Gavel Grab

Michigan Supreme Court Throws Out Mandatory Minimums

Michigan_quarter,_reverse_side,_2004The Michigan Supreme Court restructured criminal sentencing this week in a landmark 5-2 ruling, Michigan Live reports.

The opinion, written by Justice Bridget Mary McCormack, says that “mandatory minimum sentencing violates the Sixth Amendment” when it increases sentencing beyond that contained in a jury verdict. The article explains that the case upheld a lower court sentence, but ruled that a recent U.S. Supreme Court decision “rendered parts of Michigan’s sentencing guidelines unconstitutional” because they infringe on the right to a trial by jury.

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Report Spotlights High Spending, ‘Dark Money’ in MI Court Elections

gavel_cash_20121102165220_320_240Total spending in the race for three seats on the Michigan Supreme Court in 2014 reached $10.4 million, including $4.66 million in “dark money” sponsored TV ads supporting the Republican nominees, the Michigan Campaign Finance Network said in a report on Wednesday.

The report documented heavy dark money expenditures in state Supreme Court campaigns since 2000, and it said “The undisclosed spending is a direct threat to impartial justice.” When big political donors are anonymous, it said, “We can’t know when ethical, even legal, lines have been crossed. Transparency is inoculation against corruption. Dark money conceals corruption.” The report also examined campaigns for other offices, including state attorney general. 

MCFN relied on semi-annual reports by Justice at Stake and partner groups in stating that Michigan saw the most expensive Supreme Court elections in 2010 and 2012, and it predicted that Michigan would hold the same rank when a report is completed on 2014. In tracing dark money in elections for seats on the Michigan high court, it said: Read more

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Blind Justice at MLK Celebration: ‘Celebrate our Differences’

Diversity and fellowship were themes at events across the Detroit Metro area on Monday, as hundreds gathered to celebrate Martin Luther King Jr. Day. The Detroit News reports that Justice Richard Bernstein gave the keynote address to the Macomb County Ministerial Alliance’s Annual Martin Luther King Jr. Community Fellowship Breakfast.

“Let us celebrate our differences, let us celebrate our difficulties, let us celebrate our purpose,” he said. Bernstein, Michigan’s first blind Supreme Court Justice, spoke of adversity he has experienced, such as competing in the 2008 Ironman Triathlon and recovering from injuries after being hit by a bicyclist in 2012. He remarked that his faith, like that of King, helped him achieve success against the odds.

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Editorials Scrutinize Big Spending in Judicial Elections

I-Am-a-Money-Magnet-the-secret-23316442-500-372Citing Missouri billionaire Rex Sinquefield’s $300,000 donation to a Washington, D.C. group that tried to defeat a local Missouri judge, a St. Louis Post-Dispatch editorial asks Sinquefield for more transparency and less deceit.

In an editorial styled as a letter to Sinquefield, the editorial board asks, “Could you please instruct your vast army of political operatives to stop being deceitful about how they spend your money?” It acknowledges that on some issues it agrees philosophically with the activist donor, but “When you — or the people who work for you — secretly funnel money into Washington, D.C., political action committees to hide the source of the funds, it looks really sneaky and underhanded.”

The letter refers to money Sinquefield gave to the Republican State Leadership Committee and its spending that amount and more to defeat Cole County Circuit Judge Pat Joyce, who ultimately won reelection in November (see Gavel Grab). It says “your spokespeople wouldn’t fess up. Neither would the RSLC.” Read more

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Justice McCormack Calls MI Court ‘Collegial and High-Functioning’

bildeJustice Bridget Mary McCormack of the Michigan Supreme Court says that despite perceptions of an elected court riven by ideology, the bench is quite “collegial and high-functioning.”

Justice McCormack gave an interview to Michigan Radio. She  said the justices pay a price given a public perception that impartial decision-making is influenced by extensive undisclosed spending on judicial elections.

“I can tell you from my personal experience in the back room, it’s not how we work,” said Justice McCormack, who was elected in 2012. She also said partisanship does not drive the justices’ decision-making. Read more

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Judges Behaving Badly Are Disciplined in Michigan

A spate of high profile scandals involving sitting elected judges has resulted in cracking down by the Michigan Judicial Tenure Commission. A Detroit Free Press article examines the misconduct and invites readers to reach their own conclusions.

