Michigan Politics
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.
The Great Recession Has Forced a New Exploration of Rehabilitation Instead of Retribution in Sentencing
Mar/22/10 06:45
An interesting debate as been growing in the media about whether refocusing the criminal justice system back towards rehabilitation is a smart budget cutting move. Michigan Department of Corrections Director Patricia Caruso has channeled significant resources into rechanneling corrections towards community based supervision and away from incarceration. Despite significant evidence that this works, vast improvements criminogenic predictive tests, and technology for enhanced supervision, prosecutors continue to argue that the only cure is long prison sentences. Earlier this month, the New York Times had a fascinating story about this. Meanwhile a report from Texas (of all states) notes a significant cost savings and reduction in reoffenses in cases utilizing a similar approach. To read the story, click here. Similarly, a report from the National Conference of State Legislatures notes similar trends in many states. For more information on these sentencing/parole predictors from an academic perspective, explore this article (pay access) by Professors Davis, Severy, Kraus, and Whitake
Wendrow Family May Face a Steep Climb to Justice
Sep/17/08 00:05
"Reform Michigan Government Now" Opinion Finally Released
Sep/09/08 22:35
Yesterday, I reported on the Supreme Court’s opinion in Reform Michigan Government Now v State of Secretary of State. I also noted that the official opinion had not been released. Today, the opinion was finally released. While the decision is 6 to 1 (Justice Kelley dissented), there are numerous different theories in the opinion and there is clearly no majority as to reasoning. The Court of Appeals had held that the proposal was too complex to be summarized in under 100 words (as required by the constitution). Ironically, the day after the Court of Appeals handed down its ruling, the Board of Elections created a 100 word summary which did a nice job of summarizing the ballot initiative.
Michigan Supreme Court Keeps "Reform Michigan Now" Initiative Off the Ballot
Sep/08/08 18:00
Today, a divided Michigan Supreme Court today upheld the Court of Appeals decision to bar the so-called Reform Michigan Government Now proposal from going before voters in November. The Court found that multi-faceted proposal could not be considered as a singular ballot initiative. The ruling (not yet available on the Court’s website) was reported by both the Lansing State Journal and the Detroit Free Press. A great summary of the defunct proposal appears on the website of the conservative Mackinaw Center for Law and Public Policy. Their website even includes a summary prepared by the UAW. Michigan State University has also posted a great summary, including many of the source documents.
The Supreme Court majority consisting of Chief Justice Clifford Taylor and Justices Michael Cavanagh, Maura Corrigan, Stephen Markman, Elizabeth Weaver and Robert Young Jr. -- said the Reform Michigan Government Now proposal to enact three dozen constitutional changes, including pay cuts for elected officials, reductions in the size of the Legislature and appellate judiciary, and changes in redistricting rules, was too broad to be addressed by the amendment process and could not be adequately explained on the ballot in 100 words as required. Justice Marilyn Kelly dissented, suggesting the court was leaving open to question the standards for future proposed amendments.
The Reform Michigan Government Now proposal, drafted and supported by top state Democratic Party insiders, was challenged by a group of elected officials and interest groups led by the state Chamber of Commerce. According to an internal Reform Michigan Government Now memo inadvertently released to the public, the proposal was viewed by Democratic Party officials as the most cost-effective way for the party to gain control of all three branches of state government. The Reform Michigan Now Official website has not been updated to reflect the Court’s ruling.
The Supreme Court majority consisting of Chief Justice Clifford Taylor and Justices Michael Cavanagh, Maura Corrigan, Stephen Markman, Elizabeth Weaver and Robert Young Jr. -- said the Reform Michigan Government Now proposal to enact three dozen constitutional changes, including pay cuts for elected officials, reductions in the size of the Legislature and appellate judiciary, and changes in redistricting rules, was too broad to be addressed by the amendment process and could not be adequately explained on the ballot in 100 words as required. Justice Marilyn Kelly dissented, suggesting the court was leaving open to question the standards for future proposed amendments.
The Reform Michigan Government Now proposal, drafted and supported by top state Democratic Party insiders, was challenged by a group of elected officials and interest groups led by the state Chamber of Commerce. According to an internal Reform Michigan Government Now memo inadvertently released to the public, the proposal was viewed by Democratic Party officials as the most cost-effective way for the party to gain control of all three branches of state government. The Reform Michigan Now Official website has not been updated to reflect the Court’s ruling.
Diane Hathaway to Challenge Cliff Taylor for State Supreme Court
Sep/08/08 13:17
According to The Michigan Lawyer’s Blog, Dianne Hathaway received the democratic nomination to challenge Cliff Taylor in the fall. Here’s a link to the Mlive story on the same nomination. The M-Live story seems to state that Governor Granholm also supports this nomination. Several days ago, Dawson Bell of the Detroit Free Press wrote a sobering analysis of Judge Hathaway’s chances. Judge Hathaway is a fifteen year veteran of the Wayne County Circuit Court. She appears to have solid Democratic rank and file support. 
