Forum Features Judges Corrigan, Kelly, Zahra
Judicial Incumbents Seek Support
On November Non-Partisan Ballot
Michigan's one-state recession, judicial restraint, and “referendum pandemonium” were among topics covered by three incumbent judges appearing at the June 20, 2006, ERC Forum held at the Grosse Pointe War Memorial.
Moderated by Thomas R. McCleary, Jr., the judges were Michigan Supreme Court Justice Maura Corrigan, Michigan Court of Appeals Judge Kirsten Frank Kelly, and Judge Brian K. Zahra, also a Court of Appeals judge. Names of all three will be on Michigan's November 7 General Election ballot.
Justice Corrigan
First to speak was Justice Corrigan who commented on Michigan's current economic reality. She said, “All of us understand what a mess Michigan is in right now.”
Justice D. Maura Corrigan, Grosse Pointe Park, was elected to the Michigan Supreme Court in 1998 and served two terms as Chief Justice from 2001-2004.
She graduated from Marygrove College in 1969, and from the University of Detroit Law School in 1973. She next worked as a law clerk to Michigan Court of Appeals Judge John Gillis and as a Wayne County Assistant Prosecutor.
In 1979, she became an Assistant United States Attorney, serving as Chief of Appeals and later Chief Assistant United States Attorney. In 1989, Justice Corrigan became a partner at Plunkett & Cooney, a venerable Detroit law firm.
In 1992, Governor John Engler appointed Corrigan to the Michigan Court of Appeals. She was twice elected to that court and was appointed as its Chief Judge from 1997-1998 until her election to the Supreme Court.
Traditionally, candidates for the court are nominated by political parties. They are presented to Michigan voters on the nonpartisan ballot. Michigan Supreme Court justices are elected for eight-year terms.
Judge Kirsten Frank Kelly serves on the Michigan Court of Appeals, First District. Her current six-year term expires January 1, 2007.
Judge Kelly, Grosse Pointe Park, was elected to the Michigan Court of Appeals in 2000. Previously, she served three terms as a municipal judge. Kelly has also served as a judge of the Wayne Circuit Court, and presiding judge of the family division of the Wayne Circuit Court.
She received a Bachelor of Arts degree from Michigan State University in 1978, and a 1981 Juris Doctor degree from University of Detroit School of Law.
In Michigan, final decisions resulting from a circuit or probate court hearing may be appealed to the Court of Appeals. The court is an intermediate appellate court between Michigan trial courts and the Michigan Supreme Court. Court of Appeals judges are elected for six-year terms.
Judge Brian K. Zahra, Northville, presently serves on the Michigan Court of Appeals, First District. His present term expires January 1, 2007. Judge Zahra is seeking re-election to another six-year term.
Chief Judge Pro Tem Zahra was appointed to the Court in 1999. Previously, he served as a judge of the Wayne Circuit Court.
Zahra was a law clerk to U.S. District Court Judge Zatkoff, an adjunct professor at University of Detroit Law School, and worked as an attorney in private practice. He received his bachelor's degree from Wayne State University and his law degree from the University of Detroit Law School.
Among other endorsements for the Court of Appeals, the Michigan Chamber of Commerce has endorsed both judges Kirsten Frank Kelly, and Brian Zahra.
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“Though Michigan is suffering a single-state recession and there is much finger pointing,” she said, “you don't have to be worried about the Michigan Supreme Court.”
She said that according to the Wall Street Journal, Michigan has been referred to as “the finest Supreme Court in the nation.”
Corrigan also noted the Washington Examiner listed the Michigan high court as a “judicial point of light” in contrast to what it described as “judicial hellholes around the country.”
The Supreme Court Justice said she is proud of the work that has been accomplished in the last seven years. She said the court has been “restored to the Constitutional scheme the founders of our country intended, and that our [Michigan] Constitution requires.”
Our constitutional government's greatest threat, she said, has been “Judges who do not understand the limits of their power.” She added, “When judges exceed their power, they threaten your rights of self government.” Corrigan declared, “That is not happening in Michigan!”
Corrigan promised, “We will follow and apply the language of the law.”
She reported that a recent study showed Michigan's litigation environment has improved, as its rank has moved up from 29th to 22nd among the 50 states. But considering neighboring Indiana is ranked in the top five, Corrigan said that Michigan's rank is still not good enough to make Michigan competitive.
Judge Kelly
Next to address the Forum was Judge Kelly. Recognizing her role as judge, Kelly said, “We are bound by legislation and precedents the Supreme Court gives us.”
She said the role of a Michigan judge is to apply the law without creating new law. Kelly said, “Policy decisions do not belong to the judicial branch.”
Michigan ballots contain both a partisan and non-partisan section where judicial candidates are listed. Kelly noted, “There is a huge drop-off between the number of votes cast on the partisan and on the nonpartisan portion.”
Complementing the ERC, Kelly said, “Events such as this Judicial Forum encourage informed voting, especially in non-partisan races.”
She noted that she is serving her 18th year as a judge, and the November 2006 General Election will represent her ninth contested election.
Kelly explained that her Court of Appeals district encompasses Wayne, Monroe, Lenawee, Calhoun, and Hillsdale counties.
Judge Zahra
The third judge was Judge Zahra who reflected on his travels around Michigan. The judge predicted, “This November we may well hear the question, 'Are you better off today than you were four years ago?'”
Answering the question, Zahra said, “I know that, economically, we are not better off today.” He said, “One area in which I can emphatically state we are better off today than eight years ago relates to the court system.”
Explaining that he shares the philosophy of Judge Corrigan and the majority of Michigan Supreme Court justices, Zahra said he aims to search for the rule of law and respects the separation of powers, “Leaving to the legislature the significant policy questions of the day.”
With an eye to the November 7 election, he observed, “There are many special interest groups that oppose that concept.”
He said, “Special interest groups have spent millions to defeat our Supreme Court, and those special interest groups are targeting me and targeting Judge Kelly for defeat.”
Zahra said these groups believe they can easily influence Michigan's judiciary, because they feel people don't understand or care about those races. >>Link to re-elect Zahra.
Judges Answer Audience Questions
In response to an audience question, Zahra explained that the November ballot would present four candidates for two seats on the Court of Appeals, 1st District. Voters will be instructed to vote for not more than two. Zahra and Kelly are incumbents in that race.
Corrigan explained that, although the nomination process has not concluded, she expects a qualified fellow conservative will be nominated to join her in the race for the two Supreme Court positions. Note: In a July announcement, former state representative Marc Shulman of West Bloomfield said he would seek the Republican nomination for the second Michigan Supreme Court position.
Asked why the constitutionality of judicial activism seems to go unchallenged, Judge Kelly noted that decisions are often appealed to a higher court.
Judge Zahra added his perspective. He said that while liberal judges don't openly claim to legislate from the bench, nonetheless, voters are reacting to this judicial activism. One response, he said, is “referendum pandemonium,” the unprecedented increase in ballot initiatives and constitutional amendments.
He said, “People are rushing to take action” on the belief that unless an issue is resolved in advance, an activist court may succumb to a temptation to overreach.
The Eastside Republican Club Forum is held on the third Tuesday of the month from September through June. Admission is free and the public is always welcome.