Judge Kenneth Post’s suspension for jailing Miel & Carr lawyer begins

In December 2011, attorney Scott Millard was in the 58th District Court representing a client on a charge of Minor in Possession of Alcohol. Mr. Millard was simply in court for an arraignment — a hearing at which time the judge tells the accused what he is charged with and sets bond conditions, if necessary. It’s been no secret that Judge Kenneth Post takes a fairly harsh stance on MIP cases (http://www.woodtv.com/dpp/news/The_MIP_hanging_judge), but nobody expected Judge Post to act the way he did that day.

You can read the allegations against Judge Post as well as the transcript of the exchange between Post and Millard: FC90.formalcomplaint (1).

Following the exchange outlined in the JTC formal complaint, Mr. Millard was taken to the Ottawa County jail. Approximately three hours later, lawyers from our firm obtained an order from the Circuit Court overruling Judge Kenneth Post and releasing Mr. Millard. After our successful appeal of the contempt citation, the Judaical Tenure Commission filed a formal complaint against Judge Post alleging that he violated the Canons of Judicial Ethics and requesting that he be suspended from office without pay. On May 1, 2013, the Michigan Supreme Court adopted the recommendations of the JTC and ordered that Judge Post be suspended from office for 30 days without pay. This suspension was ordered to begin on May 22, 2013.

During Judge Post’s suspension, the students at GVSU who are accused of MIP, will be appearing in front of a different judge. Only time will tell whether Judge Post changes his policies going forward. If you have been accused of MIP or another crime in the 58th District Court, perhaps you would do well to hire an attorney who is willing to fight for you. If you would like to discuss your case, call us at (616) 773-2945.

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