Weaver gives up on reform but helps break up the Gang of Four

Republican heads all over the state exploded yesterday with the news that Republican Michigan Supreme Court Justice Elizabeth Weaver resigned and Gov. Jennifer Granholm appointed Michigan Appeals Judge Alton Davis from Grayling to the bench, giving Democrats a 4-3 majority on the court for the first time in nine years.

Weaver has been vilified by Republicans with names like evil, a traitor and names I can’t repeat, and even the Livingston County Daily Press & Argus joined in the chorus with a misguided editorial called “Weaver gamed a system that begs for reform.” Reform the system is what Weaver has been pushing for years. She has been a Justice for two terns serving for 16 years and nominated by the Michigan Republican Party for her two terms.

The party indicated that they were not going to nominate the incumbent Justice at their convention Saturday. And exactly what was Weaver’s crime that she was not going to be nominated for a third term? On occasion she exercised some actual independence and did not always vote with the former Republican “Gang of Four.”

The Gang of Four once consisted of the activist judges Cliff Taylor, Robert Young, Stephen Markman and Maura Corrigan. “Sleepy Cliff Taylor” was unseated by Justice Diane Marie Hathaway in 2008, becoming the first incumbent Justice to lose in 24 years.

During that dark time the Gang of Four held sway, no insurance company lost a case, it expanded government immunity so much that government can only be sued if a pot hole is so large you have to climb out of it and destroyed product liability in the state.

The paper calls Weaver a “Maverick,” and claims that Weaver engaged “after years of squabbling that belie the high-court's image of decorum.” I guess if a maverick is someone who doesn’t march in lock-step with the four Republicans then she is a maverick. I don’t know why the squabbling is only Weaver’s fault and not of the Gang of Four (3).

Bur Weaver does agree with the Republican editorial board that the court needs to be reformed, and in fact, she has pushed for a less partisan way to choose Justices for years, including such things as term limits and other reforms. But to say she “gamed the system” is ridiculous, and smacks of sour grapes.

For on example of her attempt at reform, last October Weaver testified in front of the Senate Campaign and Election Oversight Committee in favor of Senate Bill 745 that would elect the state's seven Supreme Court justices from districts instead of on a statewide basis. Currently, most of the Justices are from southeast Michigan, and only Davis from the UP is an exception.

To show you how difficult it is to reform the court, the bill was introduced by a Republican candidate for Secretary of State, Sen. Michele McManus, R-Lake Leelanau, and supported by GOP boosters the Michigan Chamber of Commerce, but it still did not get more than a hearing in committee controlled by Republicans and remains there.

Elizabeth Weaver is my new hero.

Michigan Republican Party now paying for false Willie Horton-like attack ad against Judge Hathaway

The right is emptying the sewers in attacking Judge Diane Marie Hathaway, but the good news is that it means she has a good chance of winning the seat over an incumbent on the Michigan Supreme Court.

The Michigan Chamber of Commerce took a shot at Hathaway with a vile ad of their own in order to prop up their stooge on the court, Cliff Taylor, the leader of the three other extreme rightwing activist judges known as the "Gang of Four." The ads are false, attacking her sentencing record as a Wayne County Circuit Court Judge.

The latest pair of false attack ads are being paid for by the Michigan Republican Party. I'm happy to see they are spending money on this trash they didn't expect they would have to spend and will not be able to spend elsewhere. We can only hope voters are smarter than the GOP give them credit for, and they will see through the lies. I think they are or the race would not be this close.

The vilest ad features a sinister mug shot of Dearborn resident Hussein Ali Zorkot in a Willie Horton-like ad. The third-year Wayne State University medical student was arrested on Sept. 8, 2007 in Dearborn's Hemlock Park with a loaded AK-47. He was sentenced in a plea deal on July 29 to two year's probation.

The Republicans are, of course, using their tried and true tactics of fear and racism, and trying to label him as a terrorist. He has not been identified as a terrorist or linked to any terrorist group, according to law enforcement officials. It was a plea deal, and if Hathaway went against the deal the prosecutor made there would be a trial.

The next ad is built around one single quote that appears to be taken out of context. This is the quote: "most of the Winter on the Sunny Beaches of Florida." That's it. It has to be taken out of context because it's not a complete sentence. It references the Oct. 25, 2006 issue of the Michigan Chronicle. The ad features beach scenes, and uses the incomplete quote as the reason Hathaway ran for Michigan Appeals Court Judge in 2006.

Sleepy Taylor one man show gets rave reviews

For a great piece of performance art that reflects real life, check out the touring show sponsored by Democratic Party Chair Mark Brewer with a staff member portraying Sleeping Judge Cliff Taylor when he fell asleep during a Michigan Supreme Court hearing for the case of two mothers who lost six children in an apartment fire owned by the Detroit Housing Commission.

In a press release, Brewer said Taylor, who leads the conservative majority of activist judges known as the "Gang of Four," has been snoozing while Michigan families have been devastated by rulings that changed Michigan law and unfairly protected special interests, corporate polluters and drug companies.

