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Litigation

: The Gavel

Weaver Resigns, Shakes up Michigan High Court

By Peter Hardin

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The surprise resignation of Michigan Supreme Court Justice Elizabeth Weaver, an independent-minded jurist who feuded with her fellow Republicans in their 4-3 majority, has shaken up the court and the political landscape.

Justice Weaver’s resignation seemed to herald new fireworks over November’s elections. It gave Democratic Gov. Jennifer Granholm an appointment to the court, bringing the first Democratic majority in 11 years and brightened prospects for a Democratic majority in the future.

Granholm appointed Judge Alton Thomas Davis, 63, a veteran of 26 years on the circuit and state appeals benches, to fill the vacancy. A short time later Democrats nominated him to run for election to the seat as an incumbent, with the significant advantage that bestows.

Justice Davis said he would rejuvenate “the worst supreme court in the country,” the Detroit News reported.

Possibly hinting at the tone of elections to come, Justice Robert Young Jr., a Republican nominated to stand for re-election in November, blasted Justice Davis’ appointment as a “backroom” deal and branded the new justice “as liberal as you can get.”

Justice Weaver, 69,  spent 16 years on the court.  Elected to it two times, she had prepared to run for re-election as an independent. Upon her resignation, she spoke openly of plans to push for reform, focusing on the nomination and election of state Supreme Court justices, according to a statement published by the Detroit Free Press:

“The present system of dual processes by which we elect and appoint Supreme Court justices is deeply flawed and in need of an overhaul. Specifically, we need to promptly reform the process of how we select justices, and we need transparency and accountability in the administration of the people’s judicial business by the Michigan Supreme Court.

“The open discord on this court over the last 10 years is not really so much about clashes of strong personalities, but rather is the result of the formation of power blocks of justices usually joining together to promote agendas of political parties and special interests.

“(The) independent-thinking judge is not agenda-driven and does not hold to political party lines, philosophies or ideologies. We need justices and judges who are dedicated to the rule of law, who are independent, impartial, exercise judicial restraint, apply common sense, and who are wise, honest, orderly, competent, fair, civil and professional, open, not secretive, and who are nonpartisan. Our current system of political party nominations does not advance these qualities.”

Bill Ballenger, publisher of Inside Michigan Politics, viewed the political developments as major. “The Democrats have accomplished one of their major goals for 2010 … without having to fire a shot,” the Free Press quoted him as saying.

The appointment of Justice Davis “encouraged trial attorneys who said tort victims might finally get a fair shake but chilled insurance executives who said citizens may have to brace for higher premiums,” according to the Detroit News.

At party nominating conventions, Republicans chose Mary Beth Kelly, a Wayne Circuit Court judge, as their nominee to succeed Justice Weaver. Democrats picked Oakland County Circuit Judge Denise Langford Morris to challenge Justice Young, the Michigan Messenger reported.

Justice Young commented that Justice Weaver may have been concerned over an ethics complain that fellow Republican justices brought against her, but Justice Weaver said the complaint did not figure into her decision.

In an editorial, the Detroit Free Press said Justice Weaver’s resignation could boost efforts for reform:  “If it brings the importance of judicial independence into sharper focus and accelerates reform of the judicial selection process, Weaver’s melodramatic departure from the court may leave a legacy as enduring as her tenure there.”

The Detroit News was more critical in an editorial headlined, “Action by justice, Granholm is disdainful ploy.”

Full post as published by The Gavel on August 30, 2010 (boomark / email).

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