Joshua Hambley arraignment

Judge Kenneth Post

(Press File Photo)

Joshua Blanchard

HUDSONVILLE, MI - A judge who was suspended from the bench for 30 days in 2013 by the State Supreme Court is being targeted again by the same attorney, who now claims the Hudsonville jurist made a threatening phone call.

Greenville attorney Joshua Blanchard says he has filed a complaint with the Michigan Judicial Tenure Commission claiming that Hudsonville District Court Judge Kenneth Post left an inappropriate and threatening voicemail for a client.

Blanchard is representing 23-year-old Philip Andrew Mallery, a well-known person at the Hudsonville court who has had a slew of traffic complaints, misdemeanors and a couple of felony charges.

On Friday, June 12, Mallery failed to appear in court after he was arrested by Ottawa County Sheriff's deputies for allegedly driving an unregistered moped without a license and for possessing less than 25 grams of heroin.

Mallery was caught on the moped around 2 a.m. April 27 near 28th Avenue and Port Sheldon Drive. The drug charge stems from a February investigation, according to court records.

Mallery was supposed to show up at 9 a.m. Friday for arraignment on these charges, but failed to do so.

Mallery then received a message on his voicemail with a timestamp of 9:31 a.m. from a person saying "Mr. Mallery, this is judge Kenneth Post calling."

The message goes on to say that Mallery's then-attorney is in the courtroom and tells him he has missed a court appearance and a court-ordered drug test from the day before. The message states that a bench warrant is being issued for Mallery's arrest.

"My strong suggestion is that you ... when you get this message, you keep going because if I find you, it will not be pleasant," the message says. "Have a good day."

Court records show that the judge issued a $5,000 bond for Mallery, to be in effect whenever he was brought into custody.

Mallery then contacted Blanchard, who filed a motion on Tuesday, June 16, calling for Post to recuse himself from the case.

Mallery turned himself in at the jail that same Tuesday and was released on a personal recognizance bond, with a return court date of July 7.

Mallery has a court record that includes misdemeanor operating while intoxicated from 2010, breaking and entering into a vehicle in 2008 - both in Ottawa County - and a January misdemeanor in Wyoming for which he was fined $750.

Hudsonville District Court records show seven traffic violations on file for Mallery.

Mallery faces a maximum of four years in prison if he is convicted of the heroin possession.

Meanwhile, Post is in possession of the motion to disqualify the judge, which accuses Post of engaging in "actions that demonstrate it is biased or prejudiced against Mr. Mallery."

The motion claims the judge's admonition that Mallory "keep going" because it "will not be pleasant" if he is caught shows the bias.

The complaint states that the phone call itself from a judge to a defendant appearing in front of him is highly irregular and shows at least the appearance of impropriety.

Blanchard said if Post refuses to recuse himself, Blanchard will appeal the decision to the 58th District Court's chief judge and beyond to see that the allegations are addressed.

Related: Supreme Court issues 30-day suspension for Hudsonville Judge Ken Post

These are the same allegations contained in a complaint to the Judicial Tenure Commission in Detroit, which Blanchard says he sent out Wednesday, June 17.

That same body in 2012 prosecuted Post for improperly holding attorney Scott Millard in contempt after the attorney objected to the judge's demanding to know if a client would pass a drug test, allegedly in violation of the client's right against self-incrimination.

Blanchard filed the complaint that led to a 30-day suspension, which the judge served in the summer of 2013.

Once a complaint is filed with the Judicial Tenure Commission, no information is available unless the commission decides to seek formal charges against the judge. This is a process that usually lasts more than a year and often longer until it a final

adjudication.

Judge Post was not available for comment.

E-mail Barton Deiters: bdeiters@mlive.com and follow him on Twitter at twitter.com/GRPBarton or Facebook at facebook.com/bartondeiters.5