Eastern District of Michigan

Judge Jonathan Grey – Nominee to the U.S. District Court for the Eastern District of Michigan

Just last year, federal prosecutor Jonathan Grey was tapped to be a U.S. Magistrate Judge on the Eastern District of Michigan. Grey has now been nominated for a lifetime appointment on the court.

Background

Jonathan James Canada Grey received a B.Sc. from Morehouse College in 2004 and a J.D. from the Georgetown University Law Center in 2007. He then clerked for Judge Willie Sands on the U.S. District Court for the Middle District of Georgia and for Judge Damon Keith on the U.S. Court of Appeals for the Sixth Circuit.

After his clerkships, Grey returned to the firm of Seyfarth Shaw, where he had briefly worked before clerking, but left after just a year to become a federal prosecutor in the U.S. Attorney’s Office for the Eastern District of Michigan. In 2016, he shifted to the U.S. Attorney’s Office for the Southern District of Ohio.

In 2021, Grey became a U.S. Magistrate Judge on the Eastern District of Michigan, where he currently serves.

History of the Seat

Grey has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on May 1, 2022, when Judge Denise Hood moved to senior status.

Legal Career

Grey started his legal career at the firm of Seyfarth Shaw but then spent approximately a decade as a federal prosecutor in Michigan and Ohio. Among the matters he handled as a federal prosecutor, Grey defended the Internal Revenue Service’s failure to file complaints alleged tax evasion against businesses within 90 days of seizure of assets. See Ed White, Feds Returning $205K to Businesses Targeted by IRS, A.P. State & Local Wire, Nov, 20, 2013. Judge Sean Cox ordered the return of the seized funds. See id. While in Ohio, Grey tried the case against Richard Jerel Doyle for illegally possessing a firearm. Northern Ohio Felon Sentenced to 100 Months for Illegally Possessing a Firearm, States News Service, Apr. 7, 2017. Doyle was convicted after a two day jury trial and was sentenced to a prison term of 100 months by Judge Edmund Sargus. See id.

While Grey was with the U.S. Attorney’s Office for the Eastern District of Michigan, Judge David Lawson threw out a conviction in a case he was handling (it is unclear if Grey was trial counsel or joined the case post-trial) for a violation of Brady (the Brady rule requires prosecutors to turn over all exculpatory or mitigating evidence). See United States v. McClellon, 260 F. Supp. 3d 880 (E.D. Mich. 2017). Specifically, Judge Lawson ruled that the government should have turned over information that a key police witness had been suspended for false statements but also noted: “The Assistant United States Attorney cannot be faulted here for the nondisclosure.” Id. at 884.

Political Activity

Grey’s only donation of record that could be found was a $50 donation in 2016 to Charles Hill, a Democrat running for mayor of Stonecrest, Georgia.

Jurisprudence

Grey has served as a federal magistrate judge since his appointment in 2021. One of Grey’s duties as magistrate judge is to issue Reports and Recommendations on substantive motions for the district judge. See, e.g., Huizar v. Comm’r of Soc. Sec., 2022 U.S. Dist. LEXIS 119873 (E.D. Mich. Mar. 4, 2022). During his short tenure, Grey has had a handful of his recommendations rejected in part. For example, Judge Terrence Berg rejected in part Grey’s report recommending the granting in part of motions for summary judgment in an ERISA suit. See Washington v. AT&T Umbrella Ben. Plan No. 3, 2022 U.S. Dist. LEXIS 177510 (E.D. Mich. Sept. 29, 2022). Similarly, Judge Shalina Kumar rejected Grey’s recommendation that a plaintiff’s First Amendment retaliation claim be dismissed. See Seymoure v. Ferguson, 2022 U.S. Dist. LEXIS 179603 (E.D. Mich. Sept. 30, 2022).

Overall Assessment

Given the compressed timeline this year for judicial nominations, it is looking less likely that Grey will be confirmed to the Eastern District before the end of the Congress. However, his nomination should be relatively uncontroversial before the next Congress.

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Judge F. Kay Behm – Nominee to the U.S. District Court for the Eastern District of Michigan

Judge Frances Kay Behm, who has been tapped for the federal bench in Michigan, currently serves as a state court judge based out of Flint.

Background

Frances Kay Behm received a B.A. from the Albion College in 1991 and her J.D. from the University of Michigan Law School in 1994.

After graduation, Behm joined the office of Braum Kendrick Finbeiner as an associate. In 1997, Behm moved to the firm of Winegarden, Haley, Lindholm & Robertson. In 2008, Behm became a solo practitioner. In 2009, Behm was appointed to the Genesee County Circuit and Probate Court by Governor Jennifer Granholm. She has served on the court ever since, currently assigned to the Family Division.

History of the Seat

Behm has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on August 6, 2021, when Judge David Lawson moved to senior status.

Legal Career

Behm has held two primary positions in her pre-bench career. From 1994 to 1997, Behm worked as an associate at Braum Kendrick Finbeiner in Saginaw. Then, from 1997 to 2008, Behm was an associate with Winegarden, Haley, Lindholm & Robertson in Flint. In both positions, Behm focused on business litigation and property law.

