Michigan Democratic Party Chairman Mark Brewer has filed a complaint against Michigan Supreme Court Justice Robert Young with the Judicial Tenure Commission, accusing Young of violating judicial ethics rules and failing to perform the duties of his job.
The complaint alleges that Young had illegal contact with Eric Doster, the chief counsel for the Michigan Republican Party, after Doster filed a grievance in 1999 against another attorney. Though that grievance was filed with the Attorney Grievance Commission, it was possible that the grievance would result in a suit heard by the Michigan Supreme Court; therefore, Brewer alleges, any communication with Doster would have been about a “pending or impending proceeding” which “could have reached the Supreme Court” and therefore such contact violates the rules government judicial conduct.
This frankly seems awfully thin to me. While it’s hypothetically possible that the grievance might eventually make its way to the state’s high court, it was rather unlikely at the time — and in fact, the grievance ended up being dismissed by the AGC.
The second allegation is that Young is currently failing to live up to his duties by not attending important judicial conferences. Brewer alleges that Young has admitted to missing the court’s last four docket conferences and its last administrative conference. Those absences, the complaint argues, amount to disregarding the requirement o all judges to “diligently discharge administrative responsibilities.”
Lastly, Brewer alleges that Young violated court rules by making a public comment about an ongoing proceeding. Specifically, that Young made a public comment in open court about a complaint that he and Justice Maura Corrigan filed against Justice Elizabeth Weaver with the JTC.
Young is the most conservative justice on the Michigan Supreme Court and he is up for reelection this year. The Democrats are likely to continue to attack him in an attempt to weaken him for that election. Young himself is known to use similar tactics, especially against Elizabeth Weaver, a fellow Republican with whom he has long clashed on the court.