By Ed White
Associated Press
DETROIT (AP) -- Election results have created uncertainty at the Michigan Supreme Court where 18 cases were scheduled to be argued in December before Republicans won two seats last week to put conservatives in control on Jan. 1.
Justice Alton Davis, a Democrat, was defeated last Tuesday and leaves the bench Dec. 31, just four months after his appointment by Gov. Jennifer Granholm. It's unlikely the 18 cases could be resolved before his departure.
"The court is considering this issue," spokeswoman Marcia McBrien said last Thursday when asked if arguments would be postponed.
The court's December 2008 docket was put on hold after Cliff Taylor was defeated as chief justice and liberals gained a working majority.
"This is not to say that the court will follow the same procedure this time," McBrien said.
There is a variety of cases, including a dispute over whether a county prosecutor can investigate violations of campaign-finance law. It involves Meijer Inc. and the attempt to recall township officials who opposed a new store near Traverse City.
There are criminal appeals, business litigation, medical-malpractice claims and personal-injury disputes on the December calendar.
"We have an interesting problem," Justice Robert Young Jr. told The Associated Press on election night.
"This is going to present an enormous difficulty if he participates and can't complete them," Young said, referring to Davis hearing arguments but cases still being unresolved by his Dec. 31 exit.
Davis has declined to be interviewed since his defeat last Tuesday. He heard arguments in 12 cases Thursday and Friday.
Young and newcomer Mary Beth Kelly were elected, giving conservatives a 4-3 majority on Jan. 1 and an opportunity to overturn key rulings of 2009-10 when liberal justices and a maverick Republican formed a ruling bloc in many decisions.
"I never thought I'd be in a profession where every two years we'd be fighting for our life," said personal-injury lawyer Jules Olsman of Huntington Woods, referring to how elections can shake up the Supreme Court.
"The average voter who has no ties to the legal profession or the court system sees the Michigan Supreme Court as something that would never have any impact on them. Well, it's just the opposite," Olsman said.
Under Chief Justice Marilyn Kelly, the court's most significant recent decision expanded the rights of auto-wreck victims to seek compensation, delighting personal-injury attorneys. It reversed a 2004 ruling that had cut access to the courts.
Some lawyers fear the new conservative majority may find another case to reverse the July decision.
"So much litigation comes out of auto accidents. We don't know what will happen," said Barbara Goldman, a Southfield lawyer who specializes in appeals.
Business groups -- real estate agents, hospitals, doctors, farmers -- supported Young and Kelly with votes and campaign donations.
"If you've got four justices who think a case's wrongly decided, yeah, fix it. ... They not only have the opportunity but the obligation," said Bob LaBrant of the pro-business Michigan Chamber of Commerce.
Published: Tue, Nov 9, 2010
