Judges
Justice Weaver Lays Out Plan to De-Politicize the Court
Jan/25/11 18:06
The Michigan Supreme has come under a great deal of criticism for the political nature of the Court. A University of Chicago Law Review found the Michigan Supreme Court the worst state supreme court in the entire country. See also: Jack Lessenberry, Metro Times - News+Views: Let's make a deal, One of the principal charges is that the Court is too partisan and that the politics of the judges control the substances of the rulings.
As a result of this, Michigan is taking a serious look at changing the way we select judges. This move has broad cross-party support. Democratic Justice Marilyn Kelly and Republican Sixth Circuit (and former Michigan Supreme Court Justice James P. Ryan) are chairing a task force on this reform. The reform movement is supported by the conservative Grand Rapids Press, the Muskegon Chroncile, and other Michigan papers have supported this change. This is particularly timely, in lieu of the charges that in the last election, corporations with a financial stake in future rulings invested heavily in the judicial races.
According to the Michigan Law Blog, former Justice Elizabeth Weaver came forward with a multi-faceted plan to depoliticize Michigan’s Supreme Court. Her suggestions are interesting, but one has to question whether Justice Weaver’s name has become so tarnished that she cannot be the message bearer for these proposals.
An elected judiciary (particularly after the Citizens United ruling) is particularly troubling. In Citizens United v Federal Election Commission, 103 SCt 876 (2010),the United States Supreme Court struck down limits on campaign spending by outside organizations. People want a neutral judiciary and most jurists want to provide this service to the public, but as justices need to raise money, fend off attack adds, etc., it makes it very difficult for a judge or justice not to consider his/her own political career when ruling on a case.
As a result of this, Michigan is taking a serious look at changing the way we select judges. This move has broad cross-party support. Democratic Justice Marilyn Kelly and Republican Sixth Circuit (and former Michigan Supreme Court Justice James P. Ryan) are chairing a task force on this reform. The reform movement is supported by the conservative Grand Rapids Press, the Muskegon Chroncile, and other Michigan papers have supported this change. This is particularly timely, in lieu of the charges that in the last election, corporations with a financial stake in future rulings invested heavily in the judicial races.
According to the Michigan Law Blog, former Justice Elizabeth Weaver came forward with a multi-faceted plan to depoliticize Michigan’s Supreme Court. Her suggestions are interesting, but one has to question whether Justice Weaver’s name has become so tarnished that she cannot be the message bearer for these proposals.
An elected judiciary (particularly after the Citizens United ruling) is particularly troubling. In Citizens United v Federal Election Commission, 103 SCt 876 (2010),the United States Supreme Court struck down limits on campaign spending by outside organizations. People want a neutral judiciary and most jurists want to provide this service to the public, but as justices need to raise money, fend off attack adds, etc., it makes it very difficult for a judge or justice not to consider his/her own political career when ruling on a case.
Michigan Supreme Court Adopts New Disqualification Rules: Is the Glass Half Empty or Full?
Nov/30/09 07:26
A new rule promulgated by the Michigan Supreme Court allows justices to disqualify each other from cases. Previously each justice decided whether he or she was unbiased and rarely gave an explanation for the decision. The new rule has produced extraordinary reaction from the bench. Read More...
What is Judicial Activism?
Sep/19/08 08:00
War in the Macomb Circuit Court: Prosecutor Refuses to Offer Plea Bargains in Judge Biernat's Court
Sep/18/08 11:02
Can Judges Hear a Case Which Might Eliminate Their Jobs?
Sep/01/08 15:02
The voter’s of Michigan will probably have a chance to vote on a proposal which will downsize the size of Michigan’s Supreme Court. The proposed initiative is being constitutionally challenged and is currently before the Michigan Supreme Court. The Court has scheduled oral arguments on the application for leave to appeal. As part of the order, the Court also denied the motion to disqualify two members of the Court from sitting on the Court. The plaintiff’s argued that the very judges whose job was being eliminated could not heard the case because they had a personal interest in keeping their job. The two justices disagreed invoking the “rule of necessity” which says that if it is impossible for an unbiased court to hear the case, then the judges can sit. Two other justices joined in this opinion. Justice Kelly has promised her separate opinion in short order.
