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Sex for Vengeance
December 15, 2012 permalink
A woman in a family court case found the sure way to win: a sexual affair with the judge. Geniene La’Shay Mott is now pregnant with the child of Wayne County Michigan Circuit Court Judge Wade McCree Jr. At least she had the satisfaction of seeing her ex put in jail by her lover/judge.
Married Detroit judge allegedly slept with child-support plaintiff, let her help choose ex-husband’s sentence [VIDEO]
A Wayne County, Michigan Circuit Court judge is on administrative leave following a report that he impregnated a woman who was a plaintiff in a child-support case before him, and allowed her to help choose the sentence he would impose on her ex-husband.
WJBK Fox-TV2 in Detroit reported that Judge Wade McCree Jr. carried on a lengthy affair with Geniene La’Shay Mott, who sued her ex-husband for child support, after the case was concluded.
“It went from being a summer fling and just something to do to falling in love, promises of marriage, me getting pregnant, us buying a house together, name it,” Mott told WJBK-TV.
McCree, who specialized in sex misconduct cases, made headlines in April for “sexting” a shirtless photo of himself to a female co-worker. When WJBK-TV confronted him with the picture then, he replied, “Hot dog! Yup, that’s me.” (RELATED: Detroit judge sexts nearly nude picture to court bailiff, says “I’ve got no shame in my game”)
Mott said Thursday that she is pregnant and McCree is the father. She also claimed she and the judge “have sex in his chambers very often. … On his desk, in the chair, the couch, you name it.”
She showed WJBK-TV hundreds of text messages the two exchanged, including one in which the judge seemed to acknowledge the ethical line he was crossing.
“My Judicial Tenure Commission has me nervous, as you might expect,” McCree wrote in one. “I have to be real careful until this matter is put to rest… you are the complaining witness on a case that is before me.”
“Naturally if it got out that we were seeing each other before your B.D.’s [baby daddy] case closed, everybody could be in deep (expletive). Why you want to spend time with a man like me remains a mystery, but if you’ll have me… then as Bill Withers said, ‘use me up!’ SMOOCHES.”
According to the Detroit TV news report, Mott had a check McCree wrote from his dead mother’s estate to help her pay for a house for the two to share. She also had text messages in which McCree plotted with her on the sentence he would later impose on her ex-husband for failing to pay child support.
“OK, SO LET’S GO WITH WHAT YOU PROPOSED… GO 2 JAIL (150 DAYS), RELEASE UPON PAYMENT OF $1,500,” the text message read.
“OR, GET A TETHER & BRING BACK W/N 30 DAYS $2500 OR SERVE 9 MONTHS! BONUS: PAY W/N 30 DAYS, REMOVE TETHER. NOW BACK 2 US… WHAT ARE WE DOIN AFTER COURT THURSDAY???”
Mott said that after the sentencing, she went back to McCree’s judicial chambers and had sex with him.
The relationship reportedly came to light after Mott told McCree she was pregnant.
The judge had filed for divorce from his wife on Oct. 11, but she found out about the baby — and reportedly wouldn’t grant the divorce unless Mott aborted her pregnancy.
When Mott refused, WJBK-TV reports, McCree got cold feet. His divorce case was dismissed Nov. 28. Then he reported to the Wayne County, Mich. prosecutor that Mott was stalking and extorting him.
WJBK-TV reporter Charlie Duff showed the text messages to Mott’s ex-husband, Robert King.
“He’s basically listening to her to set me up, I mean a set up,” King said. “I can’t believe this, man. This is my life right here. They’re playing with my life.”
“And she’s pregnant? Wow. What, he’s going to be put on child support? Wow.”
Source: Daily Caller
Addendum: Two years later the Sixth Circuit court court ruled that victim Robert King cannot sue judge McCree.
6th Circuit, Judge of the Day
Shirtless Wade McCree May Be Heading To The Supreme Court
Judge of the Millennium Wade McCree has a special place in the hearts of ATL’s writers. The former Wayne County circuit judge had a penchant for disrobing for shirtless selfies and sex in his chambers, and was consequently disrobed by the Michigan Supreme Court.
On Monday, the Sixth Circuit correctly (if you mean “applying the law as it currently exists,” and “incorrectly” if you mean “adopting the better policy”) held that Judge McCree is immune from a civil suit brought by a man McCree slapped with a tether and high child support payments. The man’s complaint is that while Judge McCree was coming down hard on him, Judge McCree was also coming down hard on the child’s mother — specifically sexting her from the bench and carrying on an affair that ultimately ended in an abortion. The man and his lawyer are seeking an appeal to the Supreme Court.
