April 28 2009 at 05:49 PM

Michigan chief justice sounds alarm about voter confidence at forum

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Dearborn, Mich. – Michigan voters perceive that campaign contributions threaten judicial independence and fairness, according to a recent poll by the Michigan Campaign Finance Network. Chief Justice of the Michigan Supreme Court Marilyn Kelly cited this finding last week during “The 21st Century Voter: Promoting Michigan Voter Power” forum, sponsored by the League of Women Voters of Michigan and the Henry Ford Community College.

“Few believe our justice systems are impartial,” Kelly said. “But we can’t throw up our hands and accept the status quo.”

Some solutions she offered to the more than 100 audience members included: establishing disclosure for high-priced third-party advertisements and providing resources for enforcing such a law; implementing recusal rules for the state Supreme Court that outline when a justice should disqualify him or herself from a case; and creating a public financing system of judicial elections. 


Michigan State Supreme Court Chief Justice Marilyn Kelly and League of Women Voters of Michigan President Jessica Reiser talk before Kelly’s speech at “The 21st Century Voter” conference on April 24 in Dearborn, Michigan. 


The topic of third-party advertising was also discussed in a later session moderated by the Michigan Campaign Finance Network’s executive director, Rich Robinson. He led a discussion between two panelists at opposite ends of the political spectrum, Mark Brewer, chair of the Michigan Democratic Party, and Robert LaBrant, senior vice president and general counsel of the Michigan Chamber of Commerce.

Data collected by MCFN from the public files of state broadcasters and cable systems show that the Michigan Chamber of Commerce, the Michigan Democratic Party and the Michigan Republican Party paid $3.75 million for television advertisements in the 2008 Supreme Court race that sought to define the candidates’ character, qualifications and records but made no mention of voting. Meanwhile, the candidates themselves raised and spent a total of $2.5 million. MCFN research shows that this trend has been on the rise since 2000.


Michigan Campaign Finance Network Executive Director Rich Robinson “referees” a panel on third-party advertising in state Supreme Court elections, as League of Women Voters of Michigan President Jessica Reiser observes. Panelists from left: Michigan Democracy Party Chair Mark Brewer and Michigan Chamber of Commerce Senior Vice President and General Counsel Robert LaBrant.


“Groups moved into this arena because the political calculus of moving seven people on the court versus 100 people in the legislature” was much more favorable, Brewer said.

“If other groups are getting involved [in judicial elections] and you don’t, shame on you,” LaBrant added.

The panelists agreed that public financing of judicial campaigns could offer some promise of insulating candidates from rough-and-tumble politics, but they were unsure of the feasibility of such reform in Michigan.


Pat Donath of the League of Women Voters of Michigan visits with a colleague in between conference sessions.


Other sessions at the forum addressed “Revisiting Term Limits” and “Innovations in State Election Laws.” Segments from the conference will be posted on http://www.mivote.org.

—Leah Rush