Judge Kenneth Post is accused of leaving a threatening voice mail for a man who did not appear for an arraignment hearing.

Joshua Blanchard

HUDSONVILLE, MI - An attorney claims a voice mail message from a judge telling his client that because he missed a court date he should "keep going because if I find you, it will not be pleasant" constituted a threat of bias against the defendant.

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

Related: Attorney files complaint against judge, claims he made threatening phone call

Blanchard was the attorney who launched a complaint against Post three years ago that resulted in the judge being suspended from the bench for 30 days in 2013 by the State Supreme Court.

Blanchard is representing 23-year-old Philip Andrew Mallery, who failed to appear in court Friday, June 12, 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 scheduled for a 9 a.m. Friday arraignment hearing, but did not show up.

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 state that Mallery's then-attorney was in the courtroom telling him Mallery 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 the judge issued a $5,000 bond for Mallery, to be set when he was brought into custody.

Mallery has a court record that includes misdemeanor operating while intoxicated in Blendon Township from 2010, breaking and entering into a vehicle in 2008 in Ottawa County and a January misdemeanor in Wyoming where he was fined $750. His Hudsonville District Court record shows traffic violations on file.

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

The motion claims the judge's admonition that Mallery "keep going" because it "will not be pleasant" if he is caught shows the bias and 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, he will appeal the decision to the 58th District Court's chief judge and beyond to see that the allegations are addressed.

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 there is a final adjudication.

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