Posted on 01/15/2005 11:50:11 AM PST by Dan from Michigan
Justice Weaver's resignation could open doors for Democratic judges
Saturday, January 15, 2005
By Peter Luke
Lansing Bureau
LANSING -- Republicans miffed at Supreme Court Justice Elizabeth Weaver's resignation say her departure from the bench could start a chain reaction of court appointees, providing even greater political benefit to Democratic Gov. Jennifer Granholm.
The GOP helped Weaver win re-election just two years ago. Weaver announced Thursday that she would resign Oct. 1, opening up a seat for a third Democrat on Michigan's highest court, to be appointed by Granholm.
One Republican judge who declined to be identified said Friday that Weaver's resignation was a "slap in the face of those who helped" her campaign.
Weaver, of Glen Arbor, said she is leaving the court in October because term limits are necessary for the highest elected offices in Michigan and judges shouldn't be an exception.
"I intend to put my money where my mouth is," Weaver said in a statement.
Republicans are particularly disturbed because just one departure from the high court could provide Granholm multiple judicial appointments. On that score, they say Granholm can look to former Gov. John Engler for guidance.
Engler had an immense impact on Michigan's courts in his 12 years in office. One reason is that he filled three vacancies on the Michigan Supreme Court with judges who were already serving on the Michigan Court of Appeals.
He then filled those Appeals Court vacancies with Circuit Court judges. And so on.
Early wagering Friday on Granholm's first selection to the Supreme Court favors Judge Helene White of the Michigan Court of Appeals.
But Republicans say more than just one appeals court seat could open up as a result of a White appointment. White was appointed by President Clinton to the U.S. 6th Circuit Court of Appeals back in 1997. The appointment was held up by Republicans in the U.S. Senate in response to Democratic game-playing of the same sort.
Subsequently, Democratic U.S. Sens. Carl Levin and Debbie Stabenow have blocked President Bush's nominations to the 6th Circuit, including those of judges Henry Saad and Richard Griffin of the Michigan Court of Appeals. The two jurists are expected to be renominated in a second Bush term.
By appointing White to the Supreme Court, GOP lawyers say, that logjam could be broken, giving Granholm more appointments at the appellate and trial court levels.
And they said it would give Granholm a head start in remaking the Michigan judiciary just as Engler did.
Another Supreme Court appointment possibility from the Court of Appeals is Judge William Murphy of Grand Rapids. Murphy was an unsuccessful Democratic nominee for the Supreme Court in 1996.
One wrinkle is that he is 10 years older than White and in 1996 was endorsed by Right to Life of Michigan.
Robert LaBrant, a lawyer and political strategist with the Michigan Supreme Court, said Granholm could appeal to cultural conservatives in West Michigan with a Murphy appointment.
Larry Galmish, Right to Life's political director, said he didn't think Granholm's abortion rights supporters would stand for it.
"I doubt they would like anyone who is pro-life in that office."
Unlike other gubernatorial appointments, judicial appointees do not require approval by the Michigan Senate, now controlled by Republicans. They do have to be confirmed by voters in the next general election, however.
Granholm aides say they are aware of the domino effects of promoting judges as vacancies occur. They also say the governor will take her time in announcing a selection.
Weaver's October departure coincides with the beginning of the seven-member court's 2005-2006 term.
Granholm is not expected to announce an appointment until after Weaver leaves.
A retiring judge with Weaver's 30 years of service in three Michigan courts and leaving the Supreme Court at a salary of $164,610 would be entitled to an annual pension of about $100,000.
Lansing lawyers in both parties who are familiar with the high court suggested that strained relations between Weaver and other justices led to her surprise retirement.
Weaver was denied a second, two-year term as chief justice of the court four years ago. She was the lone justice opposed to last week's selection of Justice Clifford Taylor as the court's new chief justice.
Taylor is part of a four-justice Republican majority constructed by Engler that is leaving a conservative imprint on Michigan's legal landscape long after Engler left office in 2002.
Democrats are counting on Granholm to have that same durable impact judicial appointments to the bench permit. Legal issues at stake include the environment, the ability to sue for damages and Proposal 2, the successful November ballot issue that denies marriage, and possibly the legal benefits of marriage, to same-sex couples.
The new justice will be the first new Democrat on the court since Justice Marilyn Kelly's election in 1996. The appointment would put the partisan makeup of the court in sharper focus with a 4-3 GOP majority.
Democrats who lost their majority on the high court during Engler's tenure say Granholm has the opportunity to select a jurist they say can provide more balance to the court.
The majority of the existing court is far more activist than they pretend to be, said Michael Hodge, a lawyer in the Lansing office of Miller, Canfield, Paddock and Stone. Legal counsel to former Gov. James Blanchard, Hodge said the new justice should have "Democratic philosophy" that ensures fairness in the judicial process.
This is what you MIers get for electing a Dem!
Don't blame me. I voted for Posthumus.
With an name like Posthumus what did you expect.
Integrity ?
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