NOTE: While my story is ongoing, I am not the only one who has been threatened and had their constitutional rights stepped on.

If you have been emotionally or verbally abused by Judge Michael Schipper in his courtroom, please join me in fighting back. You are not alone.

It is an unfortunate open secret within the West Michigan Legal Community that Judge Michael Schipper of the Barry County, Michigan Court is abusive, abrasive, and ultimately biased in multiple legal matters. He is sentencing based on his own opinion rather than rule of law or other professionals' opinions. I would guess that most people in his courtroom never receive a fair trial. Lawyers charge extra to deal with him. 

 

 

 

 

 

 

He along with the Barry County Assistant prosecutor, Christopher Elsworth, are making undocumented plea deals only to pull the rug out from under defendants and infringe on their constitutional right to a trial. They claim they do this to offer the judge "sentencing discretion." This is categorically false. Especially when he's sitting in the Closed-Chambers listening to the terms of the plea deal and making comments. This is in violation of Michigan Law MCR 6.302(C)(1) as well as the Michigan Code of Judicial Conduct. 

"The court must ask the prosecutor and the defendant’s lawyer whether they have made a plea agreement. If they have made a plea agreement, which may include an agreement to a sentence to a specific term or within a specific range, the agreement must be stated on the record or reduced to writing and signed by the parties. The parties may memorialize their agreement on a form substantially approved by the SCAO. The written agreement shall be made part of the case file."

- Michigan Law MCR 6.302(C)(1) 

How do I know all of this? It happened to my husband.

THE PLEA BARGAIN THEY NEVER INTENDED TO KEEP

On October 26, 2022, my husband was offered an off-the-record plea bargain by Judge Michael Schipper and Assistant Prosecutor Christopher Elsworth. They told him if he plead no contest, that he would not receive jail time in accordance with the victim's wishes. This was a nonviolent crime, and he was a first-time offender. 

During that meeting, they were also reminded of a botched turn-in, resulting in Michigan State Police Troopers Max Taylor and Cody Tucker violating our constitutional rights. In that same documentation was the disclosure of my Complex PTSD from childhood abuse, a condition under United States Civil Rights protection. Judge Schipper and Christopher Elsworth were already well aware of the police misconduct that triggered my condition and did nothing.  Judge Schipper said, "That's between you and the Michigan State Police. I don't care." 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judge Schipper also made vague, unmeasurable demands as part of the plea bargain. There was not a meaningful or structured way to adhere to them. On his lawyer's advice, believing the terms would be honored, my husband took the deal. Neither Judge Michael Schipper or Christoper Elsworth properly documented the terms as required by Michigan law.

THE SENTENCING HEARING

On January 12, 2023, Judge Michael Schipper and Prosecutor Christopher Elsworth engaged in verbally abusive threats, intimidating behavior, and overall misconduct toward me while I was crying in the gallery, all while on court record. They insulted my intelligence, accused me of crimes, and threatened to take my house from me. They had the information in my husband's file. They knew I have Complex PTSD and chose to berate and threaten me anyway. In the presence of the Hastings Banner Editor, the Judge and Prosecutor lied, made false statements on court record, and attacked me without mercy. I sat silent in the gallery crying so I wouldn't be held in contempt of court. I have since contacted the Judicial Tenure Board and am awaiting their decision for investigation. 

The Barry County Court is refusing to give me transcripts, audio, or video, delaying my husband's appeal AND the Judicial Tenure Commission Investigator's work. 

 

 

 

 

 

My husband was supposed to do three years of probation. The Judge sentenced my husband to 10-20 years for a NON-VIOLENT financial crime. Both Judge Schipper and Christopher Elsworth knew my husband helps me homeschool our children. They knew he was going to therapy. They knew he had PTSD from finding his mother dead in 2013. They knew we were trying to put our lives back together and heal. Instead, they decided to do harm instead of honor their word. The Judge refused any type of rehabilitation because he is an inhumane monster.

