Misconduct charge plagues Matt DePerno as he runs for Michigan Supreme Court

Professional misconduct charges—and disbarment—could prevent a Republican candidate from serving out his term, should voters elect him to the Michigan Supreme Court. 

MICHIGAN—Right-wing conspiracy theorist Matt DePerno is asking voters to elect him to the most powerful court in Michigan this year. But depending on the results of a pending misconduct complaint, DePerno may not actually be able to serve on the bench at all. 

DePerno, an election denier and long-time supporter of ex-President Donald Trump, was criminally charged in connection with efforts to access and tamper with voting machines after the 2020 election. He was handily defeated in a bid to unseat Attorney General Dana Nessel in 2022, and then lost a bid to become chairman of the Michigan Republican Party last year.

Last month, he announced a run for the Michigan Supreme Court. But depending on the consequences of pending professional misconduct charges that were filed against DePerno by the Michigan Attorney Grievance Commission, DePerno might not be allowed to carry out his full term on the bench—regardless of whether or not he gets elected, Bridge Michigan reports.

Here’s the deal:

A complaint filed against DePerno last year accused him of three counts of misconduct, reportedly dating back to 2015, when DePerno was reportedly working as an attorney for former state Rep. Todd Courser—who resigned after attempting to cover up a controversial affair.

The allegations reportedly include filing a frivolous lawsuit, deceitful conduct, and knowingly making false statements. DePerno tried (and failed) to have the complaint dismissed last year.

Although the complaint was filed more than a year ago, the Commission just had a pre-hearing on the allegations this week. And if the board ends up finding merit in the complaint, DePerno could have his law license suspended or be disbarred, according to new reporting from Bridge.

So what?

Under clear language included in the state Constitution, DePerno would not be eligible to serve on the Michigan Supreme Court if he were to lose his law license or be disbarred in Michigan.

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,” the constitution reads.

How would that work?

Austin Blessing-Nelson, associate counsel for the Attorney Grievance Commission, told Bridge that the case isn’t likely to be fully resolved until sometime after Election Day—leaving open the possibility that DePerno could be nominated by the Michigan Republican Party, elected to the bench in November, and then be rendered ineligible to be sworn into office on Jan. 1, 2025.

Under that scenario, Gov. Gretchen Whitmer would be able to appoint a replacement judge until another election could be held to fill the rest of the partial term, which expires on Jan. 1, 2029.

Alternatively, the pending misconduct complaint at the Attorney Grievance Commission could drag out into 2025—allowing DePerno to take the oath of office, find his seat on the bench, and then be forced, under the Constitution, to depart the Court mid-way through his partial term.

DePerno, for his part, told Bridge that neither scenario was worth considering because he expects the complaint to be dismissed as the Commission’s proceedings continue this year.

“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.”

What happens now?

DePerno is facing off against two others for the Republican nomination for the partial term. In August, Republicans will hold a state convention to decide whether DePerno should advance to the general election in November to face off against incumbent Justice Kyra Harris Bolden.

Two other Republican candidates—Mark Boonstra and Andrew Fink—are seeking the Republican nomination this year to run for a second seat on the court against Kimberly Ann Thomas, who has been endorsed by the Democratic Party for another open seat on the bench.

Anything else?

Beyond the possibility of DePerno’s disbarment creating a vacancy on the Court, Republicans will also have to consider whether DePerno’s pending criminal charges are worth the gamble.

DePerno (alongside other Republicans) was arraigned last summer on charges of undue possession of a voting machine and conspiracy after five vote tabulators were allegedly taken from three Michigan counties and illegally brought to a hotel room, where Republicans then broke into them to perform a series of “tests” on the equipment, according to court records.

DePerno was named as a “prime instigator” in that case, which has not yet gone to trial.

Because Nessel ran against DePerno in 2022, her office requested—and was granted—a special prosecutor in the case, which has contributed to ongoing delays in prosecution.

Depending on how the case shakes out, however, it could pose another obstacle to DePerno’s candidacy—and any eventual tenure on the Michigan Supreme Court. 

A state judge has ruled that it is a felony, punishable by up to five years in prison, to take a voting machine without a court order or permission. And under the state Constitution, the Supreme Court may censure, suspend, retire, or remove judges for a felony conviction. 

READ MORE: Reproductive rights groups back Bolden for Michigan Supreme Court

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