In this blog I will analyze in more detail the actual order of discipline against Judge Lisa Gorcyca and whether the discipline was adequate to misconduct committed by Judge Lisa Gorcyca that was reflected in court documents.
So far I could spot, in addition to what I pointed out in the previous blogs, the following misconduct of Judge Lisa Gorcyca:
Judge Lisa Gorcyca was a prosecutor for 15 years and could not claim she did not know that it is the prosecutor's job, not the judge's to bring criminal contempt proceedings.
Moreover, in such proceedings, children would be entitled to the full panoply of constitutional rights - arraignment, discovery, pre-trial motions and hearings and then the trial.
None of that was provided by Judge Gorcyca to the children.
Judge Lisa Gorcyca also apparently lied stating that she only snapped on June 24, 2015 because before that she exercised "judicial restraint", while it was likely because the lawsuit against her husband was finally settled on June 9, 2015 and Judge Lisa Gorcyca needed somebody to take her frustration out on.
Contempt of court is not failure to satisfy every judicial whim, but failure to comply with a LAWFUL order of the court.
An order to children to see their father whom they did not want to see - or go to jail - is not a lawful order.
Judge Lisa Gorcyca acted like a capricious aristocrat acting on a whim when she first ordered children to see their father who they did not want to see - "or else" - and then put them in jail, having intentionally separated them from one another and from their mother.
- William Lansat, Guardian Ad Litem for all three children;
- G. Jeffrey Schwartz for the 14-year-old boy, LT;
- Michael Dean for the 11-year-old boy, RT; and
- Karen Cook for the 9-year-old girl, NT
This is not the first custody case where people have complained against Judge Gorcyca.
In another case, the mother claimed that Judge Gorcyca changed custody to the father without an evidentiary hearing, in violation of existing precedent, and that her "friend of the court" attorney told the mother that she has "no constitutional rights here".
Judge Gorcyca also reportedly jailed a woman with stage 3 cancer, right after a session of chemotherapy (and that was the 5th time Judge Gorcyca jailed that particular woman on civil contempt charges).
After ALL the above, here is what lawyers wrote to the community IN SUPPORT of judge Lisa Gorcyca:
Of course, the last name Gorcyca - a "Jeffrey Gorcyca" surfaced in support of Judge Lisa Gorcyca. Since the last name Gorcyca is not a common last name in the U.S., we may carefully assume that it is some kind of a relative who supported Gorcyca. I wonder if that supposed relative is practicing in front of Judge Gorcyca.
- an "unwavering compassion for the people" who appear in front of her,
- to those people who are most "vulnerable" and
- a deep dedication to children.
Yet, the "unwavering compassion" demonstrated by Judge Gorcyca is not a little bit lopsided - it appears that the judge chooses the side she likes better, takes that side and starts to advocate for it instead of being a neutral arbiter, and she is advocating with much "unwavering compassion", but only to that one side of litigation, to the detriment of all other people involved.
As to the "most vulnerable people" in the community, the report about sending a stage-3 cancer patient just out of chemo to jail for failure to provide an affidavit speaks for itself.
Nor did I see a letter directly from those "vulnerable people" in the community in support of Judge Gorcyca.
As to Judge Gorcyca's "deep dedication" to children, God save us from that dedication, and transcripts of how exactly Judge Gorcyca treated the Tsimhoni children speaks louder than any conclusory sycophanting of attorneys who hope to please and not to ire Judge Gorcyca.
The letter reminds me of such "letters to the editor" in the Soviet Union asking to hang those treasonous whoever "as evil dogs" - and this is about the same as what attorneys say about the press. People signing such letters do that for the obvious reason of self-preservation, which does not justify insulting people's intelligence and attempting to mislead the public as to misconduct and performance of a public official.
My position at all times was that a person must do his or her job properly FIRST and FOREMOST.
Judge Gorcyca's job is to be a judge.