"Just like you wouldn’t want a driver asleep at the wheel, you wouldn’t want a judge asleep on the bench,” Brewer said. “Cliff Taylor has repeatedly turned his back on Michigan families and changed Michigan law to protect special interests and corporate polluters. Michigan families need Supreme Court justices that will put our families first, not their excessive pay and perks.”

Brewer unveiled the show yesterday on the steps of the Michigan Hall of Justice in Lansing. Brewer outlined some of the most egregious Taylor rulings that unfairly protected corporations and polluters, at great expense to Michigan citizens and families. During the press conference, the young thespian playing Sleepy Cliff jerked awake when Brewer mentioned his perks, his salary and how he has protected the status quo.

Among the more horrendous cases, Taylor refused to hold a landlord liable for faulty wiring that sparked a fire in which six children were killed. During arguments in that case, eyewitnesses said Taylor fell asleep. He wrote the opinion upholding Michigan's unique drug immunity law, which allows drug companies to avoid responsibility when their products hurt or kill someone. Taylor also changed Michigan’s Environmental Protection Act in the Nestle case, making it harder for citizens to protect the environment. The state House Judiciary Committee is investigating Taylor for abuse of power and misconduct.

The one man show is currently touring the state. Be sure to vote for Judge Diane Marie Hathaway for Michigan Supreme Court in the nonpartisan part of the ballot.

Laughable chamber attack ad against Hathaway reads like a bad parody

Here’s a surprise. The Michigan Chamber of Commerce is endorsing extremist rightwing activist judge Cliff Taylor over Judge Diane Marie Hathaway in the race for Michigan Supreme Court.

Not only that, they are running commercials statewide for Taylor to the tune of $2.5 million. The chamber endorsement is not surprising when you consider no individual has won a case against an insurance company or corporation in a decade in the court ran by the “Gang of Four.”

These ads are such a cliché they seem like almost an SNL parody, right down to the voice at the end that tells you to call the candidate and tell them to stop abusing puppies, stop pulling tags off of mattresses, stop stealing candy from babies or fill in the blank. The only difference in this ad is it has a woman narrating instead of a deep-voiced man trying to scare you.

The gist of the ad is Hathaway allegedly gave a sexual predator a light sentence. The last line is hilarious:
“Tell Diane Hathaway don’t give sexual predators light sentences.”
Brilliant.

Apparently, the chamber missed the endorsement of the Michigan Association of Police Organizations who did so because of Hathaway's record on drug and sex crimes. She also has the endorsement of the Detroit Police Officers Association, Wayne County Sheriff Warren Evans, Wayne County Prosecutor, Kym Worthy, Macomb County Prosecutor Eric Smith, Macomb County Sheriff Mark Hackel and Marquette County Prosecutor Gary Walk.

TV station bows to political pressure and censors political ad in Supreme Court race

CBS affiliate WWMT-TV in Kalamazoo censored political speech Thursday when it pulled the ad pointing out rightwing activist judge Cliff Taylor fell asleep when hearing the case of two mothers who lost six children in an apartment fire owned by the Detroit Housing Commission.

The add, called "The Fairly Tale of the Sleeping Judge," features the two mother's saying Taylor fell asleep during their case. They also filed an affidavit stating what they saw. But the attorney representing the Detroit Housing Commission also filed an affidavit saying he did not see Taylor nod off. The Housing commission, of coursed, won the case; no individual has won a case against an insurance company, municipality or corporation heard by the four activist judges known as the "Gang of Four" led by Taylor in a decade.

According to subscription only Gongwer, the decision to pull the ad came after station discussions with Alan Wilk, counsel for the Taylor campaign, and the Michigan Democratic Party. The campaign had asked all stations in the state to pull the ad, but only WWMT in predominantly Republican West Michigan bowed to political pressure and censored the ad.

I have already sent an email protesting the station's decision to censor political speech and knuckle to political pressure, and I urge you do the same. General Sales Manager James Wagner can be emailed at wagner@wwmt.com. To phone the station call (269) 388-3333 or toll free at (800) 875-3333.

Taylor's opponent, Judge Diane Marie Hathaway, continues to rack up endorsements, and yesterday she received several endorsements from local law enforcement leaders, each citing Hathaway's record on drug and sex crimes. Those endorsements include Detroit Prosecutor Kym Worthy and the Michigan Association of Police Organizations.

LSJ Journal urges readers to oust Taylor from broken Michigan Supreme Court

The Lansing State Journal is the latest newspaper to endorse Judge Diane Marie Hathaway to help fix the broken and politicized Michigan Supreme Court.

Hathaway is squaring off against rightwing Republican Cliff Taylor, and he leads the partisan majority of activist judges known unaffectingly as the "Gang of Four" that have slammed the door to the courts shut to all but insurance companies and the richest corporations. If fact, the LSJ endorsed Hathaway's candidacy "as a way to protect the rights of Michigan residents against the assaults of the Taylor-led court."

