Experts discuss merits, faults of system to elect Michigan judges

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Money, television and ballot design are among numerous factors that influence Michigan’s current system of electing judges, panelists said during Monday’s Griffin Policy Forum.

The event “And Justice for All? Should Michigan Change the Way We Elect Judges?” was held in the Powers Hall Ballroom. Judge William C. Whitbeck said the current election system could taint the objectivity of the state’s judicial system.

“With the election system, judges are becoming more like politicians,” said Whitbeck, a current member of the Michigan Court of Appeals.

Michigan uses an election system where candidates are placed on a ballot. If a vacancy occurs because of a resignation or death, the governor appoints a replacement.

Rich Robinson, executive director of Michigan’s Finance Network, discussed how money has become more of a variable among recent elections. He said elections were “quiet” before television. Since 2000, however, money has become more of a control in deciding the outcome of elections.

“It’s hard to know if judges are unbiased, especially since half the money given to campaigns is ‘off the books,’” he said.

Michigan places the title “judge” under the name on the ballot of the nominee who currently holds the position. This was seen as an unfair advantage among the panelists, especially since only a small percent of voters actually go to the ballot box to vote for judges.

Marilyn Kelly, chief justice for the Michigan Supreme Court from 2009 to 2010, offered suggestions on how to fix these problems.

“Some states will send out voters guides which provide voters with good information about judges, not biased paraphernalia,” Kelly said. “It’s important to get the voters attention and get them to care.”

Kelly Keenan of Keenan Consulting LLC worked with former Gov. Jennifer Granholm in selecting Michigan judges at all levels. Keenan discussed some of the characteristics Granholm looked for when appointing judges. He said Granholm had a strong policy to ensure she elected the right judge.

“(Granholm) looked for judges who had strong academic records and backgrounds in law,” Keenan said.

Bad Axe junior Matt Verner said the event was a learning experience for him.

“It reinforced what I learned in my PSC 322 class last semester,” he said.

Shelby Township senior Kyle Thompson said he took a general interest in the discussion because he is minoring in political science.

“I learned about the money that is spent on the elections,” Thompson said, “and that Michigan is the only state that elects judges who come from a partisan affiliation and are placed on a non-partisan ballot.”

Griffin Endowed Chair Maxine Berman brought up the flaws that are also in the appointment system.

“Although the appointment system is simple, (John) Engler hardly appointed (Democrats) and Granholm hardly appointed Republicans,” Berman said.

All the panelists agreed that judges should not represent parts of the state.

John Lindstrom, publisher of Gongwer News Service, moderated the event.