On February 19, 2008, just ahead of twelve inches of new snow, twenty-four area residents, including GTLA Bar Association members, returned to Traverse City from a twelve-hour bus trip to Lansing to present to Senator Michelle McManus 1,200 petition signatures. McManus, (R), Lake Leelanau, chairs the Michigan Senate Campaign and Election Oversight Committee. Earlier in the day, the Traverse area delegation had asked the Senator to hold hearings on public financing of Michigan Supreme Court elections and public disclosure of all campaign expenditures.
The petition drive and the bus trip grew out of an event last fall organized by a coalition of citizens, myself among them, concerned about the integrity of the Michigan Supreme Court. “Judicial elections are becoming political prize fights where partisans and special interests seek to install judges who will answer to them instead of the law and the Constitution,” read the banner quoting retired U. S. Supreme Court Justice Sandra Day O’Conner at an October 25, 2007 forum, “Courting Trouble, Threats to a Fair and Independent Michigan Supreme Court.” Guest speakers Detroit Free Press columnist Brian Dickerson, Rich Robinson of the Michigan Campaign Finance Network, and Michigan Supreme Court Justice Elizabeth Weaver addressed the overflow crowd of mostly non-lawyers.
“How many of you have been a party to a case before the Michigan Supreme Court?” Mr. Dickerson asked. No one raised a hand. However, after hearing about court decisions affecting a range of subjects from no fault auto insurance to the environment, attendees concluded that each of them had indeed been involved in one form or another and that there exists the appearance that justices deciding these cases may have been answering to their campaign contributors instead of to the law.
$23 million has been spent since 2000 to elect Michigan Supreme Court justices. Nearly half of that sum has gone into unidentified, unreported candidate-focused issue ads disparaging the other candidate. After what some call “justice for sale,” 86% of cases before the MSC involve a campaign contributor as a party. Public financing, full disclosure of campaign funding, and an improved system for conflict of interest recusals are required to avoid the appearance of impropriety. Supreme Court Justice Weaver is also calling for Senate confirmation of Supreme Court appointments and one eight-year term.
To take action on our concerns and to build on the energy created by the forum, the forum organizing coalition established the Michigan Independent Supreme Court Campaign (MISCC). Volunteers from MISCC coordinated the petition drive and arranged the bus trip to deliver the results. From the efforts begun in Traverse City, grass roots groups in other areas of Michigan are planning similar educational events. Senator McManus pledged to move forward on the issue, but the results remain to be seen. While the delegation was at the Capitol, House Democrats did introduce a new judicial candidate public financing bill to join a Senate version already on the table. The efforts may eventually restore public confidence in the Court but it is too late to stop the ugly process for 2008.
While the public is distracted by the upcoming presidential election, special interests will be as focused on this year’s most expensive judicial race in Michigan history. Incumbent Republican Clifford Taylor is expected to wage a high stakes battle against a candidate chosen by the Democratic Party. While the ballot will not indicate their parties’ sponsorship, it will designate Justice Taylor as the incumbent. Always an advantage in the past, in this election year, the incumbency designation could remain an unfair advantage or become a liability, depending on the perception of the electorate and its disgust for the secretly-sponsored offensive campaign that is expected. Visit www.miscc.org for more information.
Posted by Mary Wreford; Approved by Lea Ann Sterling, Esq., April 1, 2008
Lea Ann Sterling received her J.D. from The Ohio State University College of Law in 1980 and got to Michigan as soon as she could where she established Sterling Law Office in Empire. Her practice with associate attorney Wendy K. Bailey includes Family Law, Social Security Disability, and Personal Injury. Sterling Law Office appears to be the only firm north of Grand Rapids specializing in Immigration Law where they counsel businesses on worksite compliance and assist families with this complex area. Lea Ann is married to Lanny Sterling and has three children. Among other activities leading some to call her a “renaissance woman,” Lea Ann enjoys writing about history and is the author of Historic Homes of Olde Towne and Historic Cottages of Mackinac Island. She appeared as an expert on the 1788 settlement of Marietta, Ohio in the 2003 documentary “Opening the Door West.” Googling “Lea Ann Sterling” would lead you to believe the name applies to at least five different people, but it’s all her. In addition to GTLA Bar, she is also a member of the Michigan Association for Justice and the American Immigration Lawyers Association.
The information presented in this article is for general information only and should not be construed to be legal advice.