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When venerable former Michigan Supreme Court Justice Charles Levin, cousin of Senator Carl Levin, was appointed to study the case and make a recommendation to the JTC, Chrzanowski appeared to be in deep trouble. Levin sorted through the evidence and then, amazingly, determined that Chrzanowski had done nothing worthy of removal--or even suspension--from the bench. Levin wrote that channeling cases to "close personal friends" was a common practice and that he couldn't punish Chrzanowski for behavior that "other judges have and...will continue to indulge in." As for the misstatements to police, Levin concluded the judge had not lied because she had "no deliberate intent to deceive."
Levin's opinion provoked outrage from lawyers and editorialists alike. "Everyone should have a level playing field when they walk into a courtroom," said JTC executive director Paul Fischer. "How can it be fair when the judge is sleeping with one of the attorneys?" Said New York University legal ethicist Stephen Gillers: "There's no way of soft-pedaling Chrzanowski's conduct, no way of defending it.'' Wrote the Detroit Free Press: "There's surely something wrong with a system that can't hold [Chrzanowski] accountable." The judge's supporters are few. In her own defense, Chrzanowski released a statement to TIME last week in which she claimed to be a victim of "media hype."
This week the JTC will meet for a one-day hearing to consider Levin's report and make its final recommendation to the Michigan Supreme Court, which can do whatever it wishes, from exonerating Chrzanowski to removing her from the bench. If the judge manages to survive, her 2002 re-election campaign is sure to be one for the books.
--Reported by John U. Bacon/Ann Arbor and Andrea Sachs/New York