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Bringing Certainty, Predictability to the Law
Justice Brian Zahra Tells Forum
'Rule of Law' is Winning the Debate
“The term, 'judicial activist' has become a dirty word!” declared Michigan Supreme Court Justice Brian K. Zahra speaking to the Eastside Republican Club Forum on May 17.
“Today, the rule of law is winning the debate,” he noted.
Yet Zahra cautioned, “Today, even liberal judges now describe themselves as 'rule of law' judges. But the difference is they mean 'rule of the judiciary.'”
Speaking to the gathering at the Grosse Pointe War Memorial in Grosse Pointe Farms, Zahra explained the difference between being ruled by law and being ruled by judges.
“When judiciary expands its power, it reduces the ability of the people to govern themselves. The courts overturn their intent and democracy is undermined,” he warned.
For example, he noted that after thousands of years, “In 2001 the people of Michigan found it necessary to define the word 'marriage.'”
Citizens had a choice. They could have either appealed to their lawmakers, or opted to exercise “direct democracy” by amending the constitution. They chose direct democracy to cut off what a court might do through judicial activism.
“A rule of law judge,” Zahra explained, “is a judge who determines the intent of the lawmakers. This brings certainty and predictability to the law.”
He said, “All judges take an oath to uphold law and the constitution.”
But because of the changing role of judiciary, it is more important than ever to know the views of potential judges, as these judges may impose their own views.
Zahra reasoned, “If legislators are important, then it's just as important to elect judges who will not impose their will over legislatures.”
That's why, he said, voters need to be sure they cast their ballots in more than the hotly contested partisan races. They also must vote the non-partisan portion of their ballots.
Zahra observed that since 1998, the Michigan Supreme Court has had a rule of law perspective. However, the rule of law versus judicial activism will be up for debate again in 2012.
Therefore, he urged the audience, “Educate your friends so they know what it means to have a rule of law judge. In 2012, remember Brian K. Zahra and Stephen J. Markman.”
Zahra's Detroit Roots
Zahra graduated in 1984 from Wayne State University. As a student, he financed his education by operating a retail health and personal care outlet in downtown Detroit, and by opening with two partners a grocery store in Detroit.
In 1987, he graduated with honors from the University of Detroit Law School, where he was a member of the Law Review. While in law school, he also served as articles editor of the State Bar of Michigan's corporation and finance Business Law Journal. He then served two years as law clerk to Judge Lawrence P. Zatkoff of the U.S. District Court for the Eastern District before joining Dickinson, Wright, Moon, Van Dusen & Freeman in 1989.
Governor John Engler appointed Zahra to the Wayne County Circuit Court in 1994. Two years later, he was elected to a six-year term and continued to serve until December 1998, when he was appointed to the Michigan Court of Appeals. Zahra was elected to six-year terms in 2000 and 2006. From December 2005 to January 2007, he served as the Court of Appeals' Chief Judge Pro Tem.
Justice Zahra, who has taught as an adjunct professor at the University of Detroit-Mercy Law School, has served on many professional and legislative committees, including the Michigan civil jury instructions committee, the Circuit Court appellate rules committee, the domestic violence task force for legislation implementation, and the advisory committee for the Michigan Judicial Institute domestic violence benchbook. He has also served on the Michigan Board of Law Examiners, which drafts and grades the examination that law school graduates must pass to become licensed attorneys.
He has been active in many civic and charitable organizations, including Boys and Girls Clubs of Southeastern Michigan, Kiwanis Club International, Leadership Detroit, the Knights of Columbus, the Maltese American Community Club, and the Maltese American Benevolent Society. He is a board member and former officer of the Catholic Lawyers Society, and is a member of the Federalist Society, having served as secretary and vice-president of the Michigan chapter.
Justice Zahra currently resides in Northville Township with his wife, Suzanne, and their two children.
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