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July 1, 2010

Justice Weaver to run as independent

BY BRIAN McGILLIVARY bmcgillivary@record-eagle.com

TRAVERSE CITY — Michigan Supreme Court Justice Elizabeth "Betty" Weaver will go her own way in an ongoing quest to reform the state's highest court.

Weaver, of Glen Arbor, filed an affidavit with the secretary of state's office Wednesday to put her name on the November ballot. She will run as an independent and not seek a nomination from the Michigan Republican Party at its upcoming convention Aug. 28.

"I need no nomination of any political party to be on the ballot and seek none," Weaver said in a prepared release. "In doing so I strive to continue my efforts to bring openness to the court and to advance what I see are critical needs for reform in the court system.

"The system ... is deeply flawed and in need of an overhaul," she said.

Weaver said the system of nominating justices by political party has created a court split along party and ideological lines that lacks geographic diversity, with six of the seven justices from the "Detroit/Lansing beltway."

Bill Ballenger, editor of the political newsletter Inside Michigan Politics, said the general public does not realize the deep partisan nature of the court due to the state's unusual constitutional language.

Candidates are nominated by political party but run without party identification for an eight-year term.

"There are a lot of cases where the stakes are extremely high in terms of which party controls the court," Ballenger said. "The only person who sets aside what you expect from her as a partisan is Weaver."

Ballenger said most Republicans believe Weaver sides too often with Democrats and it's unlikely they would nominate her for a third term at their convention.

Voters elected Weaver to the state's high court in 1994 and again in 2002. She previously served eight years on the state court of appeals and 12 years as Leelanau County's probate court judge.

Weaver said she'll continue to push for an end to party nominations, electing justices by district, and limiting them to one term.

She's also continuing her efforts to create more openness at the court and a full accounting of campaign expenditures.

"The Michigan Supreme Court should not be a secret club," Weaver said.

Her decision to run as an independent complicates matters for both parties but particularly for Republicans, Ballenger said.

Should they nominate Justice Robert Young for another term, plus a second candidate for the two open spots, they risk dividing Republican support and losing both seats. Should they just nominate Young and support Weaver, they maintain the status quo, "which they don't like," Ballenger said.

Dave Barr, chairman of the Grand Traverse County Republican Party, said he respects Weaver, but if she decides not to seek the Republican nomination, the party almost has to nominate two candidates.

"I think it would be foolish not to," he said.

Ballenger said Democrats might nominate one candidate to focus on unseating Young and taking outright control of the court.

"They don't need to take Weaver down, they need to take down Young," he said.

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