Litigation

Former MI Justice: She Recorded Her Colleagues

By Peter Hardin

First, an African American, Republican justice in Michigan acknowledged using the N-word in a private conference several years ago. Now, this back-story from the heated Michigan Supreme Court elections has become more startling, with a former justice saying she recorded her fellow justices while discussing cases with them in 2006.

Supreme Court Justice Robert Young Jr., seeking reelection next week, said former Justice Elizabeth Weaver “probably committed a felony,” according to an Associated Press article.

He is the judge who earlier admitted using the N-word (see Gavel Grab), saying he had been making an ?impassioned plea? to emphasize how an individual was being treated ?without rights, without dignity.?

Discussing a possible criminal violation by Justice Weaver, Justice Young was alluding to a Michigan statute requiring consent of all persons involved before phone conversations can be regarded, the AP reported. He believes the court’s discussion of cases on May 10, 2006 was recorded while Justice Weaver was participating by phone from her residence in northern Michigan.

Former Justice Cliff Taylor, a Republican who served as chief justice, said about Justice Weaver, “This rogue judge was a nightmare on the court the whole time she served on it.”

There’s even more to the remarkable exchange between Justice Young and an ex-colleague who both are Republicans, although they  disagreed sharply in the past.

Justice Weaver, who is white, said Michigan law permits one person involved in a conversation to make a recording of it. Justice Young, she said, was “trying to divert the public’s attention” from the words he used and the secrecy and “locker room” way in which the high court does the public’s business.

“It’s a shame, it’s a disgrace, and Young should himself be feeling shamed,” she said.

Justice Weaver, who initially disclosed Justice Young’s use of the N-word, used a transcript of a recording she said she made of the 2006 conference to respond to Justice Young’s recollection of the episode.

In what the AP were said her remarks on a website called delayedjustice.com, she wrote, “I share these facts for the voting public to judge for themselves whether Justice Young is fit to continue to serve on the Michigan Supreme Court.”

Justice Young revised somewhat his explanation and suggested that the version of his former colleague probably was correct.

“I surely was not using it as a racial epithet. I was quoting the person who used it as a racial epithet,” Justice Young said. “If I can be forgiven for remembering the emotion but not remembering the context after 4 1/2 years, I can live with it.”

Justice Taylor was defeated by Diane Hathaway, a Democrat, in what Justice at Stake called that year’s “dirtiest campaign” in the nation.

Full post as published by The Gavel on October 27, 2010 (boomark / email).