Tenure commission dismisses complaint against Hamtramck judge who berated cancer patient

A state commission that investigates judicial misconduct has dismissed a complaint against a Hamtramck judge who angrily berated a cancer patient because of overgrown weeds outside his home.

The Judicial Tenure Commission said Judge Alexis Krot of 31st District Court in Hamtramck violated a couple of tenets of the Michigan Code of Judicial Conduct when she yelled at Burhan Chowdhury, 72, during a court hearing in January for a ticket he received for unkempt weeds. But it added that she acknowledged her error, took responsibility and apologized.

Krot herself reported the case to the commission.

Related: Hamtramck judge apologizes for berating elderly cancer patient over weeds

The commission cautioned her against any further misconduct in the future.

"We dismiss it with a caution," the commission said of the complaint.

The commission also determined that Krot was not being racist when she admonished Chowdhury, an immigrant from Bangladesh. A video of the hearing went viral earlier this year, leading to widespread criticism of Krot, who was appointed to the bench by former Gov. Rick Snyder in 2016.

Hamtramck has the highest percentage of immigrants among cities in Michigan and a high poverty rate. Some civil rights advocates said Krot's behavior reflected a problem of government officials being hostile to immigrant communities. A petition drive calling for the judge to be removed has garnered more than 303,000 signatures.

During the hearing, Chowdhury appeared to sound sick, gasping for breath and wheezing at times.

"I am a cancer patient, very old, ma'am," he said. "I was then very weak. ... I cannot look after this thing."

Krot wasn't interested in hearing his excuses.

"You should be ashamed of yourself," Krot told Chowdhury during the Zoom hearing that was later posted on Facebook. "If I could give you jail time on this, I would."

The commission determined "that threat was particularly inappropriate," in a letter it sent to Krot dated July 5.

Chowdhury's son, who also attended the hearing, said the property had been cleaned before the court appearance.

The letter added: "You deprived Mr. Chowdhury of his right to provide his explanation for the overgrown vegetation; whether intended by you or not, your interaction caused him humiliation; and you reacted with excessive anger toward an individual appearing before you for the first time, and doing so for a minor infraction."

More: Zoom was big reason Hamtramck hearing drew international attention

The letter was signed by Jon Hulsing, chair of the commission, and sent today to media outlets by Lynn Helland, executive director of the commission. The commission consists of nine attorneys and two administrative staff.

"In recognition of the public interest in this incident, Judge Krot waived her right to keep this letter confidential," Helland said.

"The decision was a decision by the whole Commission, with Chairperson Hulsing signing on behalf of the Commission," Helland told the Free Press.

Krot's attorney, Ken Mogill, issued a statement Monday on her behalf, saying: "Judge Krot is a thoughtful, compassionate judge who made a mistake that the Commission aptly noted was an aberration. Judge Krot and I are grateful to the Commission for considering her excellent record as a judge, her prompt acceptance of responsibility for her mistake and her voluntary self-reporting in deciding how to deal with this matter."

The July 5 letter from the commission describes how the events unfolded.

Chowdhury was issued a ticket "in August 2021 for failing to keep his property free of weeds, trees or other nuisance vegetation. Mr. Chowdhury and his son, Shibbir, appeared before you by Zoom," the letter reads.

During the hearing, "you responded to Mr. Chowdhury’s statement that he was sick and weak by telling him that he should be ashamed of himself and that if you could give him jail time, you would. After you fined him $100, you told him to get the area cleaned up,

as its appearance was 'totally inappropriate.'"

The letter continued: "When Mr. Chowdhury’s son then asked if the fine was forgivable and stated that his father had been ill with cancer and that the area had been cleaned prior to the hearing, you only asked whether he had seen the photo of the area, then stated in a raised voice that it was shameful and that the neighbors should not have to view it, adding that 'if you come back here -- with your yard looking like that, you’re going to jail.' That threat was particularly inappropriate, as a jail sentence is not an option for a civil infraction."

The commission said that Krot violated two canon rules that requires a judge "to be patient, dignified, and courteous" and "to treat every person fairly, with courtesy and respect."

The commission added that it sympathized with Krot, saying: "We understand that your reaction to them may have been due in part to your unusually heavy docket that day, your disappointment that Mr. Chowdhury was one of too many homeowners in your jurisdiction who have neglected their property, and your frustration that the city’s lag in using screen share was slowing the day’s proceedings. We further acknowledge that you became aware of a significant health issue shortly before the hearing. We also appreciate that you have an unblemished discipline history."

Contact Niraj Warikoo: nwarikoo@freepress.com or Twitter @nwarikoo

This article originally appeared on Detroit Free Press: Commission dismisses complaint against Hamtramck Judge Alexis Krot