Political Activity

Before her appointment to the bench, Behm made a handful of political donations, including to Granholm and to Sen. Hillary Clinton.

Jurisprudence

Behm has served as a probate judge in Genesee County since her appointment in 2009. Behm has also migrated through the other divisions on the court, including the family division, where she currently serves.

Among the criminal cases she handled on the bench, Behm sentenced Allen Brown of Flint to 22.5 to 45 years in prison upon his plea to second-degree murder. In the strangulation-related death of Jessica Flood, Behm sentenced Aaron Thornton to a minimum of 25 years in prison.

In 2021, Behm was sued in federal court by pro se plaintiff Ca’ron Lloyd, who alleged damages against several defendants arising from his arrest and conviction before Behm. See Lloyd v. Drigett, Case No. 2:20-cv-13099, 2021 U.S. Dist. LEXIS 81157 (E.D. Mich. Apr. 28, 2021). Judge Sean Cox dismissed Behm from the suit for judicial immunity but allowed the suit to proceed against two of the defendants. See id. at *9.

Overall Assessment

While Behm has served on the state bench for approximately a dozen years, and as an attorney for another dozen before that, her background in probate and family law is still unusual as a path to the bench.

Nonetheless, Behm’s record as a jurist lacks any significant notes of controversy and, as such, is not likely to attract significant opposition.

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Judge Shalina Kumar – Nominee to the U.S. District Court for the Eastern District of Michigan

Chief Judge Shalina Kumar from the Oakland County Circuit Court, is President Biden’s first nominee to the Eastern District of Michigan. If confirmed, Kumar would be the first Indian-American on the court.

Background

Shalina Deborah Kumar received a B.A. from the University of Michigan in 1993 and her J.D. from the University of Detroit Mercy School of Law in 1996.

After graduation, Kumar joined the office of Sommers, Schwartz, Silver & Schwartz PC as an associate. In 2004, Kumar moved to the firm of Weiner & Cox PLC. In 2007, Kumar was appointed to the Oakland County Sixth Circuit Court by Governor Jennifer Granholm. Kumar has served on the court ever since, including serving as Chief Judge since 2018.

History of the Seat

Kumar has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on February 24, 2021, when Judge Victoria Roberts moved to senior status.

Legal Career

Kumar has held two primary positions in her pre-bench career. From 1997 to 2004, Kumar worked as an associate at Sommers, Schwartz, Silver & Schwartz PC. Then, from 2004 to 2007, Kumar worked at the firm of Weiner & Cox PLC. In both positions, Kumar focused on commercial litigation, working on medical malpractice, and wrongful death, among other matters.

Political Activity

Kumar has occasionally given to political and judicial candidates. She was particularly active in the 2020 cycle, giving to President Biden, as well as Michigan Supreme Court Justices Bridget McCormack and Elizabeth Welch, as well as Indian American Democratic State Representatives Padma Kuppa and Ranjeev Puri.

Jurisprudence

Kumar has served as a circuit court judge in Oakland County since her appointment in 2007. In this role, she presides over civil claims over $25,000 and all felony criminal cases. Some of Kumar’s more prominent cases are summarized below.

Kid Rock Lawsuit

Early in her time on the bench, Kumar presided over a defamation and harassment lawsuit filed by rocker Kid Rock against Novi native Kelly Ann Kozlowski. See Judge Fed Up with Kid Rock For No-Show in Lawsuit Deposition, A.P. State & Local Wire, Nov. 15, 2007. After Kid Rock failed to show up for a court-ordered deposition, Kumar threw out his lawsuit and entered a default judgment on Kozlowski’s claims against him. See id. A jury later threw out Kozlowski’s suit.

Recall Drive

In 2007, Kumar ruled that a recall petition against Rep. Marie Donigan with the Michigan House of Representatives could not go before voters because it was unclear. See Donigan v. Oakland County Comm’n, LC No. 2007-087516-CZ, Shalina Kumar, J. The Michigan Court of Appeals reversed Kumar’s decision, finding that she erred “by failing to uphold defendant’s approval of the petition language.” See Donigan v. Oakland County Comm’n, 755 N.W.2d 209, 212 (Mich. App. 2008).

Ben Wallace

In 2011, Kumar presided over DUI and gun possession charges against Detroit Pistons player Ben Wallace, and sentenced him to a year in probation, fines, and 30 hours of community service. See Corey Williams, Ben Wallace Gets Probation For DUI, Gun Charges, A.P. State & Local Wire, Dec. 13, 2011.

Tucker Cipriano

In 2012, Kumar presided over the case of Tucker Cipriano, charged with murdering his father and attacking his family with a baseball bat while under the influence of K2. Kumar sentenced Cipriano to life in prison after a no contest plea, while sentencing co-defendent Mitchell Young, who was convicted at trial, also to life in prison. See Life Sentences Given in Bat Attack on Mich. Family, A.P. State & Local Wire, July 24, 2013.

