Chief Justice of Michigan Supreme CourtERC Forum Hosts
Justice Clifford W. Taylor
Michigan Supreme Court Justice Clifford W. Taylor addressed the East Side Republican Forum on June 17 at the Grosse Pointe War Memorial.
Opening the meeting was ERC chair, Dr. Julie Corbett, who introduced five members of Girl Scout Troop 3090 to lead the Pledge of Allegiance.
Fellow Justice Maura Corrigan introduced Taylor. In her introduction, Corrigan cited writings by her late husband, Joseph D. Grano, a professor of constitutional law at Wayne State University, which she said precisely apply to the philosophy of the majority of the current Michigan Supreme Court members.
For example, Corrigan supports the philosophy of “textualism.” She explained that this “promotes adherence to the actual text of the statutes.” Her own judicial service began when Governor John Engler appointed her to the Michigan Court of Appeals in March of 1992. Later in 1992 and again in 1994 voters elected her to terms on that court. In 1997 she was appointed Chief Judge of the appeals court, a position she held for two years before her 1998 election to the Michigan Supreme Court.
Taylor explained that as the court changed through the appointment and election process, decisions have been based on the law, not on what some wanted the law to be. Today's beneficiaries are regular citizen/taxpayers, though many or most of them never know it.
According to Taylor, the Michigan Supreme Court enjoys its excellent status due to Governor John Engler. Early on, the court had become unpredictable, and by the 70's it had become a “legislation maker,” during a time when trade unions and contingency-fee lawyers had a considerable political influence. The beneficiaries were Michigan's special interests groups until Engler's appointments influenced the court's composition.
“When the decisions are based on the law the outcomes are more predictable, and the number of cases going to the MSC have been reduced by 50%,” Taylor said.
Taylor stated, “The founding fathers had never worried about the judges and never had to review their findings to see how they felt about issues because they did what judges were supposed to do, interpret the law. There are very few checks on judges.”
While acknowledging that some in Michigan have criticized the Michigan Supreme Court, Taylor noted that it has earned national accolades. For instance, he cited The Wall Street Journal, October 13, 2005, which called the court “The finest court in the nation.”
In response to a question about the Supreme Court's 5-4 decision in Boumediene v. Bush last week, which justifiably sent shock waves through the legal community, Taylor remarked that the majority opinion, authored by Justice Anthony Kennedy, was “distressing” in its disregard of the military process.
Discussing the upcoming presidential election Taylor noted, “The Supreme Court has several older members, and the next president will have the opportunity to make numerous appointments.”
Taylor expressed his hope for a reelection victory in the November 2008 General Election saying, “I would like to have another term on the court, giving the state a generation with the same kind of court.”
Selection as Chief Justice
In January 2005, his Michigan Supreme Court colleagues selected Justice Taylor as the Court's Chief Justice. At that time six of the seven Justices voted to elect Taylor.
Every two years, the Justices elect one of their colleagues to serve in that capacity for a two-year term. According to the Court's custom, a Chief Justice generally serves no more than two consecutive two-year terms.
Education and Professional Background
Chief Justice Clifford W. Taylor, a native of Flint, was appointed to the Michigan Supreme Court in August 1997 by Gov. John Engler to fill the seat vacated by retiring Justice Dorothy Comstock Riley. In 1998, Justice Taylor ran and was elected to fill the balance of Justice Riley's term. Justice Taylor was re-elected to a full eight-year term in 2000.
Chief Justice Taylor received his undergraduate degree from the University of Michigan, and his law degree from George Washington University.
After three years in the U.S. Navy as a line officer, he returned to Michigan and served as an assistant prosecuting attorney in Ingham County. In 1972, he joined the Lansing law firm of Denfield, Timmer and Seelye, which later became Denfield, Timmer & Taylor when he became a partner in the firm. He remained in private practice for 20 years, receiving the highest ratings for competence and character by lawyer rating organizations.
In 1992, Governor Engler appointed him to the Michigan Court of Appeals where he served until his appointment to the Michigan Supreme Court.
Chief Justice Taylor's professional activities include service on the board of directors of the National Conference of Chief Justices, and on the board of the George Mason University Law & Economics Center, which provides judicial education across the country.
He has served on the Michigan Legislature's Commission on the Courts in the 21st Century, and on the Michigan State Board of Law Examiners.
He is co-author of a three-volume work entitled Torts that covers personal injury law in Michigan.
His community activities include having served on the board of directors of Chief Okemos Council of the Boy Scouts of America, and the board of directors for the Michigan Dyslexia Institute.
Taylor resides in Laingsburg with his wife, Lucille.
About Michigan's Supreme Court
The Supreme Court is Michigan's court of last resort, consisting of seven justices. Supreme Court justices are elected for eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot. Two justices are elected every two years (one in the eighth year) in the November election.
Supreme Court candidates must be qualified electors, licensed to practice law in Michigan for at least five years, and at the time of election must be less than 70 years of age. Vacancies are filled by appointment of the Governor until the next general election.
Cases come before the Court during a term that starts August 1 and runs through July 31 of the following year. The Court hears oral arguments in Lansing beginning in October of each term. Decisions are released throughout the term, following oral arguments.
Each year, the Supreme Court receives over 2,000 applications for leave to appeal from litigants primarily seeking review of decisions by the Michigan Court of Appeals. Each justice is responsible for reviewing each case to determine whether leave should be granted. The Court issues a decision in all cases filed with the Clerk's Office.
Cases that are accepted for oral argument may be decided by an order, with or without an opinion. These orders may affirm or reverse the Michigan Court of Appeals, may remand a case to the trial court, or may adopt a correct Court of Appeals opinion.
The Supreme Court's authority to hear cases is discretionary. The Court grants leave to those cases of greatest complexity and public import, where additional briefing and oral argument are essential to reaching a just outcome.
In addition to its judicial duties, the Supreme Court is responsible for the general administrative supervision of all courts in the state. The Supreme Court also establishes rules for practice and procedure in all courts. >>Read about the Michigan Supreme Court.
