Balogh v. Charron

MERRITT, Circuit Judge. A discharged court officer exclusively assigned to an elected Michigan trial judge as bailiff sues the judge on the theory that his discharge for political reasons violates the First Amendment principles enunciated in Elrod v. Burns, 427 U.S. 347, 49 L. Ed. 2d 547, 96 S. Ct. 2673 (1976), Branti v. Finkel, 445 U.S. 507, 63 L. Ed. 2d 574, 100 S. Ct. 1287 (1980), and Avery v. Jennings, 786 F.2d 233 (6th Cir. 1986). He asserts that he was discharged as the judge's court officer or bailiff because he supported the judge's opponent in a recently concluded judicial election. We agree with the decision of District Judge Avern Cohn, reported at 666 F. Supp. 987 (E.D. Mich. 1987), that the bailiff to the judge, like an administrative or legislative aide to a legislator, is a confidential employee. As a judicial aide, his confidential relationship arises because he handles sensitive communications for the judge, acts as his bodyguard and may discuss and learn about the outcome of cases pending before the judge before the decision is announced to the public.