 Mich 1308 (2002). The independent medical examiner shall determine, in light of the Canons of Judicial Conduct and respondent’s misconduct reflected in the current and pr evious Judicial Tenure adjudi cations involving respondent, whether respondent lacks the requisite fitness to serve as a judge. The respondent will_______________________________________ __ 2

cooperate with the independent medical exam iner and provide such information as the independent medical examiner shall reas onably request. The independent medical examiner shall provide any diagnosis or other explanation concerning respondent’s pattern of misbehavior that th e independent medical examiner thinks relevant, including any recommendations the independent medical examiner believes that the Court ought consider to ensure that responde nt, if returned to office, will be better able to manage his responsibilities in a fashion consistent with his ethical duties as a judge. The independent medical examiner shall report his or he r conclusions and recommendations to the Commission no later than June 30, 2006. A co py of the independent medical examiner’s report shall be provided to respondent, w ho shall have an opportunity to comment
thereon no later than July 31, 2006.

It is further ORDERED that the Judi cial Tenure Commission shall, on receipt thereof, immediately forward under seal a co py of the independent medical examiner’s report to the Clerk of this Court. If, based on the independent medi cal examiner’s report or respondent’s failure to cooperate, the J udicial Tenure Commission desires to amend in any way its December 12, 2005 re commendation to this Court, it is directed to make such
further recommendation to this Court no later than September 15, 2006. If the Judicial
Tenure Commission makes such further recommendation, respondent may file a brief in
this Court no later than Oc tober 7, 2006. The Judicial Tenure Commission may file a brief in response no late r than October 28, 2006.

We retain jurisdiction.

t0419 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 20, 2006

Clerk