“I think you can make the point that this is a troubled judiciary,” said Charles Gardner Geyh, a professor of law at Indiana University. “But there is a counterpoint to be made. Michigan is doing a fairly aggressive job of rooting out misconduct.”

The article recounts a rather sensational side to the scandals:

“They lied, stole, forged bank documents, padded expense accounts, drove drunk, slept with litigants and jailed innocent people. Michigan judges have been in big trouble in recent years. The number of judges disciplined — about 35 per year — has not gone up, but the level of chicanery has soared.”

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JAS Partner Spotlights ‘Dark Money’ in MI Judicial Election

The Michigan Campaign Finance Network, a Justice at Stake partner organization, says unreported, unregulated “dark money” bankrolled the majority of costs for TV advertising in Michigan’s 2014 Supreme Court and attorney general campaigns.

iStock_000015670171Small1The Michigan Republican Party spent $4.2 million on ads about Supreme Court candidates “but reported no television advertising to the Michigan Bureau of Elections” due to a loophole in state law, MCFN said in a news release. It said the Center for Individual Freedom, a Virginia-based 501(c)(4) “social welfare” corporation, spent $468,000 for broadcast advertising supportive of the Republican nominees and the advertising was not reported to the Bureau of Elections.

“When such expenditures are not reported, the donors behind the spending are not reported either,” MCFN noted. Read more

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Critical TV Ad in Ohio Court Race Draws Bar Rebuke

A TV ad in advance of the Ohio Supreme Court election, aired by Common Pleas Judge John P. O’Donnell, accuses incumbent Justice Judith L. French of being “in the pocket of big utilities,” referring to campaign contributions and her decision in a rate case.

A panel of the Ohio State Bar Association found Judge O’Donnell violated a “clean campaign pledge” and the ad’s depictions “falsely imply that justice is for sale in Ohio.” The Bar asked him to pull the ad.

The Bar’s action was reported by the Northeast Ohio Media Group. Justice French said about her opponent, according to the Columbus Dispatch, “Judges should be held to the highest standard. It’s concerning that he has gone negative and broken his promise to the voters and to his colleagues.” Read more

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JAS on Illinois Court Retention Election: ‘Here We Go Again’

Screen shot 2014-10-29 at 11.25.59 AMWith Illinois Supreme Court Justice Lloyd Karmeier facing opposition in his retention election from a group heavily funded by plaintiffs’ lawyers, the Republican State Leadership Committee has jumped into the race and spent $950,000 in support of Karmeier, the Chicago Tribune reported. (The article is available through Google.)

“Here we go again,” Justice at Stake Executive Director Bert Brandenburg told the Tribune. Illlinois again has become a battleground state in a “long-running war being fought between plaintiffs’ lawyers and big business” over high courts, the newspaper said, mentioning a record $9.3 million spent when Justice Karmeier was elected in 2004.

Screen shot 2014-10-29 at 11.29.10 AMThe contest has featured fierce advertising. A TV ad aired by Campaign for 2016, the opposition group, said that Justice Karmeier received millions from pro-business interests in 2004 then voted to strike down huge verdicts against State Farm and Philip Morris. “Our justice is not for sale,” the narrator said at its end. The RSLC-sponsored ad says the justice has been tough on violent criminals and stood up to “Chicago trial lawyers who have tried to buy the courts.” Read more

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Report Digs Into ‘Secret Donations’ in Michigan High Court Race

In the countdown to Election Day, news media covering state judicial elections are finding plenty of contentious issues to examine, including the way judicial campaigns are funded and conducted:

  • WXYZ TV in Detroit aired an investigative piece entitled, “Politics, secret donations fuel Michigan Supreme Court races.” A bipartisan expert panel is urging reform that so high court candidates no longer go through the political parties to be elected, the newscast said, and some lawyers are trying to remove big spending out of the process. 
  • “The abortion issue has driven a partisan wedge in the otherwise non-partisan Supreme Court justice race in Northern Kentucky,” reported.
  • The Madison-St. Clair (Illinois) Record reported about an Illinois Supreme Court race, “Will Karmeier attack ads get through the ‘clutter?’ Observer says effect will be ‘minimal.’” Meanwhile the Southern Illinoisan reported, “Plaintiffs’ lawyers attack Justice Karmeier.”
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