Posted on 10/01/2004 5:57:20 PM PDT by Dan from Michigan
Michigan Supreme Court candidates engage in rare debate
10/1/2004, 5:46 p.m. ET
By DAVID EGGERT
The Associated Press
LANSING, Mich. (AP) — Five candidates for the Michigan Supreme Court disagreed Friday over the role public policy should play in judicial decision-making.
In a rare debate format that showed some of their fundamental philosophical differences, the candidates had varying opinions on what to do if a law is vague or ambiguous. Their joint appearance came during a forum at the State Bar of Michigan's annual meeting.
Justice Marilyn Kelly, nominated by Democrats, is seeking re-election for an eight-year term.
She said the seven-member court "has practically divorced" itself from considering public policy during decision-making. While it's essential to interpret the law accurately, she said, the court should also use common sense and consider real-world concerns.
But Republican-nominated Justice Stephen Markman responded that reading the law's words is most important. While he would look at lawmakers' intent as a last resort, Markman said he would never consider policy consequences.
"Public policy in my view is simply another way of a judge saying, 'Well, I'm not sure what this means but here's what I'd like it to mean,'" he said.
Markman and Kelly are seeking two open seats to the seven-member court on Nov. 2. Their challengers include Wayne County Circuit Court Judge Deborah Thomas, Court of Appeals Judge Brian Zahra and retired law professor Leonard Schwartz.
The five gathered in the Lansing Center for the debate, hosted by the Michigan Judicial Conference.
While the event was courteous and didn't feature attack-style debate tactics, the candidates sought to highlight their differences.
Thomas, a Democratic nominee, said the Supreme Court too often overturns jury verdicts.
"When a jury gives an outrageous verdict, it's the community's way of speaking to the executive and Legislature that they are outraged," she said.
Zahra, nominated by Republicans, aligned himself with Markman.
"I can enhance the quality of an already superb Supreme Court," he said.
Schwartz, the Libertarian Party nominee, said appellate judges should remember the importance of their rulings.
"Instead of just considering how this decision will affect current procedures, consider how it will affect society at large," he said.
Unlike the 2000 campaign — which was the costliest, most divisive in state Supreme Court history — this year's race has been calm. The race is officially nonpartisan, but political parties nominate the candidates.
For more information on some of the candidates, visit their Web sites:
Marilyn Kelly, http://www.kellyforjustice.com
Leonard Schwartz, http://www.schwartz45.com
Justice Markman is one of the best and needs to be returned to the Supreme Court. He's a solid conservative, and also intelligent and even tempered. I'd like to see President Bush promote him to SCOTUS.
Kelly is an anti-gun activist judge who opposed concealed carry. She needs to be fired. Markman supported the concealed carry law.
I am unfamiliar with Thomas and Zahra outside of party affiliations. The only information I know about Schwartz is the website.
If there are only two vacancies we should vote Markman and Zahra? Or does the libertarian have a chance?
Incumbents have a very strong re-election streak in judicial races. Last time, Young and Weaver won easily. Even with the major campaign from the dems, Markman, Taylor, and Young won big in 2000.
Personally, I think Zahra, Schwartz, and Thomas all have the same chance. The chance is the same of a democrat winning in Livingston County(Johnson 64), or a Republican in Ann Arbor(Engler 98). It has happened, but the chances are slim.
I'm leaning Zahra, but it's not a certainty. I need to find our more about him in order to make an informed decision.
Agree, thanks for the post
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