Concluding a whirlwind of events that began early this morning, Governor Granholm has announced her appointment of Michigan Court of Appeals Judge Alton Davis to the Michigan Supreme Court. Justice Davis fills the vacancy left by Justice Weaver, who announced her retirement and resignation earlier this morning. The Detroit Free Press article covering the announcement can be found here.
As reported by several media outlets today, Justice Weaver has announced that she is retiring this morning, and that Governor Granholm will be announcing her replacement. At least one outlet speculates that the replacement may be Michigan Court of Appeals Judge Alton Davis.
As reported in today’s Detroit Free Press, a group of Republican candidates and Tea Party activists have filed suit in the Michigan Court of Appeals to keep candidates from appearing on the ballot whom the plaintiffs claim represent a phony Tea Party formed by Mark Steffek, a retired UAW worker. The plaintiffs allege that the 23 candidates claimed to have been nominated before a party convention was even held. Already, assertions that at least one of the candidate affidavits was forged has led to the resignation of an Oakland County Democratic Party official who apparently acted as a notary. Steffek’s Tea Party plans to file a separate lawsuit today, challenging the Board of State Canvassers’ decision to leave the candidates off the ballot.
A new update to our blog software yesterday temporarily erased all of our content. The site has been restored, but you may notice a few out-of-place special characters in our blog entries. Thank you for your patience as we continue our remedial work on the postings.
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John Bursch
On July 28, 2010, the Michigan Supreme Court denied an application for leave to appeal that was filed with a motion for immediate consideration, which the Court granted. The Court denied a motion to strike in the same case.
On July 26, 2010, the Michigan Supreme Court denied 149 applications for leave to appeal, denied two bypass applications for leave, and remanded one case for the ministerial task of correcting a pre-sentence investigation report.
On Monday, July 19, 2010, the Michigan Supreme Court ordered the interim suspension of 12th District Judge James M. Justin pending expedited review by the Judicial Tenure Commission and the Michigan Supreme Court . Chief Justice Kelly and Justice Cavanagh dissented from the order, and Justice Weaver did not participate. In McCarthy v. Scofield, Nos. 138034 & 140328, Justices Weaver, Corrigan, Young, and Markman denied the plaintiff-appellant’s motions to disqualify them.
The Michigan Supreme Court granted two applications for leave to appeal, remanded three cases to trial courts, remanded one case to the Court of Appeals as on leave granted, issued an order reversing the Court of Appeals in one case, issued two miscellaneous orders, and denied leave to appeal in 14 cases.  Further details appear after the jump.
On Wednesday, July 14, 2010, the Michigan Supreme Court denied one prisoner motion to waive filing fees. The Court also directed the Oakland County Circuit Court to provide its reasons for denying the Oakland County Prosecutor’s motion for consolidation, in the case of King v. Oakland County Prosecutor, No. 141405. The Court retained jurisdiction to consider the prosecutor’s application for leave to appeal the Court of Appeals’ July 12, 2010 order denying leave to appeal in that court.
On July 12, 2010, the Michigan Supreme Court denied one prisoner motion to waive filing fees.
The Traverse City Record-Eagle is reporting that Justice Weaver has announced that she will seek re-election to the Michigan Supreme Court as an independent candidate. Justice Weaver reportedly filed an affidavit with the Secretary of State’s office today to place her name on the November ballot.Â
Justice Weaver’s decision to run as an independent frees the Republicans from having to determine whether to nominate her as a Republican candidate. Justice Young is also expected to seek and receive one of the two Republican nominations. State Republicans will now have to determine whether to nominate a candidate to oppose Justice Weaver. Court of Appeals Judge Jane Markey and Wayne County Circuit Judge Mary Beth Kelly are both seeking the Republican nomination.Â
Circuit Court Judges Robert Colombo, Shelia Johnson, Denise Langford-Morris, and Deborah Thomas are all seeking the Democratic nominations.  Â
On Monday, June 28, 2010, the Michigan Supreme Court (1) denied four bypass applications for leave; (2) denied 170 applications for leave; (3) denied six motions for reconsideration; (4) denied one motion for peremptory reversal; (5) held three cases in abeyance pending a decision in similar cases; (6) granted a motion to submit supplemental photographs; and (7) denied one motion for peremptory reversal. The Court also granted in part the prosecutor’s motion for rehearing in People v. Richmond, No. 136648, stating that the prosecution may refile the charges against the defendant and, if necessary, file an interlocutory appeal to challenge the underlying suppression ruling. (Our discussion of the Richmond merits opinion can be found here.)  Finally, the Court vacated the Court of Appeals opinion and reinstated an adjudication of delinquency in People v. Abdullah, No. 139586, as the adjudication was properly made under MCR 750.520d(1)(c).
