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Misconduct Report: November 2014

Clinton Canady

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Clinton Canady
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Current Court Information:
30th Circuit Court, Michigan
Service:
Active:   1/2011 - 1/1/2017
Preceded by:   James Giddings
Past position:   Private practice attorney
Personal History
Undergraduate:   University of Michigan
Law School:   University of Michigan
Clinton "Clint" Canady is a judge of the 30th Circuit Court in Ingham County, Michigan. He was elected to this position on November 2, 2010 (effective the following January) to replace retired Judge James Giddings.[1] Canady's current six-year term ends on January 1, 2017.[2][3][4]

Education

Canady received his B.B.A. and J.D. degrees from the University of Michigan.[3]

Career

Canady worked as a private practice attorney for 38 years prior to his election to the circuit court in 2010.[5]

2010 election

Canady defeated Billie O'Berry with 56.72% of the vote in the general election on November 2, 2010.[2]

Main article: Michigan judicial elections, 2010

Notable cases

Michigan court rules on anonymity for bloggers


In July of 2011, the Thomas M. Cooley School of Law in Michigan, filed suit against the blogger known as Rockstar05, a former student at Cooley Law, for defamation. Rockstar05 on his blog titled, “Thomas M. Cooley Law School Scam”, catalogs his complaints against his former school concerning such issues as bar passage rates, admission standards, employment prospects, national ranking, and annual tuition.[6][7]


Cooley subpoenaed Weebly Inc., a California based company that hosts the blog, seeking the identification of Rockstar05. Weebly Inc., due to internal miscommunication, divulged Rockstar05’s email address allowing Cooley access to his real identity.[8] Rockstar05, subsequently, filed a motion for a protective order, but trial court judge Clinton Canady of the 30th Circuit Court in Ingham County, declined to grant it for “reasons stated on the record”.[8] This allowed Cooley to access and use information pertaining to the blog in their case.


On appeal, in an opinion written by Judge William C. Whitbeck, the Michigan Fourth District Court of Appeals held that the trial court had erred in declining the protective order. First, because it found that the trial court had used standards derived from New Jersey and Delaware court opinions and made them applicable to Michigan law; second, because the trial court had failed to proffer reasons on the record for its refusal to grant the protective order; and third because the trial court had made a determination that per se defamatory remarks were outside of First Amendment protections without an actual finding of fault.[8]


The Michigan Court of Appeals then remanded the case back to the trial court to determine if it has the jurisdiction to quash the California subpoena and if Rockstar05 has a right to protect his anonymity under Michigan law.[8]

See also

External links

References

MichiganMichigan Supreme CourtMichigan Court of AppealsMichigan Circuit CourtMichigan District CourtsMichigan Probate CourtsUnited States District Court for the Eastern District of MichiganUnited States District Court for the Western District of MichiganUnited States bankruptcy court, Eastern District of MichiganUnited States bankruptcy court, Western District of MichiganUnited States Court of Appeals for the Sixth CircuitMichigan countiesMichigan judicial newsMichigan judicial electionsJudicial selection in MichiganMichiganTemplate.jpg