01/06/2007

Weaver rips fellow justices in scathing dissent

By Bill O'Brien

bobrien@record-eagle.com

Weaver

TRAVERSE CITY — State Supreme Court Justice Elizabeth Weaver issued a blistering dissent to state Supreme Court Chief Justice Clifford Taylor's re-election this week, widening a public rift between her and four fellow Republicans who comprise the high court's voting majority.

Weaver's opinion, filed Friday afternoon with the court, revealed a litany of disputes in recent years between Weaver and her Republican colleagues on the court over issues ranging from the firing of court employees to allegations that former Gov. John Engler tried to politicize court operations.

"This dissent to the election of (Taylor) as Chief Justice reveals only the 'tip of the iceberg' of the misuse and abuse of power and the repeated disorderly, unprofessional and unfair performance and conduct of the people's judicial business by the majority of four, Chief Justice Taylor and Justices (Maura) Corrigan, (Robert) Young, and (Stephen) Markman,” Weaver said in her 18-page dissent.

"I believe it is my duty and right to inform the public of repeated abuses and/or misconduct,” Weaver continued. "The majority of four's suppression of dissent, and attempts to suppress dissent, mishandling of administrative duties, and repeated disorderly, unprofessional and unfair conduct are matters of legitimate public concern.”

Taylor's nomination was approved in a 4-3 vote with support from Republicans Corrigan, Young and Markman. Weaver, who lives in Glen Arbor and is a former Leelanau County probate judge, voted with Democrat Justices Michael Cavanagh and Marilyn Kelly against Taylor's nomination.

Engler appointed Markman, Young and Taylor to Supreme Court positions and earlier appointed Corrigan to the state Court of Appeals.

An Associated Press report Thursday said Taylor indicated Weaver nominated Kelly for chief justice and that Kelly declined the nomination.

A footnote in Weaver's opinion said she didn't nominate anyone for the position, but urged the court majority to vote for either Kelly or Cavanagh.

"Additionally, I said to them that the election of either (Cavanagh or Kelly) ... would be a beginning step toward putting this Supreme Court on the path of earning back the public's trust and confidence — trust and confidence that this court presently does not deserve,” Weaver wrote.

Weaver's rift with the court's Republican majority erupted last summer in a divided opinion over the court's censure of Traverse City District Judge Michael Haley.

It blew up again last month over an order from the other four justices prohibiting the disclosure of any "correspondence, memoranda and discussions” by justices on cases before the court even after their resolution.

Weaver called it a "gag order” aimed at "greater secrecy and less accountability” in the court. Some of her opinion criticized the court majority for that decision, and she also criticized Taylor for his comments directed toward her over the court's appointment of a Kent County Probate judge in July.

"The majority of four's willingness to suppress or attempt to suppress dissension shows that no member of the majority of four is fit to lead as Chief Justice of the Michigan Supreme Court,” Weaver said.

Weaver was passed over in 2001 for a second term as chief justice. Some observers view the rift among the court's Republicans as a personal issue, while others say Weaver has deep-rooted reservations about the majority's judicial actions.

In her dissent, Weaver denied any "ill will or resentment” toward her colleagues, and said she's not interested in serving again as chief justice.