Opinion
365530
05-13-2024
Re: In re JH
ORDER
Stephen L. Borrello, Chief Judge Pro Tem, acting under MCR 2.003(D)(3), orders:
The motion to disqualify is DENIED. I am confident that I can participate in deciding this appeal in an unbiased manner. Also, my participation in deciding a motion previously filed in this appeal does not warrant my disqualification. See Swain v Morse, 332 Mich.App. 510, 538; 957 N.W.2d 396 (2020) (adverse ruling by trial court judge insufficient reason for disqualification). Neither does the fact that appellant has apparently filed a grievance against me with the Judicial Tenure Commission based on that prior ruling. See People v Bero, 168 Mich.App. 545, 552; 425 N.W.2d 138 (1988) (mere filing of complaint with Judicial Tenure Commission against judge by party or attorney does not warrant disqualification).
If the moving party requests it in writing addressed to the Clerk's Office, the motion shall be referred to the Chief Judge for decision de novo. MCR 2.003(D)(3)(a). As contemplated by MCR 2.003(D)(3)(a)(i), appellant must file a separate request following entry of this order denying his motion to disqualify to have this motion referred to the Chief Judge.