By Staff
Perhaps it's the celebrity factor, but Rosie O'Donnell and Donald Trump have overshadowed an extraordinary feud on the Michigan Supreme Court.
Chief Justice Clifford Taylor and Justice Elizabeth Weaver, also a Republican, have both visited Dowagiac and neither seem the type who would let animosity fester to this point.
Taylor issued the following statement Friday: "Today Justice Weaver simply repeated old allegations without offering many support for them. This is irresponsible, and I again call on her to apologize to all six of her fellow justices and the public, and to get back to the job she was elected to do.
"In today's 'Off the Record' program, Justice Weaver got direct questions but offered only evasive answers. She admitted that her colleagues have not done anything that warrants their removal from office. Asked if there was 'corrupt conduct' on the court, she demurred, claiming a 'lack of professional conduct.' She said she is reporting 'abuse of power and misconduct in office,' but again failed to offer evidence to back those extraordinary claims. And she continues to refuse to report any of her allegations to the Judicial Tenure Commission because, she says, the commission is 'powerless.'
"It is clear that the Tenure Commission does have jurisdiction over judges, including the justices. Even if that were not so, there are plenty of other investigative bodies available to look into Justice Weaver's allegations. Her call for the Legislature and governor to investigate the court is not only unwarranted, but also unconstitutional. In effect, she wants two other branches of government to sit in judgment on the way the court makes decisions about cases and administrative matters.
"In addition to her unjustified misconduct claims, Justice Weaver made other inaccurate statements that I must correct:
It is not true that other justices threatened to ban Justice Weaver from the Hall of Justice.
It is not true that her dissent in the Gilbert case was suppressed. Justice Weaver admits that it was published.
It is not true that two employees were dismissed within an hour of Justice Maura Corrigan being elected as chief justice in 2001.
Justice Weaver has said that her accusations so far are just 'the tip of the iceberg.' Yet when questioned repeatedly by the media, she refuses to reveal anything more, saying that there's 'there's so much to say I couldn't possibly do it.' She calls for 'sunshine' on the court, but she herself is not being open.
"This is simply irresponsible. Justice Weaver should either pursue her charges through the many avenues already available or should end this controversy and get back to the job she was elected to do."
The high court met Wednesday to consider a formal confidentiality rule to keep internal communications private after Weaver revealed its inner workings in a dissent last month and accused four other GOP justices of abusing their power, being biased against trial lawyer Geoffrey Fieger and mishandling proposed changes to the disqualification process.
Taylor and Justices Maura Corrigan, Stephen Markman and Robert Young Jr. all said Weaver's "unprecedented" disclosures were "selective and misleading" and violated confidentiality that traditionally protects internal deliberations not only in Michigan, but courts nationally, including the U.S. Supreme Court.
Democratic Justice Marilyn Kelly Jan. 17 suggested the appointment of a special three-member commission of two attorneys or judges and one non-lawyer to address Weaver's allegations "because I am gravely concerned that the public conflict among justices is damaging the court."
Each appointee would need support from at least five of the court's seven justices. Findings would be reported to the court within 90 days. No action was taken.
It would seem a justice harboring complaints of impropriety should turn them over to some investigate body – perhaps the FBI – rather than dragging the judiciary through the mud.