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Byron Konschuch

failing our country

Received 6 year ban from serving as a judge due to misconduct

 

Allegations:

 

  • Deposited at least 42 checks into his bank account when serving as prosecutor
  • Used the money to reimburse for personal spending on office snacks and other expenses

 

https://www.abc12.com/2021/06/11/court-lapeer-county-judge-who-lost-race-gets-6-year-ban-misconduct/

 

Michigan Judicial Tenure Commission recommended he be assessed $74,631.86 in costs due to allegations he misused public funds

 

“Following a hearing before a Master, the JTC recommended that Konschuh be removed from office, conditionally suspended for six years, and assessed $74,631.86 in costs related to allegations that he misused public funds while he was a prosecutor. Konschuh filed a petition to reject or modify the JTC’s recommendation.”

 

https://thecountypress.mihomepaper.com/articles/michigan-supreme-court-to-rule-by-july-on-fate-of-konschuhs-future/

 

Allegation:  made numerous false statements

 

“Konschuh also made false statements and failed to disqualify himself from more than 100 cases despite a conflict of interest with attorneys in those cases, according to the JTC.”

 

https://thecountypress.mihomepaper.com/articles/michigan-supreme-court-to-rule-by-july-on-fate-of-konschuhs-future/

 

Additional charges:

 

  • Misconduct in office, as defined by the Michigan Constitution of 1963, as amended, Article 6, Section 30 and MCR 9.202;
  • Conduct clearly prejudicial to the administration of justice, as defined by the Michigan Constitution of 1963, as amended, Article 6, Section 30, and MCR 9.202(B);
  • Conduct in violation of the standards imposed on members of the bar as a condition of the privilege to practice law, contrary to MCR 9.103(A);
  • Conduct that is prejudicial to the proper administration of justice, contrary to MCR 9.104(1);
  • Conduct that exposes the legal profession or the courts to obloquy, contempt, censure, or reproach, contrary to MCR 9.104(2);
  • Conduct that is contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3);
  • Conduct that violates the standards or rules of professional responsibility adopted by the Supreme Court, in violation of MRPC 8.4, 8.4(c) and MCR 9.104(4);
  • Conduct that violates a criminal law of a state or of the United States, an ordinance, or tribal law pursuant to MCR 2.615, contrary to MCR 9.104(5), including but not limited to MCL 750.175 (embezzlement by a public official
  • RECEIVED by MSC 8/5/2020 11:15:44 AM 31over $50), MCL 750.485 (Public official – failure to account for public money), and MCL 750.249 (Uttering and Publishing).
  • Knowing misrepresentation of any facts or circumstances surrounding a request for investigation or complaint, contrary to MCR 9.104(6);
  • Knowingly providing false and/or misleading statements and/or representations to an officer of the Michigan State Police during a criminal investigation;
  • Conduct involving fraud, deceit, or intentional misrepresentations, contrary to MCR 9.202(B);
  • Conduct involving intentional misrepresentations and misleading statements to the Judicial Tenure Commission, contrary to MCR 9.202(B);
  • Failure to establish, maintain, enforce and personally observe high standards
  • of conduct so the integrity and independence of the judiciary may be preserved, contrary to Michigan Code of Judicial Conduct (“MCJC”) Canon 1;
  • Irresponsible or improper conduct which erodes public confidence in the judiciary, in violation of MCJC Canon 2(A);
  • Conduct involving impropriety and the appearance of impropriety, in violation of MCJC Canon 2(A);
  • Failure to respect and observe the law, contrary to MCJC Canon 2(B);
  • Failure to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary, contrary to MCJC Canon 2(B);
  • Failure to be faithful to the law and maintain professional competence in it, contrary to MCJC Canon 3(A)(1);
  • Failure to disqualify, contrary to MCJC Canon 3(C) and MCR 2.003(C);
  • Failure to disclose possible grounds for disqualification, contrary to MCJC Canon 3(C) and MCR 2.003;
  • Public endorsement of a candidate for nonjudicial office, contrary to MCJC Canon 7;
  • Conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b);
  • A pattern of misconduct in violation of the Code of Judicial Conduct.

 

http://cms1files.revize.com/revize/mjtc/docs/FC100.Commission%20Decision%20and%20Recommendation.pdf (pages 30-31)

 

Appointed by former Republican Governor Rick Snyder (who supported Joe Biden in the 2020 election)

 

https://www.michigan.gov/formergovernors/0,4584,7-212-96477_90815_57657-297939–rss,00.html

 

Charged with 5 felony counts of embezzlement by the Michigan State Police

 

https://www.mlive.com/news/flint/2019/02/commission-alleges-judge-lied-about-past-crimes-made-woman-cry-over-yard-signs.html

 

Link to full complaint filed against him by the Michigan Judicial Tenure Commission

 

http://cms1files.revize.com/revize/mjtc/docs/Request%20for%20Appointment%20of%20Master,%20FC%20100,%20POS.pdf