Traverse City Record-Eagle

Region

August 27, 2010

Local judge to replace Weaver on court

TRAVERSE CITY — Area residents gasped at news of Supreme Court Justice Elizabeth Weaver's sudden retirement, but northern Michigan judges expressed confidence in her replacement.

Gov. Jennifer Granholm promoted appeals court Judge Alton "Tom" Davis of Grayling to the Michigan Supreme Court to succeed Weaver, of Glen Arbor, on Thursday.

"I'm elated at the decision," said 13th Circuit Court Judge Philip Rodgers. "I have known Judge Davis since 1981. He was an outstanding trial court judge and has been a wonderful appeals court judge, as well.

"He really has been a leader among the judiciary, and he is an excellent choice, regardless of geography."

Granholm named Davis about an hour after Weaver's official resignation, and fulfilled her pledge that a northern Michigan judge would succeed Weaver.

"I'm pleased to replace one great northern Michigan Justice with another great northern Michigan Justice," Granholm said during a noon press conference. "Justice Davis is the most experienced jurist I have ever appointed to the bench."

Granholm named Davis, 63, former chief judge of the 46th Judicial Circuit, to the appeals court in 2005. He was elected to fill the unexpired term in 2006 and to a full term representing the 4th District, which includes Lansing and most of northern Michigan, in 2008.

Davis' appointment expires Jan. 1, 2011. A former chairman of the Crawford County Democratic Party and northern Michigan coordinator of Gov. Jim Blanchard's 1982 campaign, he hasn't been active in partisan politics since his election to the bench in 1984.

He'll require a nomination at the Democratic state convention this weekend to make the November ballot.

"I have had no active participation in the political system ... and now, because of this strange system we have, I have to seek a political endorsement," Davis said. "It's a strange system and we need to examine it closely."

Mark Brewer, state Democratic Party chairman, said Davis has a great reputation as a judge and he thinks convention delegates will be happy to have him as one of their two nominees.

Judge Dennis Murphy of the 46th Circuit Court said Davis will do an excellent job on the top court.

"He takes a real-life, common-sense perspective on cases," Murphy said.

Area judges also said they would miss Weaver, whom they'd planned to support if she sought another term.

"I was hoping she would run again and I told her I would support her, but I understand it's difficult to run against the party candidates, but that's Betty Weaver," said 13th Circuit Court Judge Tom Power. "She was independent, fair-minded and pragmatic, and I have great respect for her."

Power and Rodgers also took note of Granholm's speedy appointment of Davis.

"It is interesting because for months and months and months she couldn't find anyone for Leelanau County Probate judge," Power said. "But I'm glad she got on this promptly."

Republican leaders lashed out at Weaver's decision to let Granholm appoint her replacement, a move that presently gives the court a 4 to 3 Democratic edge and attaches "Supreme Court Justice" to Davis's name on the November ballot.

Some called her actions a betrayal, but local party leaders, while "shocked" by her resignation, expressed continued support for Weaver. They also were relieved they won't have to choose between her and Republican-backed nominees.

"I think 'betrayed' is a little bit of a harsh word for someone who has represented the party at all levels of the judiciary for the last 30 years," said Dave Barr, chairman of the Grand Traverse County Republican Party.

Both Barr and Lance Roman, Leelanau County Republican Party chairman, said many delegates were torn because Weaver announced in June she would run as an independent, and they would have been asked Saturday to support a Republican nominee to run against her.

"That was a little bit of (a) dilemma, but now that problem for a lot of local Republicans has gone away," Roman said. "Betty has enjoyed great support from throughout the county here; she attends all of our events."

Weaver dismissed complaints that she orchestrated a political deal.

"I raised it with Judge Davis and he was willing to step up to the challenge, and I raised it with Gov. Granholm and she saw the wisdom of it," Weaver said. "Some top people in the Republican party are complaining, and they have a right to their opinion, but I don't agree with them."

Weaver, who strongly believes in geographic representation, said none of the candidates seeking their party's nomination are from northern Michigan.

She called Davis "a perfect" choice to replace her.

"Now there's another independent judge on the court," Weaver said. "The public can judge his record. He has made courageous decisions and stood up to give the people good judicial services."

Davis said he appreciated both Weaver's words of support and Granholm's confidence in him.

"At some point every lawyer thinks of the Supreme Court, but as a realistic possibility, it's like going down to the store and buying a lottery ticket: The chance that it occurs are remote," he said.

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