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Misconduct Report: November 2014

John McBain

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John McBain
McBain.jpg
Current Court Information:
4th Circuit Court, Michigan
Title:   Judge
Service:
Active:   2003-2020
Chief:   2010-2011
Past position:   Prosecuting attorney, Jackson County
Past term:   1996-2002
Personal History
Born:   1969
Party:   Democratic
Undergraduate:   Michigan State University, 1982
Law School:   Thomas M. Cooley Law School, 1987
Candidate 2014:
Candidate for:  4th Circuit Court
Position:  Unopposed
State:  Michigan
Election information 2014:
Incumbent:  Yes
Election date:  11/4/2014
Election vote:  ApprovedA

John McBain is a judge for the 4th Circuit Court in Jackson County, Michigan. He was elected to the court in November 2002 and assumed office in January 2003. McBain was then re-elected in 2008 for a six-year term expiring on January 1, 2015.[1] He served as the chief judge of the court from January 1, 2010, to December 31, 2011.[2][3] McBain was most recently re-elected unopposed on November 4, 2014, for another six-year term commencing on January 1, 2015, and expiring on December 31, 2020.[4]

Elections

2014

See also: Michigan judicial elections, 2014
McBain ran for re-election to the 4th Circuit Court.
General: He was unopposed in the general election on November 4, 2014.[4]
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Education

McBain received his undergraduate degree from Michigan State University in 1982 and his J.D. degree from the Thomas M. Cooley Law School in 1987.[2]

Career

2012 leave of absence

Beginning September 2012, McBain took a three month paid leave of absence for medical and personal reasons.[5] Retired Judge Edward Grant was appointed to serve in his absence.[6] McBain returned to the court on December 17th, stating: "I came back as quickly as I could, as my health would allow."[7]

Notable cases

Judge rejects father's no-contest plea in baby assault case

Due to the gruesome nature of the case, Judge McBain did not accept a no-contest plea from a man accused of beating and sexually assaulting his then three-month-old daughter. As a result of her massive injuries, his daughter was placed on life support at the University of Michigan Hospital. "He is either going to trial on Monday or he is going to plead guilty," McBain said of Kirk Coleman. According to Michigan Live, "McBain refused to drop first-degree criminal sexual conduct for attempted criminal sexual conduct," and the judge asked: "How am I going to establish he knowingly and intentionally attempted criminal sexual conduct?"[8]

Judge gives sentence to look at photo of woman killed

In May 2008, Judge McBain sentenced David Smith, convicted of killing a woman while driving drunk, to ten to twenty-two years in prison. In addition, he ruled that a picture of the victim be hung in Smith's jail cell.[9]

Judge to convicted murderer: "I hope you die in prison"

On April 16, 2014, Camia Gamet was sentenced to life in prison without parole for the murder of her boyfriend, Marcell Hill. Hill's body sustained twelve stab wounds and blunt force trauma to the head. While Hill's family expressed their grief in court, Gamet laughed and rolled her eyes. Judge McBain then threatened to duct tape her mouth shut. As he handed down his sentence, Judge McBain stated: "I agree with the family, I hope you die in prison as well and if this was a death penalty state you'd be getting the chair."[10]

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