12/22/2006

Weaver criticizes Republican members for imposing secrecy

Court rejects Feiger's request to delay discipline

LANSING (AP) — The Michigan Supreme Court on Thursday denied lawyer Geoffrey Fieger's request to postpone disciplinary action against him for vulgar comments about judges, and the case again exposed the long-standing animosity among Republican justices.

The majority said Fieger would suffer no "irreparable injury” if his reprimand stays in place while he appeals to the U.S. Supreme Court. The court in July had reprimanded Fieger, which doesn't affect his ability to practice law.

In her dissent Thursday, Justice Elizabeth Weaver accused four other GOP justices of imposing secrecy around the court's operations when they issued a Dec. 6 order to keep confidential justices' internal communications involving cases.

Weaver wrote that the order was a "gag order” showing the "majority of four's increasing advancement of a policy of greater secrecy and less accountability.” She accused them of using the order to suppress her dissent before changing their minds Thursday and allowing it to be published.

Chief Justice Clifford Taylor and Justices Maura Corrigan, Stephen Markman and Robert Young Jr. responded that Weaver improperly disclosed internal memorandums and deliberations in her "unprecedented” dissent. Taylor wrote that he couldn't directly respond to Weaver's "selective and misleading disclosures” because of an obligation to honor confidentiality.

Taylor said the court will hold a hearing Jan. 17 on whether to retain the order keeping certain communications confidential. He also said justices will consider what means of enforcement or sanction should be in place when a justices violates the rule.

Justices traditionally have not talked publicly about what is said during case deliberations. Democratic Justice Michael Cavanagh said he didn't think Weaver's dissent violated the law.

In her dissent, Weaver mentioned cited memos written by justices before they decided to close a file proposing changes to rules on when justices should disqualify themselves from cases.

The dispute partly stems from the high court's decision to reprimand Fieger for vulgar remarks he made on the radio about three state Court of Appeals judges.

At the time of the ruling, Weaver said Taylor, Corrigan, Markman and Young showed bias and prejudice against Fieger by not disqualifying themselves from the case.

The majority responded in the Fieger ruling that Weaver's criticism was "rooted in personal resentment.”

In 2001, Weaver wanted to keep her job as chief justice, but Corrigan was chosen instead.