Wade McCree Jr. tested the limits of decency as a Wayne County judge.
Showing clear signs of narcissism, he once texted a shirtless photo of himself to a female court bailiff and then stepped way over the line by having an affair with a woman while overseeing her child support case. That affair included having sex with her in his chambers and sexting her from the bench.
In March, the state Supreme Court removed him from the bench and suspended him without pay for six years, blocking him from running for a judgeship.
Now, the U.S. Supreme Court may end up examining his behavior regarding his affair with the woman who had the child custody before him, Tresa Baldas of the Detroit Free Press reports. The man in the custody case, Robert King, first sued McCree in U.S. District Court in Detroit, saying he was denied access to a fair and impartial judge because of McCree's affair.
The court ruled that McCree couldn't be sued because he had judicial immunity while doing his job. Last week, the U.S. Court of Appeals, according to the Freep, ruled that while McCree's behavior was “often reprehensible,” he is immune from lawsuitsd under the long-held doctrine of judicial immunity.
Joel Sklar, the attorney for King, says he's taking the case to the U.S. Supreme Court.
“There should be no immunity for what happened here," he tells the Freep.
“This conduct is absurd,” Sklar said. “It’s so beyond description. A judge uses his chambers to have sex with a litigant? ... If this isn’t too far, what is too far?”
McCree's attorney Brian Einhorn tells the Freep that McCree made the right decisions in the custody case and says the federal courts ruled correctly when saying his client had judicial immunity. -- Allan Lengel