When the Michigan Supreme Court developed and voted on a new set of procedures to determine whether a justice should have to recuse themselves from hearing a case due to a conflict of interest or potential bias, Justices Robert Young and Maura Corrigan voted against the new procedures. Now it seems they’re refusing to take part in them as well, as AP reports:
Democratic Michigan Supreme Court Chief Justice Marilyn Kelly has rebuked two Republican colleagues for not participating in a proceeding to determine whether individual justices should be disqualified from hearing the appeal of a civil case.
In an order released Wednesday, Kelly said it sets a “disturbing precedent” that Justices Maura Corrigan and Robert Young Jr. didn’t take part.
Corrigan and Young refused to participate, saying the amended state court rule regarding justice disqualification is unconstitutional.
Chief Justice Kelly is right, this is a disturbing precedent. Whether they’re opposed to the rules or not, they lost the vote and those are now the official court procedures for handling recusal requests. Unfortunately, there is very little the chief justice can do to force their participation.