Is absolute judicial immunity a doctrine worth keeping? Probably not…
In a sense, Wade McCree’s story is a microcosm of everything wrong with the city he calls home — a cocktail of arrogance and extraordinary legal loopholes designed to keep victims locked out of the courts.
Last week, I was in Detroit to see firsthand what happened when a city watched Robocop, a movie about its own dystopian future, and said, “I’ll bet we can one-up that corporate-run hellhole!” Today, in bankruptcy, Detroit has pulled it off. Except without their own Robocop. As much as they’re trying.
This wasn’t always Detroit. Detroit used to act like it had a trademark on “The American Dream” before it got derailed. There are a lot of contributing factors to Detroit’s decline, but one of them was assuredly an arrogance that tethering the entire economy to one industry was going to pay dividends forever.
A generation ago, the House of McCree was doing much better too. The Judge Wade McCree at the center of this story is the son of another Judge Wade McCree. The elder McCree served as Solicitor General and was the first black person to sit on the Sixth Circuit. His son followed in the profession with decidedly less luminous results. The reliability of his father’s brand buoyed the younger McCree’s political fortunes. The younger McCree acted as though his judicial pedigree would allow him to proposition bailiffs and sleep with litigants with no consequences.
And to some extent he was right. While McCree lost his judgeship and was subsequently suspended without pay for 6 years — a remedy the Michigan Supreme Court imposed because they honestly thought McCree could easily win reelection despite the scandal — the Sixth Circuit held that Judge McCree couldn’t be sued for any harms he caused while on the bench, regardless of a now-established record of impropriety.
The doctrine of judicial immunity is enshrined in Bradley v. Fisher, 80 U.S. 335, 348 (1871):
If civil actions could be maintained… against the judge, because the losing party should see fit to allege in his complaint that the acts of the judge were done with partiality, or maliciously, or corruptly, the protection essential to judicial independence would be entirely swept away.
Now, one might think allowing judges to render decisions while boning the other side would undermine faith in the judicial system more, but the Supreme Court didn’t think that way. How convenient. Judges crafted an undemocratic immunity entirely for their own benefit that cuts the victims off from meaningful remedy?
How does McCree’s cloak of absolute immunity play into Detroit’s ills? Well, speaking of undemocratic solutions, the powers that be in Michigan were dealt a blow when voters struck down the so-called Emergency Manager law that allowed the state government to overthrow democratically elected leaders. So a month after that vote, they just re-passed the law. Chutzpah. Emergency Manager Kevyn Orr, formerly of Jones Day, used his power to offer sweetheart deals — rejected and ultimately reduced by Bankruptcy Judge Steven Rhodes — to Merrill Lynch and UBS while seeking a release to shield the banks from liability for suspiciously bad deals that helped push Detroit over the line into bankruptcy. Merrill is now owned by Bank of America, which is a prominent Jones Day client. I’ll let you work out the appropriate equivalency of millions in billables and f**king in chambers.
Could the people of Detroit have gotten some recompense for these deals? We’ll never know. Whether by judicial fiat or legislating over the top of a public vote, the right of victims to have their day in court got short-changed.
Is there any solution? There have been some cracks in the armor of judicial immunity over the years. Justice Powell argued that absolute judicial immunity should not be defended when the legal system provides no alternative remedy to the aggrieved. Stump v. Sparkman, 435 U.S. 349, 369 (1978) (Stewart, J., dissenting). The recent Kids-for-Cash scandal — where Pennsylvania judges trumped up sentences to put kids in privatized juvenile prisons in exchange for kickbacks — would seem like a good case study in how absolute immunity could fail to make victims whole. Stengel, Absolute Judicial Immunity Makes Absolutely No Sense, 84 Temp. L. Rev. 1071 (2012). Thankfully, a judge agreed — determining that parts of the kickback conspiracy exceeded protected “judicial acts.” Judge McCree’s actions are more solidly judicial acts. So the victim of his sexy-time-influenced jurisprudence has to hope the Supreme Court constructs a new standard that carves out exceptions for judicial acts influenced by certain benchmarks of corrupt behavior. It would be a good move for shoring up the credibility of the justice system so it probably won’t even get cert. I mean, SCOTUS can’t be bothered to apply ethical rules to itself.
As for the city’s hopes, the people of Michigan could have a referendum and overturn the Emergency Manager law. Oh, wait, they did that already. I guess they just have to trust that Kevyn Orr has the best interests of the city’s people at heart.
Shutting off the poor people’s water was a good start.
You know the drill, the McCree decision is reprinted in full on the next page….
And thanks to Westlaw for providing resources for researching this article.
Source: Above the Law