Vox Populi

Is that change I smell in the air…

In MI Supreme Court on November 18, 2009 at 5:56 pm
U.S. Supreme Court building.
Image via Wikipedia

The Michigan Supreme Court has adopted, though not published, new recusal rules that will align them with Capterton Massey–sometimes it takes a big stick from the US Feds to get something done locally.

The Lansing State Journal says:

Under rules adopted by a 4-3 majority this month, a member of the court is to step aside if the jurist’s “impartiality might objectively and reasonably be questioned.”

Further, if an individual justice receives and rejects a request for recusal, a party in the case can appeal to the full court for further consideration.

In other words, the justice whose status might be compromised does not serve as the sole arbiter of his or her ability to uphold the office.

Reblog this post [with Zemanta]
Advertisements
  1. The first case to be decided under the new recusal rule may be People v Alexander Aceval, where the recusal of former Wayne County Circuit Judge/now Michigan Supreme Court Justice Diane Hathaway is sought by the defense in a Motion filed 10-16-09.

    Aceval’s attorneyDavid L. Moffitt alleges that a vertically integrated perjury conspiracyby Wayne County Circuit Judge Mary Waterstone, Wayne County Prosecutor’s Office Drug Unit Chief Assistant Prosecutor Karen Plants, and two Inkster Police Officers, wrongfuly convicted Aceval with perjured testimony in 2006. APA Plants and Judge Waterstone made secret, ex-parte transcripts of their operation of the conspiracy, that unexpectedly subsequently came to light.

    Moffitt has also requested the appointment of a temporary alternate Justice to break the tie, remand to a Court of Appeals Special Panel, and disclosure of the circumstances of Justice Corrigan’s recusal, which Moffitt alleged may have been deliberately sought by the perjury-conspirators to “heighten the hurdle,” i.e. needing 4 out of 6 instead of 4 out of 7 Justices, to grant the Application for Leave. Details of the case, media coverage, and briefs and transcripts, are available at davidlmoffitt.com.

    Aceval’s Application For Leave To Appeal the conviction to the Michigan Supreme Court was denied 9-25-09 in a 3-3 deadlock, across “party lines,” with Justice Corrigan recusing herself to testify as a character witness in a potential future trial of pending criminal charges against Waterstone, Plants and the officers brought by the Michigan Attorney General arising out of Aceval’s case.

    Upon rehearing, Moffitt has moved to disqualify Justice Hathaway, alleging that her ojectivity could reasonably be questioned where scrutiny of wrong-doing in Aceval’s case has moved to the highest levels of Wayne County Prosecutor Kyn Worthy’s office, where Hathaway’s ex-husband Richard is Chief Assistant, and where she must directly rule upon the propriety of conduct of former Third Circuit, Criminal Division co-colleagues that took place when she served with them on that bench.

    Briefs, transcripts, and media coverage of the case are archived at davidlmoffitt.com.

  2. […] will be the first to recuse herself from the MI Supreme Court? In response to our recent article on the newly-enabled ability to ask (and actually have the teeth to receive) a ju…, prompted the following explanation.  It was too good to leave unread in the comments (Video can […]

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: