I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]
An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.
Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.
Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.
Retired Michigan Supreme Court Justice Elizabeth Weaver last week accused Justice Robert Young of behaving crudely and inappropriately during court conferences, including urging another justice to refer to a state official in a letter as an “ignorant slut” and using the N word while discussing a case.
Justice Young admitted to using that word but that it was part of an “impassioned plea” for someone being denied their rights. But he also said that he could not recall the case being discussed.
On Monday, Weaver released to the website Delayed Justice a transcript of the court conference on the day this conversation took place. She said the transcript is taken from a recording she made of that day’s conference. According to that transcript, Young — who is black himself — was laughing when using that word:
7.130952 STELLA A MOXON V JACK R MOXON -
Chief Justice Clifford W. Taylor (CWT): “I’M QUICK TO SAY THE JUDGE ALWAYS HAS THE RIGHT TO CHANGE THINGS WITH REGARDS TO THESE KIDS.”
Justice Marilyn Kelly (MK): “I THINK SO TOO EVEN THOUGH THAT WAS A SEPARATE…”
Chief Justice Clifford W. Taylor (CWT): “..BUT I JUST WANT TO REMAND THIS FOR FURTHER FACT FINDING CAUSE I DON’T THINK HE HAD ENOUGH IN THERE TO JUSTIFY DOING WHAT HE DID.”
Justice Robert P. Young (RPY): “THE SALE WAS PENDING…”
Justice Michael F. Cavanagh (MFC): “VIVIANO’S SON WAS RUNNING…”
Chief Justice Clifford W. Taylor (CWT): “…ANDREA FERRARA. ISN’T THAT A SCREAM? … YES, THAT’S WHAT SHE SAID. MOVING ON…”
Justice Robert P. Young (RPY): “WATCH OUT FOR THOSE N—–S OUT THERE. (Laughter) REALLY . . .”
Chief Justice Clifford W. Taylor (CWT): “…WE DIDN’T DO THE DEATH PENALTY…”
Justice Michael F. Cavanagh (MFC): “SHE HAS TO MOVE FROM DOWN RIVER OUT TO MACOMB.”
Justice Robert P. Young (RPY): “SHE DID.”
Chief Justice Clifford W. Taylor (CWT): “OH, I’M SURE SHE DID.”
Justice Robert P. Young (RPY): “I THOUGHT SHE LIVED IN…”
Chief Justice Clifford W. Taylor (CWT): “SHE MOVED ACROSS 8 MILE, BOB.”
Justice Robert P. Young (RPY): “I THOUGHT SHE LIVED IN THE POINTS. HER FAMILY LIVES OVER THERE. MAYBE THERE’S A FERRARA DOCTOR THAT’S HER DAD I THINK…”
Chief Justice Clifford W. Taylor (CWT): “…LET’S SEE WHERE WE ARE HERE.”
Justice Robert P. Young (RPY): “ALL RIGHT (laughs). I’M A DENY. STEVE, I DIDN’T HEAR FROM YOU.”
Justice Stephen J. Markman (SJM): “I DON’T THINK TONY (Judge Antonio Viviano) EVEN INVOKED MCR 2.612. I’D FEEL A LOT MORE COMFORTABLE IF WE REMANDED, HAD THEM AT LEAST GO THROUGH THE STEPS.”
Chief Justice Clifford W. Taylor (CWT): “I GUESS MAURA (Justice Maura D. Corrigan (MDC)) …”
Justice Elizabeth A. Weaver (EAW): “WHAT WAS MAURA’S VOTE?”
Chief Justice Clifford W. Taylor (CWT): “SHE WAS A DENY.”
Justice Elizabeth A. Weaver (EAW): “SO, THAT’S FOUR, RIGHT?”
Identity of speaker unclear: “THERES A SPECIFIC COURT RULE AND THE COURT JUST TOTALLY IGNORED IT, MARILYN.”
Justice Marilyn Kelly (MK): “I’M WILLING TO DO THIS . . .”
Chief Justice Clifford W. Taylor (CWT): “IT’S A FACT QUESTION. I MEAN THE FEDERAL…”
Justice Elizabeth A. Weaver (EAW): “RIPPY (RPY), I THOUGHT YOU WERE A DENY.”
Justice Robert P. Young (RPY): “I AM.”
Justice Elizabeth A. Weaver (EAW): “SO, IT’S YOU, MYSELF, MK, AND MDC, RIGHT?”
Justice Robert P. Young (RPY): “RIGHT.”
Chief Justice Clifford W. Taylor (CWT): “BUT I THINK PEOPLE ARE STILL THINKING ABOUT IT.”
Justice Elizabeth A. Weaver (EAW): “I DIDN’T KNOW.”
Chief Justice Clifford W. Taylor (CWT): “SO, DO YOU WANT TO TALK ABOUT IT ANYMORE?”
Justice Marilyn Kelly (MK): “I’M DONE.”
Chief Justice Clifford W. Taylor (CWT): “SO IT’S A DENY.”
Justice Robert P. Young (RPY): “I’LL REMAND.”
Justice Elizabeth A. Weaver (EAW): “3-4 to deny.”
The discussion was about the case of Moxon v Moxon and the discussion was not, as Young had told AP, about someone being treated “without rights, without dignity.” It was simply a procedural matter about whether to deny an appeal or remand it back to the lower court for a more thorough consideration of the case.
Young told the AP on Tuesday that Weaver violated the law by recording that conversation; Weaver denies it.
“She probably committed a felony,” said Justice Robert Young Jr., referring to a state law that requires consent of all involved before recording phone conversations.
Young, the justice who acknowledged using the N-word, said he believes Weaver recorded the court’s discussion of cases on May 10, 2006, while participating by phone from northern Michigan where she lives.
Weaver, who quit the court in August, said state law allows one party to a conversation to record it. She said Young was “trying to divert the public’s attention” from his choice of words and the secrecy and “locker room” manner in which the court conducts public business.
“It’s a shame, it’s a disgrace, and Young should himself be feeling shamed,” she said.
Just the latest in a long-boiling feud between Weaver and Young. Weaver has not released the audio recording, only the transcript.
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