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June 10, 2008

Forum: Code of conduct rules court

BY TIMOTHY P. SMITH

On May 16, 2008, the Record-Eagle published a forum piece by Berl Falbaum that discussed the lack of civility in today's political arena.

As we approach another election season this November, this lack of civility is nowhere more evident than in the campaign of current Michigan Supreme Court Chief Justice Cliff Taylor. Justice Taylor is the only Supreme Court justice who is up for re-election in 2008.

There is a code that regulates the conduct of judges. The Michigan Code of Judicial Conduct applies to every judge in this state, from the probate judge in Keweenaw County to the seven justices who sit on our state's Supreme Court.

Canon 2, section B, of the Code of Judicial Conduct states:

"A judge should respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person's race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect."

Common sense, right? It's how we were raised by our parents -- treat others with courtesy and respect. You wouldn't think that something as simple as this would have to be codified as a formal rule regulating judicial conduct. But, it is, and judges must adhere to it.

In July 2006, Michigan's Supreme Court met to discuss whom to appoint to act as Chief Judge of the Kent County Probate Court. During this meeting, Justice Elizabeth Weaver articulated the reasons she disagreed with the appointment made by the majority, led by Chief Justice Cliff Taylor.

In response to her dissent to the appointment, Justice Weaver became, in her own words, "the target of a personal attack."

Chief Justice Taylor drafted and circulated to the justices and the court staff a concurrence to the appointment and personally attacked Justice Weaver in making reference to her weight. In describing his reaction to Justice Weaver's dissent, he wrote, "I even suggested Justice Weaver use a hunger strike as a vehicle (to express her dissent) as it seemed to have the potential for everyone to be a winner."

Personal attacks against women or against individuals have no place in any workplace. In fact, some might argue that it violates the Michigan Code of Judicial Conduct that mandates that Justice Taylor treat Justice Weaver with "courtesy and respect."

What is even more disappointing is that this isn't an isolated incident by Justice Taylor. He has been described by his fellow justices as unprofessional, disorderly, biased, prejudiced and an individual who misuses and abuses his power.

Remember how Justice Taylor treats his female coworkers in November when he is up for re-election. We expect and deserve more from the highest court in the state. At the very least, we deserve a justice who will abide by the Code of Judicial Conduct. Show that you want more by casting a vote against this type of behavior.

About the author: Timothy P. Smith of Traverse City is a partner with Smith & Johnson, Attorneys P.C., 1999 to the present, with trial experience in Michigan and California courts.

He was awarded the highest possible rating (AV) by Martindale-Hubbell, an independent lawyer rating service.

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