The Michigan Court of Appeals has agreed to hear a case revolving around the question of incumbency in Bay County. At the heart of the matter is whether or not a judge, appointed to replace a retired judge, should be designated as an incumbent.
The Bay City News has the scoop on this case.
Back on May 31, Bay County Circuit Court Judge Scott J. Newcombe retired. Gov. Jennifer Granholm appointed Jennifer Cass Barnes to replace him on the bench on April 22. Cass Barnes took over on the bench on June 1.
That same day, Saginaw Circuit Court Judge Fred L. Borchard ruled Cass Barnes was entitled to incumbency status on the August primary ballot.
Cass Barnes’ primary opponents are not happy with that ruling, arguing that she is not entitled to the title of incumbent because she was not officially on the bench nor had she filed an affidavit of candidacy, by the state mandated March 22 deadline. As a result, the Secretary of State’s office declared the Bay County Circuit Court seat a non-incumbent race on March 23. It has since been revamped, according to the Bay City News, to reflect the seat as being held by an incumbent.
Cass Barnes will appear on the ballot with Mark E. Janer, Stevens J. Jacobs, Abel B. Torres and Eric W. Zimostrad. The top two vote getters will appear on the November ballot, with the top voter getter taking the bench in January.