The Court declined to exercise superintending control in Brady v. Attorney Grievance Commission, No. 140409. This case arises out of the Attorney Grievance Commission’s dismissal of plaintiff’s request for the investigation of Paul Fisher, the Executive Director of the Judicial Tenure Commission, regarding his actions during the disciplinary proceeding against Judge Steven Servaas. In a strongly worded non-participating opinion by Justice Weaver, the Justice responds to the recent grievance filed against her by Justices Corrigan, Markman, and Young concerning whether she violated A.O. 2006-08 by revealing the Court’s deliberations in the case of In re Servaas.  In particular, Justice Weaver reasoned that there was nothing unethical about her October 2009 meeting with Mr. Muth, Judge Servaas’ attorney, because she was not aware at the time that the grievance filed against Mr. Fisher by Mr. Muth could be pending with the Attorney Grievance Commission. Yet Justice Weaver also reveals that the Justices’ initial conference vote in the Servaas matter was 6-1, but that the involvement of the Supreme Court Administrative Office may have swayed some of the Justices’ positions. Justice Weaver further references her April 20, 2010 disqualification letter sent to the parties in the case and her decision not to participate in this complaint after the Attorney Grievance Commission failed to waive her disqualification. The April 20, 2009 letter is reprinted as part of the non-participating opinion. Justices Corrigan, Markman, and Young filed a separate opinion setting forth their justifications for their action. Justice Hathaway separately dissented to indicate that she would have exercised superintending control.
Our previous post discussing the JTC grievance against Justice Weaver is here. Â
WNJ Disclaimer:Â Two of the plaintiffs in this case are affiliated with Warner Norcross & Judd LLP.
On Monday, June 14, 2010, the Michigan Supreme Court denied one motion to waive fees in a prisoner’s appeal.
The Michigan Supreme Court issued one order, closing a matter based on appellant’s failure to pay a filing fee as directed by a prior order of the Court. A copy can be found here.
On Monday, June 7, 2010, the Michigan Supreme Court administratively closed two cases for the non-payment of filing fees.
On June 1, 2010, the Michigan Supreme Court issued an order amending its May 25, 2010 order in People v Tate, No. 139914. The Michigan Supreme Court vacated the order of the Court of Appeals and remanded the case to the Court of Appeals for consideration as on leave granted of issues raised in the application for leave filed in the Court of Appeals in COA No. 291123.
The AP is reporting today that Senior Sixth Circuit Judge James Ryan, of Michigan, will be stepping down in September. In addition to his work on the Sixth Circuit since 1986, Judge Ryan also served nine years as a Wayne County Circuit Court judge and ten years on the Michigan Supreme Court. The full article can be found here.
On May 25, 2010, the Michigan Supreme Court denied two applications for leave to appeal prior to decision by the Court of Appeals, six motions for reconsideration, and 121 applications for leave to appeal. The Michigan Supreme Court ordered that the application in Bronson Methodist Hospital v. Allstate Insurance Co, COA No. 286087, be held in abeyance pending the decision in University of Michigan Regents, et al. v. Titan Insurance Co., No. 136905. The Michigan Supreme Court vacated the order of the Court of Appeals in People v. Tate, No. 139914, and remanded the case to the Court of Appeals for consideration.
On May 17, 2010, the Michigan Supreme Court denied one prisoner petition to waive filing fees and barred the petitioner from filing any further appeals until the entry fee in the subject case was paid in full.
The WNJ Appellate Practice Group is one of the State’s premier appellate litigation practice groups, counting among its members a recent Michigan Court of Appeals judge and former federal appellate clerks from the 4th, 6th, 7th, and 8th Circuits. Over the past five years, our attorneys have appeared in the U.S. Supreme Court 15 times; litigated in nearly every federal Circuit; regularly argued in the Michigan Supreme Court; and participated in numerous Michigan Court of Appeals cases.
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