Overall Assessment

With a decade in private practice and fifteen years on the bench, Kumar has established a record of legal experience that would serve her well as a federal judge. Additionally, her time on the bench has established a reputation as a judge that’s not afraid to be bold. While senators may question Kumar’s reversal in the Donigan recall case, or her sentence of probation for Ben Wallace, Kumar is ultimately likely to attract the support needed to be confirmed.

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Judge Stephanie Davis – Nominee to the U.S. District Court for the Eastern District of Michigan

Judge Stephanie Davis is one of two Michigan nominees nominated as part of a deal between the White House and Michigan’s Democratic Senators.  While the other nominee, Michael Bogren, was forced to withdraw due to Republican opposition, Davis has been widely approved by the Senate Judiciary Committee, refreshing given her left-of-center background.

Background

Davis was born Stephanie Renaye Dawkins in Kansas City Missouri in 1967.  Davis received a B.S. from Wichita State University in 1989 and her J.D. from the Washington University School of Law in 1992.[1]

After graduation, Davis joined the Detroit office of Dickinson Wright PLLC.[2]  In 1997, Davis joined the U.S. Attorney’s Office for the Eastern District of Michigan as a federal prosecutor.[3]  In 2010, newly appointed U.S. Attorney Barbara McQuade chose Davis to be Executive Assistant U.S. Attorney.[4] 

In 2016, Davis was appointed as a U.S. Magistrate Judge in 2016 where she still serves.

History of the Seat

Davis has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan.  This seat opened on October 26, 2016, when Judge Gerald Rosen moved to senior status.  With the vacancy opening with only a couple of months left in the Obama Administration, no nominee was put forward to fill it.

In July 2017, Davis applied for the vacancy with a selection committee by Michigan Senators Debbie Stabenow and Gary Peters.[5]  Davis was recommended to the White House by the senators in December 2017.  After extensive negotiations, Davis was nominated on March 11, 2019.

Legal Career

Davis has held two primary positions in her pre-bench career.  From 1992 to 1997, Davis worked at the Detroit office of Dickinson Wright PLLC, where she focused largely on commercial litigation.  Then, from 1997 to 2016, Davis worked as a federal prosecutor, including as the Executive Assistant U.S. Attorney, the second in command to then-U.S. Attorney Barbara McQuade, from 2010 to 2016.

Notably, Davis prosecuted Sohrab Shafinia, a Farmington doctor, for writing prescriptions for controlled substances in exchange for cash payments.[6]  She also helped prosecute Detroit officials for taking bribes and kickbacks and conspiring to defraud retirees.[7]

Political Activity

Davis’ political activity has exclusively been in support of Democrats.  For example, Davis served with the transition team of Detroit mayor Dennis Archer in 1993 and volunteered to conduct election protection for the Obama campaign in 2008.[8]  She also gave $250 apiece to the Obama campaigns in 2008 and 2012.[9]  Furthermore, Davis was a member of the American Constitution Society, an organization of left-leaning lawyers and law students, from 2008 and 2016, and served on the Board of the Detroit Chapter of the group between 2012 and 2015.[10]

Jurisprudence

Davis has served as a U.S. Magistrate judge since her appointment in 2016.  In this role, she handles settlement, discovery, and makes recommendations on dispositive motions.  She also presides over cases where the parties consent.  Between 2016 and 2019, Davis presided over sixteen civil cases that proceeded to judgment.[11]  Davis’s more prominent trials include a Computer Fraud Act case against a former employee who stole information before setting up a competitor,[12] and a bench trial arising from a traffic collision at Fort Meade.[13]  Additionally, in another matter, Davis denied summary judgment against Muslim plaintiffs who argued that they were denied calorically equivalent meals during their fasts for Ramadan.[14]

Overall Assessment

While fellow Michigan nominee Bogren faced scrutiny for his legal advocacy, Davis has received bipartisan support in the Senate Judiciary Committee.  As such, one can predict a relatively comfortable confirmation for the experienced jurist.

[1] Sen. Comm. on the Judiciary, 114th Cong., Stephanie Davis: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Id.

[5] Id. at 58.

[6] Michigan Physician Guilty of Conspiracy to Distribute Controlled Substance, Targeted News Service, Sept. 3, 2009.

[7] Jury Convicts Former Detroit City Treasurer, Pension Officials of Conspiring to Defraud Pensioners Through Bribery, U.S. Fed News, Dec. 8, 2014.

[8] Id. at 40.

[10] See Davis, supra n. 1 at 4.

[11] See id. at 12.

[12] Am. Furukawa, Inc. v. Hossain, 2017 U.S. Dist. LEXIS 161650 (E.D. Mich. Sept. 29, 2017).

[13] United States v. McNeill, Traffic Violation No. 2359730.

[14] Conway v. Purves, 2016 U.S. Dist. LEXIS 128171 (E.D. Mich. Aug. 1, 2016), report and recommendation adopted, 2016 U.S. Dist. LEXIS 127648 (E.D. Mich. Sept. 20, 2016) (Parker, J.).

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