When judges become partisan players, the People’s rights will perish.
Beware of judges who tell you how they will rule on cases. They are almost never rule of law judges, because rule of law judges must follow the law, not their personal policy preferences. Those folks who can tell you whether a legal decision is good or bad without reading it are not constitutional conservatives because their policy preferences are not dictated by the law.
For nearly 15 years, I have stood firmly and proudly as a member of a Rule of Law Supreme Court majority that established a judicial system that respects the rights of the People in a self-governing constitutional republic. Our decisions have consistently enforced the right of the People, not judges, to make their own policy choices. This principle applies to the People’s legislative policy choices, their contractual choices and, most important, to the constitutional policies they have enshrined in our constitution.
The People of Michigan have specifically preserved to themselves the right directly to control their government through policies advanced in ballot initiatives and referenda. It is the constitutional obligation of judges to respect this constitutional right, not thwart it.
Those who opposed the People’s right to control their government by ballot proposals were just as adamant that the People not be given an opportunity to define marriage as a relationship between a man and a woman (2004) and to prevent government sanctioned racial and gender discrimination (2006). They failed. Both of these controversial initiatives were properly placed on the ballot because they complied with all of the ballot petition rules. The voters got to decide on their merits.
Again, the People have proposed a number of constitutional amendments for consideration at the November general election.
As before, opponents of those proposals launched legal challenges to keep them off the ballot. Some critics of the proposals have asserted that the Court should have kept them off the ballot because they were “bad policy.” This isn’t the Court’s function in a constitutional republic. Whether a policy is good or not is a question that the people or the people’s representatives must decide. Our job was to determine whether the proposals complied with the law that establishes the ground rules for voter initiated petitions.
Therefore, on Wednesday, the same Rule of Law majority – that has always striven to follow the law – respected the People’s right of self-governance and ordered those ballot proposals that complied with the republication requirements to be placed on the ballot. As our constitution requires, the People of this State will decide in November whether these proposals should be adopted.
While some may question the wisdom of one or more of these ballot proposals, one cannot, consistent with the principles of a constitutional government, permit or encourage judges to negate the People’s right to decide those policy questions where the proponents have complied with the laws to place them on the ballot.
Chief Justice Bob Young
By Chris Bonneau
The Detroit News, June 19, 2012
Recently the Judicial Selection Task Force testified before the Michigan Legislature on its recent report, which makes several recommendations regarding judicial selection. The most troubling aspect of the report is that the majority of the committee favors, though does not formally recommend, eliminating judicial elections.
Over the last year, a national debate has been brewing over how states select their Supreme Court justices. This debate is not unfamiliar to Michigan, where the people directly elect their judges. Nor is this sudden interest in judicial selection a coincidence.
Several powerful figures have recently coordinated to oppose judicial elections, including the American Bar Association, the American Judicature Society and former Supreme Court Justice Sandra Day O’Connor, who serves as the honorary chair of the Judicial Selection Task Force in Michigan. They tout the commission-based method, “the Missouri Plan,” as an alternative to the partisanship of judicial elections.
But to assume that it eliminates politics or results in a more balanced judiciary is erroneous.
Political scientists have studied judicial elections for quite some time, and plenty of empirical evidence to quantify the impact of elections is available. After going through that data, I have found the following:
Elections do not prompt voters to view judicial institutions as less legitimate. From 2008-09, professor James Gibson of Washington University conducted a series of survey experiments and found that while legitimacy concerns may be raised by particular campaigns, those concerns are not raised when candidates engage in policy talk, negative ads or other ordinary incidents of a judicial race.
There is no discernible difference in quality between judges who are elected and those who are appointed. Recently, law professors Stephen Choi, Mitu Gulati and Eric Posner found that there was no difference between elected judges and appointed judges in terms of quality and output of opinions. They also found that elected judges are no less independent than appointed judges.
Though the authors of the study were cautious in interpreting their findings, any fair reading suggests that elected judges are at least equal to appointed judges in quality and independence.
Campaign spending is key to providing voters with a meaningful choice. Despite the many criticisms of campaign spending, my research has shown that the more money challengers spend trying to unseat an incumbent, the better they perform with the electorate. Limiting campaign spending with strict campaign finance laws also limits competition and increases the advantage of incumbency.
The Michigan Supreme Court plays a very important role in the lives of Michiganians, impacting everything from property rights and business transactions to criminal policy and traditional family policy. So it is extremely important that voters trust that their judges are adhering to the rule of law.
To suggest that elections are unable to deliver a fair court is just not supported by the data. Michigan’s justices and judicial candidates face incentives to be more open, transparent and accountable than if they were being selected behind closed doors by an unelected and unaccountable nominating commission, where special interests and political insiders would dominate.
Chris Bonneau is a professor of political science at the University of Pittsburgh.
New standards hold courts accountable for being accessible, moving cases promptly
The Detroit News
Michigan’s court system is clearly part of the reinvention of state government that is now under way. State Supreme Court Chief Justice Robert Young Jr. is driving the courts toward change that appropriately emphasizes efficiency, transparency and — most of all — providing good service to the folks whose tax dollars support it.
