Posted on 01/13/2005 6:16:34 PM PST by Ellesu
LANSING, Mich. (AP) — Supreme Court Justice Elizabeth Weaver will step down in October, giving Gov. Jennifer Granholm her first chance to narrow the court's conservative 5-2 majority.
Weaver, a Republican nominee who has increasingly sided with two Democratic justices, announced her resignation Thursday.
The 63-year-old from Glen Arbor said one reason she will step down is that she has served 10 years and thinks that's long enough for someone to be on the state's high court.
"I intend to put my money where my mouth is and step down in October 2005 after over 10 years on the Supreme Court," she said in a written statement. She added that the state's highest officials, particularly Supreme Court justices, hold office too long and have too much protection from challengers.
Weaver was first elected to the court in 1994 after serving for two decades as a county judge and on the state Court of Appeals. She was re-elected in 2002 for a second eight-year term and was to serve through 2010.
While often joining the majority, she has been more likely than other Republican justices to agree with the court's often-dissenting Democrats — at least in recent sexual harassment, environmental and auto injury cases.
"I am grateful to have had the opportunity to serve Michigan as a commonsense, independent and self-disciplined judicial thinker," she said. "I am a judge who is a Republican, not a Republican who is a judge."
The Michigan Trial Lawyers Association, a frequent critic of the court, said Weaver is the epitome of judicial independence and integrity.
"Although we didn't always agree with her rulings, we also admired her respect for the judicial process and her unwillingness to base decision-making on a desired outcome or agenda," association President Michael Pitt said.
Pitt said Weaver's written opinions and public comments in recent years showed a "growing frustration with a majority who did not follow the same philosophy in how to decide cases."
Messages seeking comment were left with Weaver, but a court spokeswoman said Weaver would not have anything else to say on her announced retirement.
Weaver, a native of New Orleans, came to Michigan in 1966, teaching French and serving as dean of girls at the Leelanau School while practicing law on the side. She won election as a county probate judge in 1974 and developed a reputation as an innovator who used practical, no-nonsense methods to get wayward youths' attention — assigning essays, demanding proper grammar and neat penmanship — and sometimes a short jail stint.
Her tough approach raised eyebrows, inspiring profiles by People magazine and ABC's "Good Morning America." But Weaver also has been known for her graciousness and lively sense of humor.
Granholm will appoint Weaver's replacement. So far, the Democratic governor has made 33 judicial appointments, but the Supreme Court spot will be the most high-profile one.
Granholm said she admires Weaver's "philosophical balance, her wisdom, her sense of humor and perspective."
The Granholm administration did not list any possible replacements, but a Granholm spokeswoman said there should be plenty of possibilities to consider.
"There is no shortage of highly qualified candidates with whom the governor is highly acquainted," Liz Boyd said.
Michigan Chamber of Commerce Vice President Bob LaBrant, whose group backs conservative judges and helped elect three of the GOP justices now on the court, said Granholm could follow former Gov. John Engler's example and elevate a state Court of Appeals judge to the high court. That would enable her to appoint not just a Supreme Court justice but an Appeals Court judge.
In announcing her resignation, Weaver criticized the state's current term-limit system and equated it to the story of Goldilocks.
Justices can serve an unlimited number of terms, although they cannot run for re-election once they reach age 70. House members can serve six years, while state senators, the governor, the attorney general and the secretary of state are limited to eight years in office.
Supreme Court justices' terms are too long, lawmakers' are too short and the governor's, secretary of state's and attorney general's are "just right," Weaver said.
Weaver said she hopes lawmakers, Granholm and the public change term limits. She also wants them to address how vacancies on the Supreme Court are filled.
The Michigan governor can appoint a justice without advice from anyone, unlike in some states where an independent panel screens and then recommends judicial candidates. Michigan Supreme Court nominees also do not go before the Senate for approval.
The Michigan Republican Party, which nominated Weaver, called upon Granholm to appoint a judge who will "interpret, not create, the law."
Weaver, a judge for more than 30 years, will continue to chair Granholm's task force on child abuse and neglect and the Committee for Juvenile Justice.
Michigan Supreme Court: http://courts.michigan.gov/supremecourt
Justice Weaver's Web site: http://www.justiceweaver.com
Michigan Trial Lawyers Association: http://www.mtla.net
Michigan Chamber of Commerce: http://www.michamber.com
Gov. Jennifer Granholm: http://www.mich.gov/gov
This one had an interesting personal history
She fears for her own hide more likely - she sees the growing turmoil in this country directed towards the judicial activist who wish to rule By Fiat (judicial decree) instead of Constitutionally.
*ping*
What's your take on this one ?
She voted against Cliff Taylor for chief. She voted against CPL's as well.
Losing Corrigan, Young, Markman, or Taylor would be far far worse.
One less R.I.N.O.
At least you guys have Republican Justices. Here in TN, it is "fixed" so that the leftist trial lawyers are the sole "judges" of judicial nominees. If a Republican Governor were to refuse to pick from their atrocious finalists, the trial lawyers are then empowered to choose for the Governor and seat them on the Supreme Court (and as a nice little bonus, the Supreme Court, in turn, gets to select the State Attorney General, who is always a liberal 'Rat hack ready to interpret the law to however the trial lawyers/'Rat party tells them to). It ain't even that bad in New Jersey.
One thing for sure. From what I have seen of her Granholm is certain to appoint a real doozy to take her place, with all sorts of righteous protestations as she does it, and the state will be stuck with the results for a long time.
Granholm will appoint someone that reflects her views - a fanatical private property hating eco-fascist who believes the role of government is to force people work for and worship the Marxist common good.
God help the state of Michigan.
Do you know the names of the justices in TN?
Chief Justice Frank Drowata, Justices Janice Holder, Riley Anderson, William Barker & Adolpho "Papa Smurf" Birch.
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