Markey, according to The Grand Rapids Press, is interested in the nomination. Normally, MSC incumbents get their party’s nod but things are little different this time around for the GOP.
The GOP undoubtedly will nominate MSC Justice Robert P. Young Jr. to run for re-election. But Republican backing for Justice Elizabeth A. Weaver, who is also up for re-election, is far less certain.
She’s repeatedly broken ranks with Young and the other GOP-sponsored justices currently on the Court, Maura D. Corrigan and Stephen J. Markman.
In fact, Young doesn’t even want her on the ticket. He drew a line in the sand last January when he said, “They can nominate her, or they can nominate me,” referring to Republican convention delegates and Weaver, respectively.
The final straw may have been last week’s explosive public administrative hearing at the Michigan Supreme Court.
Corrigan, Young and Markman revealed that they asked the Judicial Tenure Commission to investigate Weaver for allegedly revealing internal deliberations about a case. The three say that Weaver violated Administrative Order No. 2006-8:
Deliberative Privilege and Case Discussions in the Supreme Court
The following administrative order, supplemental to the provisions of Administrative Order No. 1997-10, is effective immediately.
All correspondence, memoranda and discussions regarding cases or controversies are confidential. This obligation to honor confidentiality does not expire when a case is decided. The only exception to this obligation is that a Justice may disclose any unethical, improper or criminal conduct to the JTC or proper authority.
[Effective December 6, 2006]
Weaver says the order was never properly adopted and tried, without success, to get it rescinded at last week’s conference.
All of this bodes well for Markey and others who want a shot at a presumably open GOP top court slot.
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