Free Press Choice for Michigan Supreme Court

Four candidates are vying for two seats on the Michigan Supreme Court.

The seven justices serving on the state Supreme Court are the final authority on state law, ruling on whether state civil rights law prohibiting sex discrimination applies to sexual orientation (applies, the court ruled in 2022), or the constitutionality of this year’s controversial “pass and amend” legislative process—it failed muster.

The High Court also oversees the lower courts, sets procedural rules for all Michigan courts, and rules on requests from the Judicial Tenure Commission to remove judges for misconduct.

A feature of Michigan politics (and one that can be a source of confusion for voters) is that court seats are nonpartisan, but candidates for those seats are nominated by political parties.

Incumbent Judge Kira Harris Bolden, the Democratic Party’s nominee, was nominated by Gov. Gretchen Whitmer after former Chief Justice Bridget McCormack left the court in 2022. Harris was the leading popular vote in that year’s election.

William O’Grady, a Western Michigan District Court judge nominated by the Republican Party, is running to unseat Bolden.

University of Michigan law professor and director of the Juvenile Justice Clinic Kimberly Ann Thomas, nominated by Democrats, and state Rep. Andrew Fink, R-Hillsdale, nominated by the GOP, are vying for the seat soon to be vacated by retiring Judge David Viviano.

Each judge is elected for a term of eight years.

Approvals: Free Press Elections for Michigan House, Senate and House of Representatives in November 5 Elections

Kira Harris Bolden and William O’Grady

Harris Bolden was a state legislator before taking office, representing Southfield and the surrounding area for two terms, serving on the House Judiciary Committee and representing several bills related to criminal justice reform it was signed the law. Before that, she was a bailiff and criminal lawyer.

In her short tenure, Bolden wrote three majority opinions, one unanimous, demonstrating her ability to reach consensus and the respect of her fellow justices as the court’s least senior member.

Harris Bolden enjoys the public affairs responsibilities that come with being a Supreme Court justice, leading two task forces on treatment courts and child welfare, working with attorneys, judges, social workers and legislators to increase statewide access to resources that can improve the results of the judicial system. .

She also regularly speaks at churches and schools about being the first black woman in Michigan to serve on the state Supreme Court.

Following his appointment, Harris Bolden hired an ex-convict as a clerk, which caused some controversy and led to the clerk’s resignation.

Harris Bolden stands by his decision to hire this man.

“I think judges and judges should believe in second chances,” she told the Free Press editorial board. “I think that’s an important part of this job, to be compassionate and empathetic and not give life sentences to people who don’t deserve that reaction. I think justice requires that when people serve their time, we allow them to be productive citizens.”

O’Grady is a former Michigan State Trooper who served on the 15th District Court and probate benches in Branch County.

O’Grady, who calls himself a “rule of law” judge, has been endorsed by former U.S. House Speaker Newt Gingrich and former President Donald Trump. He describes himself as a “strict textualist” – if you are not familiar with the jargon, textualists, or originalists, look for a straightforward reading of the original language of the US and state constitutions, divorced from changing cultural or social conditions. and often accuse their ideological opposites of “judicial activism” or “legislating from the bench.” U.S. Supreme Court Justice Clarence Thomas, who was part of the Dobbs majority that overturned Roe v. Wade, is a noted originalist.

But the job of judges is to interpret the law, not just recite it. After all, it is an organ that spends time thinking about the meaning of the words “should” and “must” or “preserve” and “maintain.”

Two years on trial KIRA HARRIS BOLDEN has established himself as a collegial, fair and responsive lawyer. Michigan voters should elect her to a full term.

Opinion: Judge of the “rule of law”? Don’t be fooled. Here’s what it really means

Kimberly Ann Thomas and Andrew Fink

Two thoughtful, qualified candidates are vying for an open seat on the court.

Kimberly Ann Thomas, a trial and appellate attorney, is currently a professor of law at the University of Michigan Law School, where she directs the school’s Juvenile Justice Clinic. She served on Michigan’s bipartisan task force on juvenile justice reform and worked on the American Bar Association’s Rule of Law Initiative, developing curriculum for law schools in countries such as Turkey and Jordan.

Thomas says she wants to ensure the quality of justice administered by Michigan’s highest court and points to hands-on experience in the state’s lower courts, saying she will bring real value to the court.

Thomas has a keen understanding of the role of a judge, which she says always begins with the law as written but extends to an analysis of legal precedents that have arisen since the law was enacted—in Michigan courts, other state Supreme Courts, and the Supreme Court. U.S. court—and the interpretation of the law in briefs filed by each party. If a court deviates from a textualist interpretation, she said, it must have a real reason or explanation to point to. She said regulations must be reasonable, but Michiganders must also have faith and confidence in those decisions.

She believes the court’s seven-member structure is designed to encourage collaborative discussions and decisions.

Thomas has spent significant time among juveniles, working on a state task force and at a university clinic, and can be a needed expert voice in cases affecting the state’s most vulnerable citizens.

State Rep. Andrew Fink, R-Hillsdale, was a U.S. Marine Corps attorney before going into private practice with a family firm in Ypsilanti. He ran for the state Legislature in 2020 and is serving his first term in office.

Fink says his candidacy is the next step in a career focused on public service. He also calls himself an “originalist” – a term he says has become “politicized” – and says he hopes to change what he sees as “inconsistency” in the court’s current decision-making process, which he says is engendered by “too flexible approach.” approach to resolving the case,” but insists that he will work collaboratively and collegially with the other judges on the court.

Among the candidates, Fink stood out as his opponent of a virtual court. While there is near-universal agreement that many important court proceedings should be conducted in person, virtual court has made it easier for people charged with minor traffic violations, for example, to resolve their problems while balancing work and family.

Regular Free Press readers know that the editorial board demands that elected officials uphold democracy at every level and in every branch of government, which is why we often ask candidates who they think won the 2020 election. In the case of Fink, he cleared everything up and gave a far from sufficient answer.

Another media outlet erroneously reported that Fink attended the Jan. 6 “Stop the Steal” rally in Lansing. Fink provided cellphone data showing he was splitting his time that day between his Hillsdale home and his Ann Arbor law firm, and the publication subsequently corrected the report. But when asked in an approving interview this month whether President Joe Biden won the 2020 election, Fink gave a confused answer: “I don’t have any alternative outcome. You know, this guy had enough electoral votes to win, and that’s how you win a presidential election.”

KIMBERLY ANN THOMAS is a more well-rounded candidate with a more nuanced understanding of the complexities of the judge’s role and the needs of the Michiganders she will serve.

Write a letter to the editor at freep.com/letters and we can publish it online and in print. This story has been updated to correct a typo.

This article originally appeared in the Detroit Free Press: Endorsement: Free Press Pick for 2024 Michigan Supreme Court Race