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Says Law Should be Predictable, Accessible to Citizens
Justice Markman Advocates Judicial Restraint
Citizen Protection From Criminal Predators
Pledging judicial restraint, Michigan Supreme Court Justice Stephen J. Markman declared, “This is not going to be a court that puts its thumb on the scale for a party we like or do not like.”
Markman's comments came during the ERC Forum on January 20, 2004, at the Grosse Pointe War Memorial.
In his talks about the Court around the State of Michigan, Markman said, “I deliver a consistent message. I don't discuss government spending, the latest crisis, or disputes.” He said, “The job of a justice is an unchanging one.”
Markman's Promises
He said his focus was maintaining his commitment to Michigan citizens by keeping four unchanging promises: 1) Saying only what the law is, not what it ought to be; 2) Faithfully interpreting the lawmakers, instead of engaging in politics by another name; 3) Keeping sight of individual responsibility and personal accountability; and 4) Protecting citizens from criminal predators.
The last commitment, Markman said, “Means upholding the citizen's first right, his right to protection.”
According to Abigail Thernstrom, writing in the Wall Street Journal, Markman is a member of the current Michigan Supreme Court majority that “views a criminal trial as neither a legal game nor a further opportunity to tie the hands of law enforcement.”
Trial Lawyers See High Stakes
Markman said his philosophy of judicial restraint now prevails in Michigan, despite $10 million having been spent to defeat like-minded justices in 2000. “For the first time in more than 40 years, Republicans are the majority on this seven-member court and they are an unusually thoughtful, sophisticated and articulate group. Can it be any surprise that the trial lawyers are determined to defeat them?” >> Read “Rule of Law.
He explained that having a government of laws, not of men, offers legal stability and predictability. Markman said, “When we substitute our own prejudices and personal will for the words of lawmakers, you citizens have lost something.” He said that without judicial restraint, “Law becomes less accessible and defensible.”
Justice Markman serves as the 103rd Justice of the Michigan Supreme Court. He was originally appointed 1999 by Gov. John Engler to fill the seat vacated by Justice James Brickley. In 2000 he was elected to complete the term. In response to a question from the audience, Markman explained that his term of office, and that of one other Michigan Supreme Court justice, expires this year.
 Looking ahead to November Markman said, “The election will determine whether we have the constitution of its framers, or a constitution invented the day before yesterday by the justices.”
Markman's Distinguished Career
Prior to service on the Supreme Court, Markman served as Judge on the Michigan Court of Appeals, having been re-elected in 1996 and 1998 from his 60-county judicial district. Prior to being appointed to the Court, Markman practiced law with the Detroit firm of Miller, Canfield, Paddock & Stone. From 1989-93, he served as U.S. Attorney in Michigan after being nominated by President George Bush and confirmed by the United States Senate.
Earlier in his career, Markman served four years as Assistant Attorney General of the U.S. after being nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Justice Department's Office of Legal Policy, which served as the principal policy development office within the Department and coordinated the federal judicial selection process. Prior to this, he served as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, and for seven years as Deputy Chief Counsel of the U.S. Senate Judiciary Committee.
Higher Education
Markman is a graduate of Duke University and the University of Cincinnati School of Law. He is a frequent contributor to academic and popular journals on legal and constitutional issues. He has authored articles for the Stanford Law Review, the University of Chicago Law Review, the University of Michigan Journal of Law Reform, the American Criminal Justice Law Review, the Barrister's Law Journal, the Harvard Journal of Law & Public Policy, and the Detroit College of Law Review.
Justice Markman teaches constitutional law at Hillsdale College. He has traveled to the Ukraine on two occasions on behalf of the State Department and the American Bar Association to provide assistance in development of that nation's new constitution. Markman is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the American Inns of Court, and a member of the One Hundred Club.
Activity Beyond the Courtroom
Markman has actively participated in and spoken before numerous youth and civic organizations in Detroit and throughout Michigan, and has coached Little League baseball and basketball teams. He lives with his wife, Mary Kathleen, and their two children, James (13) and Charles (10), in Mason, a Lansing suburb.
The Eastside Republican Club Forum is held on the third Tuesday of the month, admission is free, and the public is always welcome.
Note: In addition to Markman, Justice Marilyn Kelly will stand for reelection on the November 2, 2004, General Election ballot. Kelly's judicial philosophy is detailed on her campaign web site, which also advertises her long-standing membership in the American Civil Liberties Union and the National Organization of Women. Both Kelly and Markman are sure to be opposed in their November 2004 bids for reelection.
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