The Michigan Judicial Tenure Commission is recommending to the state Supreme Court that a Lapeer County judge be removed from the bench for alleged judicial misconduct, the panel announced Wednesday.

Byron Konschuh, who serves the 40th Circuit Court, had been the focus of a formal complaint the commission filed in February 2019 alleging that he committed violations before and during his tenure as the county prosecuting attorney as well as after he became a judge. 

In a statement Wednesday, the commission cited embezzlement of public funds while Konschuh was a prosecutor, “false statements he made in various contexts while he was a judge (including under oath), and failure to disqualify himself from more than 100 cases in which he had a conflict of interest caused by his relationship with a party in those cases.”

The decision has been filed with the Supreme Court, according to the notice. 

“Given his patent unfitness to serve in the judiciary, the appropriate sanction should include removal with a six year suspension,” the commission wrote in its filing.

Konschuh could not immediately be reached for comment Wednesday night.

The judge is seeking reelection and was on the ballot in Tuesday’s primary election. He and Mike Hodges won 29.67% and 41.22% of the vote, respectively, in their bid to gain a six-year term on the 40th District Court, state records show.

“Thank you everyone for your support! The primary is now over, and Judge Konschuh will face off against his challenger in the general election, which will be held on Tuesday, November 3rd,” his campaign posted on Facebook.

According to his reelection website, Konschuh started working as an assistant prosecuting attorney for the Lapeer County Prosecutor’s Office, rose to chief assistant prosecutor in 1992, then was elected prosecuting attorney in 2000.

Konschuh was appointed to the 40th Circuit Court in 2013 to fill a vacancy created by the retirement of Judge Michael Higgins. He was elected to a full term the next year.

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