Opinion
367478
08-29-2023
PEOPLE OF MICHIGAN v. DERRICK LEE CARDELLO-SMITH
LC No. 08-008639-01-FC
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.211(E)(2), orders:
The motion to disqualify the entire "Detroit Panel of Judges" is DISMISSED as contrary to IOP 7.213(D)-3 ("A party seeking to disqualify a judge of the Court may file a motion to disqualify under MCR 2.003. A motion to disqualify is initially submitted to the challenged judge for decision.") (emphasis added) and MCR 2.003(B) ("A party may raise the issue of a judge's disqualification by motion") (emphasis added). See also MCR 2.003(D)(3)(a) ("For courts other than the Supreme Court, the challenged judge shall decide the motion."). Dismissal is without prejudice to defendant filing one or more motions for judicial disqualification under MCR 2.003, but each such motion must address only one judge.
Insofar as defendant moves to have his delayed application for leave to appeal considered exclusively by judges from District IV of this Court, in Lansing, that motion is DENIED because the underlying action arises out of Wayne Circuit Court. See IOP 7.201 (B)(2) (providing that District I, in Detroit, "generally handles the files in cases arising from the counties of Lenawee, Monroe, and Wayne").