Detroit voters elect judge who cannot take the bench until 2029

Kahlilia Davis will wait until 2029 to begin her first day on the job after voters in the 36th District Court selected her during the 2026 midterm election. The six-year gap between her victory and her start date stems from a suspension that began in 2023.

The Michigan Supreme Court placed Davis on the bench in 2020. The court accused her of abusing her power and interfering with the work of a court process server. The justices also found that she lied under oath. In that same year, the court suspended her for failing to maintain required video records of court proceedings, a violation of state court rules.

Despite the ongoing suspension, Davis placed her name on the ballot for the 2026 election. She was one of four candidates seeking the seat. Detroit voters chose her over three other contenders, including Jo Irby. Irby, a former judge, ran against Davis and noted that the Supreme Court did not clarify the status of a judge-elect who is currently suspended.

Irby compared the situation to a medical professional who is not yet licensed to practice but is allowed to apply for a position. "Why would you say that if you were to run and win, you can’t sit? That’s almost equivalent to saying you’re not a doctor yet until 2029, but you can apply for a job as a doctor right now," Irby said. She argued that the court's ruling created an ambiguity regarding the eligibility of candidates facing long-term suspensions.

Irby stated she chose not to run negative advertisements against Davis during the campaign. She said she preferred to compete on her own merits and candor. "I don’t want to win anything like that," Irby said. She believed that voters who searched the candidates' names online would have found details of the suspension in Davis's history.

The election results mean that the seat will be held by an individual who is currently barred from performing judicial duties. Davis will not sit on the bench until the suspension period concludes in 2029. The 36th District Court will continue to operate under its current staff until the new judge officially assumes the role.

The situation highlights a procedural gap in how suspended judges are treated during election cycles. Voters selected Davis based on the candidates listed on the ballot, even though her ability to serve is paused by state court order.