Opinion
No. 111716 (11).
November 5, 1999.
On order of the Court, we REMAND this case to the Judicial Tenure Commission for reconsideration and further explanation of its Decision and Recommendation. In particular, the Commission shall reconsider and explain its conclusion that a public censure is appropriate in this case, in light of its conclusion that a ninety-day suspension without pay is appropriate in in re Chmura, Formal Complaint No. 56, Supreme Court Docket No. 112062. The Commission shall also reconsider and explain its conclusion that the judge did not engage in an improper ex parte communication with defense counsel, in light of the Court of Appeals decision reversing defendant's conviction on grounds of judicial misconduct in People v Adrian Bell, unpublished per curiam of the Court of Appeals, decided October 22, 1999 (Docket No. 195999). The further explanation shall be filed with the Clerk of the Supreme Court within 42 days after the date of this order.
We retain jurisdiction.
Cavanagh, J., would not find a remand to be necessary and would adopt the Commission's decision and recommendation.
Kelly, J., joins in the statement of Cavanagh, J.