These ideals are hardly revolutionary in other sectors, but let’s face it, the courts long have had an image of stodginess, obscurity and resistance to change. As Young noted in the just-released Michigan Supreme Court annual report for 2011, judges and courts often have stuck with traditions that keep them doing things in comfortable ways that don’t always best serve the public.
The most-noted evidence that the court system is on board with the reform agenda is legislation now passed and signed by Gov. Rick Snyder that over time will eliminate 36 trial court judgeships. That’s based on leadership from the State Court Administrative Office, the administrative arm of the high court, which last year recommended slashing even more judgeships — 45 — along with four Michigan Court of Appeals seats because of a declining population and court load.
That’s an important sign it’s a new day here. Lawmakers had added 30 posts to the judiciary going back to 1989 and, in the past had resisted proposed cutbacks. The reductions will save an average of $140,000 in pay per judgeship and around $6 million a year overall.
The wisdom of these moves is illustrated in the new annual report, which shows that cases continue to decline in every category and at each court level. For example, in district courts, the lowest and busiest level, the number of cases declined to 2.6 million, a drop of 200,000 from 2010 and more than 700,000 below the high of 3.35 million in 2003. Last year, there were 55,435 criminal cases, down from 58,325 in 2010. According to the report, the State Court Administrative Office also is continuing to push circuit, probate and district courts toward concurrent jurisdiction plans in which a judge from one type of court can be assigned to another court, as needed. These courts also share administrative functions.
The judiciary also is streamlining through technology. Courts increasingly are receiving and sharing files electronically, using videoconferencing to conduct hearings and accepting payment of tickets online.
More importantly as far as citizens are concerned, the courts are being held to efficiency goals and pretty much meeting them.
The goal for divorces and domestic relations cases, for example, is resolution within 364 days. According to the report, that target was met in 91 percent of all cases during 2011.
Ninety-six percent of circuit court felony cases were adjudicated within 301 days — important because studies have shown that swift, certain justice is a key crime deterrent.
Quality of justice is hard to measure, Chief Justice Young says, but it is possible to keep track of such factors as the length of time it takes to complete cases; or how often potential jurors are summoned, only to sit waiting all day and finally be sent home unused.
Performance measures, common among businesses in the private sector, now are coming to the courts. That’s a necessary and welcome change.

Chief Justice Young with Governor Snyder after the Governor signed the Judicial Resources Recommendation Bill, February 28, 2012.
JUDICIAL RIGHT-SIZING BILLS PASS HOUSE, HEAD TO GOVERNOR FOR SIGNING; CHIEF JUSTICE ROBERT P. YOUNG, JR. PRAISES LEGISLATORS FOR ‘DOING THE RIGHT THING FOR THE COURTS AND FOR THE TAXPAYERS’
LANSING, MI, February 14, 2012 – State legislators who passed bills to cut unneeded state judgeships came in for praise from Michigan Supreme Court Chief Justice Robert P. Young, Jr., as the last of the bills passed the House today.
Approved by the Senate last week, the bills now head to Governor Rick Snyder for his signature.
“The legislators are doing the right thing for the courts and for the taxpayers,” said Young. “In politics, it’s easy to grow the size of government, but it takes political courage to reduce it. These legislators showed their courage and their common sense.”
The Senate and House both overwhelmingly passed House Bills 5071-75, 5093-95, 5101-04, and 5106-07. If signed by Snyder, the bills, together with legislation already signed by Snyder, would cut 36 state trial court judgeships by attrition. “This is the largest cut in judgeships ever accomplished in the United States – it is unprecedented,” Young said.
When complete, the cuts will save the state approximately $6 million per year. The state will save about $750,000 by the end of 2012 from five open judicial seats that will be eliminated by the legislation.
The bills are based on the Judicial Resources Recommendations, a 2011 report issued by the State Court Administrative Office, the administrative agency of the Michigan Supreme Court. The report called for cutting 45 trial court judgeships in courts where the workload could be handled by fewer judges.
Young noted that SCAO has recommended cutting judgeships for many years. “But past Legislatures weren’t inclined to act,” he said. “The Senate and the House have taken a much-needed step by cutting judgeships that are no longer justified by the workload. This right-sizing of our judiciary is the front edge of reforms we need to make for a more service-oriented and efficient court system.”
Young said that the Supreme Court unanimously supported the 2011 Judicial Resources Recommendations and that the Michigan Court of Appeals, the Michigan Judges Association, the Michigan Probate Judges Association, and the Michigan District Judges Association also endorsed 2 the findings. He also credited the State Bar of Michigan for calling for setting the number of judgeships based on workload.
SCAO, the Supreme Court’s administrative agency, issues a Judicial Resources Recommendations report every two years. For more information on the 2011 report, visit http:/www.courts.michigan.gov/supremecourt/Press/2011JRR.html.
- Michigan Supreme Court Public Information Office, February 14, 2012