As this was a surprise and we had no idea they would lie to us, there was no time for me to prepare and get my support system in place. I have been left to work full-time, teach my children, and keep the world spinning while managing my Complex PTSD.

This is the family that Judge Michael Schipper and Christopher Elsworth destroyed. My kids won't see their Dad outside of prison until they are 22-32, or 18-28. A man with so much capacity for good, and these monsters ruined our lives.

 

 

 

 

 

I have been trying for weeks to get the court transcripts; I am still waiting. I also tried to get the courtroom video and audio; my request was denied. 

I have since learned this is not the first time this man has engaged in blatant and arrogant misconduct and violated the Michigan Rules of Judicial Conduct.

Judge Michael Schipper likes to bully those who cannot defend themselves to feel like a big man.

 

 

 

 

 

 

 

 

 

In 2020, he was warned by the Judicial Tenure Commission about his on-brand judicial misconduct: 

 

"20-5

A judge made comments to a reporter about a pending case they were presiding over, in violation of former Judicial Conduct Canon 3(A)(6), which was in effect at that time of their comments. The judge referred to the amount of times the defendant had appeared before them for the same crime, and expressed the judge’s opinion that state law was too lenient towards this type of crime. The judge also indicated to the reporter that they set the defendant’s bond high because of the danger the defendant presented to the community.

The Commission acknowledged that current Canons 3(A)(9) and 3(A)(10) do permit a judge to make certain comments to the public in the course of their official duties, including the explanation of court procedures, statements about proceedings in which they are a litigant, or responses to public allegations about their conduct. In addition, former Canon 3(A)(6) allowed the judge to provide “public information [of your] holdings or actions.” The Commission stated, however, that even had that been the judge’s purpose, the judge’s reference to the defendant’s situation as “crazy,” and the judge’s dramatic emphasis of the crime, went beyond an acceptable explanation of their bond decision.

The Commission determined that the judge’s remarks not only violated former Canon 3(A)(6), which forbade any public comment about a pending case, they also violated current Canon 3(A)(6), in that they might have reasonably been expected to affect the outcome or impair the fairness of the pending case. The Commission noted that the judge presided in a lightly populated jurisdiction, and their inflammatory comments could have had an impact on the circuit judge’s decisions in the case, as well as the likelihood that the comments could likely have been heard by potential jurors.

The Commission commended the judge for their candid acknowledgement of their violation of both former and current Canon 3(A)(6), found that the violation was unintentional, and noted that the judge had no prior disciplinary record. The Commission dismissed the matter with a caution to the judge to be mindful of public comments about active cases in the future."

Here's the offending article that got him in trouble: https://www.woodtv.com/news/judge-on-12-time-drunken-driving-offender-its-crazy/

Both he and Assistant Prosecutor Christopher Elsworth are fully aware that Barry County Jail requires many, many unfunded important fixes, such as a fence that prevents inmates from ever going outside, violating their Eighth Amendment rights. This is not breaking news. This has been documented in the Hastings Banner. Judge Michael Schipper is highly unethical,  a danger to due process, and completely flouting the Michigan Rules of Judicial Conduct.

Additionally, he is making it more difficult and time-consuming to file in his court, finding yet another way to impede on due process:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If he is blasting information to the press before sentencing, accusing people of crimes without evidence, lying about plea bargains, no one is safe and the system is rigged against all of us. I know we are not the only family affected. We are just the first to come forward and publicly speak out against this misconduct.

This behavior is not acceptable for people who vow to uphold the law and honor the constitution. If people like Judge Michael Schipper and Assistant Prosecutor Christopher Elsworth stay in power, they will only further abuse the system for their gain. Any misconduct, is too much misconduct.

A preliminary investigation against Assistant Prosecutor Christopher J. Elsworth is also in its early stages. I am certain there is still so much to be uncovered. 

 

 

 

 

 

To the Michigan Judicial Tenure Commission: we urge you to investigate and consider removing Judge Michael L. Schipper from the bench. This is necessary to prevent him from infringing on due process and further destroying people's lives.