She cannot prove her competency or fitness to be a judge by stating that she sits on some charity boards. In fact, if such "service" on charity boards distracts Judge Gorcyca's from brushing up on her competence, as the Tsimhoni case clearly showed, she should abstain from "helping" the community by sitting on those boards.
With a $140,000 a year salary Judge Gorcyca should be doing her job, first and foremost, and do whatever else she wants to do in her free time - and in such a way that it would not create conflicts of interest.
When a judge sits on boards helping "victims of domestic abuse", that means the judge is an advocate for such victims, which is also not good, because the judge must be neutral, so when attorneys even admit that they know that a judge puts herself into the position of advocacy, and present it as the judge's good side, rather than a conflict of interest, that tells a lot about competency of attorneys who signed the letter.
But, even if judges would be allowed to advocate for causes that they adjudicate, what kind of advocate the judge is for victims of domestic abuse if she disregards statements of victims of domestic abuse and jails them for not wanting to communicate with their own abuser?
Then, after listing what duties Judge Gorcyca performed as a prosecutor and what entities or units she founded - which is irrelevant to the issue whether she did or did not commit documented misconduct in the Tsimhoni case - attorneys list Judge Gorcyca's awards:
Well, when sycophants bestow awards upon one another, the value of such awards to the community is zero.
The public should not care what is:
- an "Esteemed Woman of Michigan", or
- why Gorcyca got a "Wonder Woman" award, or
- why Gorcyca was named "Crime Fighting Mom" when she was a judge for 4 years already and, supposedly, a neutral adjudicator, not an advocate "fighting crime", and certainly
- it is rather a matter of curiosity why Gorcyca, with all her "achievements", was named "Top Circuit Judge" of 2014, 2015 and 2016 - the years when she was investigated and prosecuted.
These people KNOW what they are doing and WHY.
If they would come with such a "character reference" to court, their case would be thrown out because it is IRRELEVANT what they think and say about the judge always being respectful when DOCUMENTARY EVIDENCE of this particular case, says otherwise.
The question is - whether Judge Gorcyca was acted in an incompetent, dishonest and unfit manner in THIS particular case which is the subject of the complaint.
All the conclusory character references to the contrary, signed by attorneys whose licenses are regulated by the judiciary and who get their piece of bread with salmon from the judiciary, is a very easily discernible brown-nosing and nothing else.
The attorneys do not say - we have read the record of the proceedings, and we, as amici curiae, say that there is not legal basis for charges (they cannot say that, because there is a basis), or that the record is not authentic (they cannot say that, because, most likely, they did not read the record, and there was no question about authenticity of the record, because the record was created by Judge Gorcyca's own court personnel).
This statement is laughable, and especially when it is coming from trial lawyers, 50 of them, because nobody can testify with any degree of certainty about what is happening in another person's mind.
The saddest part of the letter, though (in my opinion, of course) is this paragraph:
Attorneys who, after reading the record that was published and still continue to support the monster judge "without reservation", display that they are desperate to make a living by any means, and a desperate to support the judge no matter what misconduct she commits.
Remember the "kids for cash" scandal in Pennsylvania.
Why the "canaries did not sing" and why the attorneys did not report misconduct of judge Marc Ciavarella when he was SELLING kids into juvenile facilities.
First of all, such a situation cannot be excluded with Judge Gorcyca, after all she is "serving" on so many boards and she and her husband insinuated herself into the local government for so long that anything is possible.
But, that the legal profession would DEFY THE RECORD of misconduct, bad misconduct, egregious misconduct, with such letters of support and even a standing ovation to a judge who committed it - really tells the public who is who.
Well, at least these attorneys outed themselves, so that the public would know who would sell them - to Judge Gorcyca or to another judge.
A single silver lining in this big mess.
Because with all the above misconduct, Judge Lisa Gorcyca was allowed to continue to be a judge.
To the detriment of the public at large and to the joy of sycophants.