Will Michigan Supreme Court Justice Hathaway face criminal charges, will she get her pension?

(WXYZ) - Legal experts are saying that Michigan Supreme Court Justice Diane Hathaway may have avoided suspension by the Judicial Tenure Commission by announcing her retirement , but that doesn't mean she won't face criminal charges.

Channel 7 legal analyst Tom Cranmer says that is the big question and he believes it's a possibility.

This all surrounds allegations Hathaway shuffled properties in Michigan and Florida to enable a short sale on one. It was a story first reported by the 7 Action News Investigators.

Both the JYC and the US Attorney's Office have alleged fraud against Hathaway-- the US Attorney's claim is civil for now.

There is also a question of whether or not she should get her pension. The Michigan Republican Party says she should forfeit it so taxpayers won't bear the burden. Hathaway is a Democrat.

But, labor lawyer Deborah Gordon says whatever acts occurred or did not occur were in her role as a private citizen--and that it has nothing to do with her role as a public official.

"I think based on the Michigan law, she would not have to give up her pension," said Gordon.

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