ALLEN PARK — Suspended Judge Gerard Trudel, 49, can receive $33,528 a year in disability retirement for the rest of his life.

That could happen despite the fact that the Michigan Judicial Tenure Commission is contemplating asking for his removal from the bench.

Because the state Department of Management and Budget’s Office of Retirement Services approved Trudel’s application for disability retirement Monday, he can leave the bench of his own accord.

The tenure commission’s executive director, Paul Fischer, called the application a "con."

Jill Hilliker, administrator of 24th District Court in Allen Park, said Thursday that she did not know if Trudel had taken advantage of the application’s approval.

"We have received no official word," she said.

The State Court Administrator’s Office also had not received official notification of Trudel’s retirement.

Fischer recommended Monday that the tenure commission suggest to the state Supreme Court that Trudel pay $13,000 for expenses incurred by the commission during its investigation of him and repay the money he has received since his paid suspension took effect in July.

As a judge, Trudel is paid $138,400 a year.

The tenure commission was investigating allegations against Trudel ranging from harassment of court employees to sexual impropriety.

Fischer’s presentation Monday was the most recent step in a detailed tenure commission process.

That process included a hearing for about two weeks in October before retired Judge Roman Gribbs, who was appointed by the Supreme Court to preside over the matter.

Trudel submitted the application for disability retirement that month.

However, now he is in the process of opening a new business in Allen Park, the Monterey Music Cafe, with partner Antonio Tucci.

Allen Park Building Offical John Ciotti said they are about a month away from receiving approval for the business on Allen Road.

On the day that Fischer asked the tenure commission to conclude in its report that Trudel should be removed from the bench and should pay the state about $100,000, the retirement application was approved.

"I think it’s outrageous," Fischer said.

Trudel was not paid during his first suspension, which he served from January to April. It was based on misconduct allegations.

After that suspension, he filed an application for workers’ disability compensation for those months.

As a result of a complaint from the tenure commission, the high court suspended him again until a resolution could be found.

In his findings after the October hearing, Gribbs said Trudel’s application for mental health benefits borders on fraud.

The report that the nine-member commission creates will be forwarded to the Supreme Court with other related documents.

Judge Pamela Harwood, a commissioner, would not discuss the matter.

"Our rules of confidentiality prevent me from commenting at this time," she said in a statement.

Commissioner Carole Chiamp said she could not discuss how she felt about the approval of the retirement application because of the pending deliberation.

"I can’t talk about any of this," Chiamp said. "Some portion of that could be in the opinion."

Trudel signed the retirement application Oct. 29, while the hearing before Gribbs was ongoing. Trudel did not appear at about half of those sessions.

"We have an independent medical adviser that reviews medical information and then makes the determination," said Bridget Medina, public information officer for the state Department of Management and Budget, of the retirement approval.

A representative of the state Family Independence Agency, which is responsible for that task, would not speak about the matter.

Medina said that in determining Trudel’s application, the investigators reviewed only medical information.

"Since this decision is a medical determination, the information that they looked at was just medical," Medina said.

Trudel will receive the benefits for the rest of his life if he officially retires.

"The way the law is written, it could be appealed, but the person that would be appealing it would be the applicant," Medina said.

"There would be no reason that I could see why the person in this case would appeal the decision."

In his application for retirement, Trudel listed depression as a condition that limited his ability to work. It affects his concentration and memory and increases anxiety and stress, he said.

He said the illness began to bother him in May 2000.

According to the application, Trudel checked into St. John Hospital in Detroit on July 2, 2000, and stayed there until July 5 for a "psychiatric emergency."

He first took a leave from 24th District Court that month. He has worked at the court since 1993.

His psychologist, Maureen Sinnott, testified in October that she had suggested that he leave town to improve his mental health.

He then spent most of the time in California, which she said had a positive effect on him.

Fischer describes that event as a sham, especially because Trudel continued to communicate with the court during his leave.

In his retirement application, Trudel said he spent time at work through his periods of depression, but the illness caused him to work fewer hours because he had "less desire to be at work."

He said he has been seeing Sinnott since July 2000 for psychotherapy. Trudel also said he has seen Raul Guerrero for medication consultation.

He did not list that he also once saw Harvey Ager, a mental health professional who testified in October along with the others.

He also did not list Robert Erard, a psychologist appointed as the Trudel family counselor.

In his application, Trudel says he stopped working July 2, 2002, when the Michigan Supreme Court suspended him.

"Mental disability was a factor," he wrote.

He listed three medications currently prescribed to him that are used to treat anxiety and depression.

He said he has not received vocational rehabilitation services to help him get back to work and that he does not want any.

Contact Staff Writer Lena Khzouz at 1-734-246-0862 or at lkhzouz@heritage.com.