Michigan Supreme Court candidate may face disbarment — after the election

• Attorney Disciplinary Board could suspend or disbar Michigan Supreme Court candidate Matthew Deperno, but no decision expected by November
• Michigan requires judges to be licensed attorneys, adding fresh uncertainty to his campaign
• DePerno told Bridge the case, along with separate felony charges he’s pleaded not guilty to, are “political persecutions.”

LANSING — Michigan Supreme Court candidate Matthew DePerno is set to defend himself against professional misconduct charges that could jeopardize his ability to serve — but not before the November election. 

“I definitely think it will be after Nov. 5,” Austin Blessing-Nelson, associate counsel for the Michigan Attorney Grievance Commission, said Wednesday in a pre-hearing for DePerno, who is seeking a Republican nomination for the state’s highest court. 

The commission filed a complaint against DePerno more than a year ago — in June 2023 — accusing him of three counts of professional misconduct dating back to his time as an attorney for former state Rep. Todd Courser, who resigned after attempting to cover up an extramarital affair.

If the Attorney Discipline Board finds merit in the complaint, DePerno could have his Michigan law license suspended or be disbarred — which would call into question his ability to serve on the Michigan Supreme Court and injects additional uncertainty into his fledgling candidacy.

Related: 

• Who’s running for Michigan Supreme Court in 2024?
• Private eye, secret informant aided Michigan vote machine tampering probe

DePerno, for his part, told Bridge Michigan he considers the case political persecution by the state and is certain he’ll be vindicated, calling the matter “a booger they can't get off their finger.”

Under the Michigan Constitution, Supreme Court justices "must be persons who are licensed to practice law in this state” and "shall have been admitted to the practice of law for at least five years."

Mark Brewer, an attorney and a former chair of the Michigan Democratic Party, said there are “lots of hypotheticals”  to consider if DePerno is nominated by Republicans, wins election to the state Supreme Court and receives an unfavorable decision from the attorney discipline board.

In that case, “I don't think he could even take office, because he's not qualified,” Brewer said.

But if the board ruled against him after taking office, Brewer said, “he should leave, one way or the other, either voluntarily or by some official action by somebody.” 

Either way, DePerno’s election could raise the possibility of a vacancy on the state’s highest court, which would be a win for Democrats.Gov. Gretchen Whitmer has the power to fill vacancies on the court under the state constitution.

DePerno, who announced his bid for the Michigan Supreme Court last month, lost a 2022 campaign for state attorney general and a 2023 bid to chair the Michigan Republican Party despite endorsements by former President Donald Trump.

He is now battling felony charges for his alleged role in a scheme to tamper with voting machines after the 2020 election in a failed attempt to prove they were rigged against Trump. He’s pleaded not guilty. 

DePerno’s legal and professional jeopardy has the potential to hamstring his bid for the nomination. At their August nominating convention, Republicans will select their candidates for two seats on the Michigan Supreme Court. 

“The Republican Party convention delegates are going to have to make a decision as to whether or not they're willing to take the risk of nominating someone who, if elected, might end up vacating the seat, and they'd be handing the appointment to the governor,” said attorney Steve Liedel, who served as legal counsel to former Gov. Jennifer Granholm. 

DePerno will face lawyer Alexandria Taylor and Circuit Court Judge Patrick O’Grady at the GOP convention in the race to serve the remainder of a term vacated by former chief justice Bridget Mary McCormack. The nominee will face Supreme Court Justice Kyra Harris Bolden, a Democrat appointed by Whitmer, on the November general election ballot. 

In a Wednesday interview, DePerno argued his ongoing legal cases aren’t worth considering because, he alleged, the state has nothing on him.

“I'm very annoyed that it's taking this long, but that's the point of these persecutions against political enemies,” he said. “They want it to take long — that in itself is the punishment. The longer it takes, the more damage they do to people, even though they got garbage cases.”

A member of the Attorney Discipline Board panel overhearing DePerno’s professional misconduct case on Wednesday asked to recuse himself because of what he called the “2020 election controversy.”

"I'm not ready to say that I couldn't be fair in evaluating this, but I would not be able to put out of my mind that this Matthew DePerno is that Matthew DePerno," attorney Nelson Karre said in removing himself from the case. 

The complaint accuses DePerno of filing a frivolous lawsuit, engaging in deceitful conduct and knowingly making false statements, among other things. DePerno unsuccessfully sought to dismiss the misconduct case last fall.