To: Judicial Tenure Commission Lynn Helland, Cas Swastek, Attorney General Dana Nessel, Governor Gretchen Whitmer
Hold Wayne County Probate Court Judge David Braxton Accountable for Abuse of Power
I am writing to file a complaint against Judge David Braxton of the Wayne County Probate Court in connection with his conduct in case number 2010-752507-TV. Specifically, his backdated order regarding February 27, 2023, hearing.
Judge Braxton, through his actions, has committed fraud as defined by Michigan Compiled Laws. My specific complaint is as follows:
1. MCL 400.612, which prohibits fraud and misrepresentation:
Judge Braxton, by entering an order in this case and then backdating it, has committed an act that constitutes fraud and misrepresentation. This act has directly affected the due process of my sister’s Kim Marie Edwards case by preventing a timely appeal. The court has accepted payment for the processing of this order, as evidenced by the cashing of our check, yet has procedurally barred her from exercising her right to object to the order due to the manipulation of the dates involved.
2. Judicial Canon 2, which requires a judge to avoid impropriety and the appearance of impropriety:
Judge Braxton has violated this canon by engaging in conduct that not only constitutes actual impropriety but also severely damages the appearance of propriety and fairness essential to the public's trust in the judicial system.
3. Judicial Canon 3, which mandates that a judge performs the duties of judicial office impartially and diligently:
The backdating of the order demonstrates a lack of diligence and impartiality required of a judge. This action has deprived me of the legal recourse to which I am entitled and has cast doubt on the integrity of the judicial proceedings.
The consequences of Judge Braxton's conduct are severe. By backdating the order, the court has improperly denied her the right to argue her objections. Moreover, because of this action, she has missed the critical 21-day deadline to file for a third appeal, effectively denying her access to justice and due process.
Additionally, October 2, 2023 Braxton states that Kim and I have no right to an attorney, will not let an attorney represent Kim, would not let me clarify the false allegations made by opposing parties, has either not let our attorney speak in our behalf or only gave him a brief moment to speak and he want as far as to tell me that I had no rights on February 27, 2024.
Additionally, October 2, 2023 Braxton states that Kim and I have no right to an attorney, will not let an attorney represent Kim, would not let me clarify the false allegations made by opposing parties, has either not let our attorney speak in our behalf or only gave him a brief moment to speak and he want as far as to tell me that I had no rights on February 27, 2024.
In light of the serious misconduct, I urge that an investigation be launched into Judge Braxton's conduct in this matter. The integrity of the Michigan judiciary is at stake, and it is imperative that all judicial officers adhere strictly to the laws and ethical standards which govern their positions. Furthermore, I urge that he be held fully accountable for his abuse of power and that he is prevented from ever abusing his power again.
Thank you for your prompt attention to this grave issue.
Sincerely,
Melissa Edwards
Enclosures: Backdated Order. Proof of cashed check
Why is this important?
This is important to the public because anyone can become a victim of probate court, the abuse, and a tyrannical bias judge. This will not only help my sister and our family but other families in a similar and send a message to those in power that denying some process rights or rights in general is not acceptable and that there will be accountability. .