Traverse City Record-Eagle

Newsmakers 2007

December 29, 2007

Newsmakers: Justice pushes for change

Weaver's drafted amendments to address issues

TRAVERSE CITY -- Michigan Supreme Court Justice Elizabeth Weaver continued to speak out against alleged misuse and abuse of power by her court fellows in 2007, and she's working to change the way justices are selected to the top bench.

Weaver, of Glen Arbor, recently drafted two proposed constitutional amendments to address what she believes are ongoing problems of secrecy, unprofessionalism and abuse of power by the "majority of four": Justices Maura Corrigan, Robert P. Young Jr., Stephen J. Markman and Chief Justice Clifford W. Taylor, who received appointments to state court seats from former Gov. John Engler.

That foursome -- all Republican nominees, like Weaver -- suppressed dissenting opinions in contentious cases and interpreted laws in ways that negatively impact Michigan's citizens and environment, Weaver said, citing recent decisions that will move the presidential primary date and hamper citizens' ability to protect natural resources.

"I think there has been some modification or quieting down of behavior, but the problems remain. We're not orderly, we're not open and the professionalism is not always there," Weaver said.

Taylor declined comment on the court's dealings or Weaver's proposed changes.

"I am not particularly interested in getting into that," he said. "This is a hardworking, honest, honorable court."

Weaver contends the court needs to be reformed "because it is affecting the rights of people and their lives. You don't need justices either in the pocket or appearing to be in the pocket of special interests, or even worse their own interests," she said. "I'm not trying to get rid of the process, I'm just trying to reform it."

Those reforms would limit time on the bench to one eight-year term, and restrict a governor's ability to directly appoint justices to fill vacancies, both of which promote transparency in the court, she said.

The governor also would have to consider recommendations of a judicial qualifications committee and gain the consent of the Senate to appoint a justice under the proposed changes, which would take effect in January 2009, if approved.

"The constitutional amendment I propose would prevent me and all of the other justices from running again, except Chief Justice Taylor. It's not a personal affair. It's what needs to be," Weaver said.

Weaver hopes Michigan legislators will put the proposed amendments on the ballot; that would take a two-thirds vote in both houses, she said.

"You can see how fast they can pass something and get something done if they want to," Weaver said. "My role is to let the people know what is going on, what I think the problems are and what the solutions are."

Weaver posted the proposed amendments on her personal Web site, www.justiceweaver.com.

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