Order Michigan Supreme Court

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, 36th District Court SC: 128843 

Detroit, MI 48226 JTC: 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 appearing that the Judicial Tenure Commission has 

established grounds to suspend respondent without pay, the Court on its own motion 

ORDERS that the respondent judge is suspended, 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 judge until further order of this Court. 

Apart from the question of the appropriate 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 matter is REMANDED to the Judicial Tenure 

Commission to determine the respondent’s fitness to serve as a judge. The Judicial 

Tenure Commission is directed to schedule an independent medical examination for 

respondent with a psychiatrist of the Commission’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 set 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 previous Judicial Tenure adjudications involving respondent, 

whether respondent lacks the requisite fitness to serve as a judge. The respondent will 
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cooperate with the independent medical examiner and provide such information as the 

independent medical examiner shall reasonably request. The independent medical 

examiner shall provide any diagnosis or other explanation concerning respondent’s 

pattern of misbehavior that the independent medical examiner thinks relevant, including 

any recommendations the independent medical examiner believes that the Court ought 

consider to ensure that respondent, 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 her conclusions and recommendations to the 

Commission no later than June 30, 2006. A copy of the independent medical examiner’s 

report shall be provided to respondent, who shall have an opportunity to comment 

thereon no later than July 31, 2006. 

It is further ORDERED that the Judicial Tenure Commission shall, on receipt 

thereof, immediately forward under seal a copy of the independent medical examiner’s 

report to the Clerk of this Court. If, based on the independent medical examiner’s report 

or respondent’s failure to cooperate, the Judicial Tenure Commission desires to amend in 

any way its December 12, 2005 recommendation 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 October 7, 2006. The Judicial Tenure Commission may file a 

brief in response no later than October 28, 2006. 

We retain jurisdiction. 

t0419 

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. 

April 20, 2006 

 Clerk