The newspaper also said "The most important vote a Michigan resident can cast this fall is to oust Chief Justice Clifford Taylor from the Michigan Supreme Court." That would be a blow for justice, so be sure to flip your ballot over and vote in the nonpartisan section for Judge Hathaway.

Michigan Republican Chair Saul Anuzis is doing more than spinning over a TV ad that accused Taylor of sleeping during oral arguments on the bench in a case where six children died in a house fire. In the case, McDowell vs. City of Detroit, the two mothers of the dead children said that Taylor fell asleep during their case. What's Anuzis's answer? The mother's are lying.

He's all class.

Judge Hathaway leading in Michigan Supreme Court race

The Livingston County Democratic Party has a couple of big events, and recent news about the Michigan Supreme Court will make the burgers at Sunday's event a lot tastier.

Supreme Court nominee Judge Diane Marie Hathaway will be the guest of honor at a "Flip the Court" barbecue at party headquarters, 10321 E. Grand River Ave. In Brighton, at 4 p.m. Sunday. The friendly, local Democrats will be flipping burgers and educating voters on how to "flip the ballot," to vote the non-partisan section of the ballot, and flip the court back to fairness. A $10 donation is appreciated.

Hathaway is trying to unseat Cliff Taylor for the eight-year seat. He leads the Republican majority of activist judges known as the “Gang of Four” that has been rated the worst court in the country. It is virtually impossible to unseat a sitting Justice, but a recent poll has raised some eyebrows. A survey of 600 likely Michigan voters conducted by Marketing Resource Group (MRG) between Sept. 15-20 showed Hathaway with a slight lead over Taylor.

It also showed that 68 percent of voters are undecided, but that is not unusual for a Supreme Court race. But the surprise is that an incumbent is behind with that much more undecideds is what is unusual. Because Taylor is a shill for insurance companies and large corporations, he has a massive war chest estimated at more than $1.1 million, and we can expect him to start spending some of that blood money attacking Hathaway.

On Oct. 4 at 6 p.m. at the Whispering Pines Golf Course, 2500 Whispering Pines Drive
Pinckney, the LCDP is hosting a "Countdown to Victory" party featuring former U.S. Congressman David Bonior of Macomb County.

Bonior, a former Michigan congressman and long-time champion of the working class, will lay out the stakes for us in this election and get the party faithful fired up for the last 30 days of the campaign. During his 11 years in office, Bonior was the public face of Democratic opposition to the NAFTA, and he was known for his tenacity in opposing Rightwing Speaker of the House Newt Gingrich.

In addition to Bonior, the candidates for local offices - from State House to township offices – will also be there. The suggested donation of $25 per person will help us pay for the last big push, as well as cover an excellent lasagna dinner. Only limited seated will be available at the door, and the deadline for registration is Sept. 29.

For information on either event call (810) 229-4212 or email livcodems@sbcuc.net.

Free Press columnist documents more harm the Gang of Four has brought

Detroit Free Press Brian Dickerson provides one more case study on why the Republican majority of activist judges on the Michigan Supreme Court known as the “Gang of Four" needs to go.

Dickerson's Sunday column outlines the case of West Bloomfield resident Julian Wendrow who was unlawfully jailed for the alleged molestation of his teen autistic daughter. Only after the investigative work of a pair of Free Press reporters did the case get dropped and he was freed. It was nice to see the corporate media do what it was intended to do and why I became a reporter to begin with.

The Free Press published videotaped excerpts of an abusive, two-hour police interrogation of Wendrow's 13-year-old son, who has a form of autism known as Asperger's Syndrome, where he was badgered to implicate his father.

Last week, Wendrow sought justice thorough the courts where justice is supposed to be blind, and he sued a long list of officials, including Oakland County Prosecutor David Gorcyca, Sheriff Mike Bouchard and West Bloomfield Police Chief Ronald Cronin.

To do so, Wendrow has to prove that those officials acted with reckless disregard for the plaintiff's welfare or constitutional rights because government employees are protected against lawsuits for doing their job unless they acted with reckless disregard; which evidence indicates they did in this case.

The problem is that the Gang of Four has expanded government immunity so much that government cannot be sued.

Cliff Taylor is the leader of the Gang of Four, and Wayne County Circuit Court Judge Diane Marie Hathaway is running to unseat him and restore balance to the court.

Brewer squashes McCain’s false maverick claim

HOWELL -- Michigan Democrat Party Chair Mark Brewer was supposed to talk about the sweeping Reform Michigan Government Now ballot question Tuesday, but a decision by the Michigan Supreme Court to keep it off the ballot put a crimp in that.

“You all probably know by now that the Supreme Court tanked the speech he was going to give,” said retired Livingston County Circuit Court before Judge Daniel Burress, who introduced Brewer. “The court is not going to let Joe six-pack like us vote on it.”

A major topic of discussion was the state Supreme Court race between Cliff Taylor and Wayne County Circuit Court Judge Diane Marie Hathaway. Taylor leads the Republican majority of activist judges known as the “Gang of Four” that has been rated the worst court in the country.

Burress has his own view of the court, and it’s not good. He said he got a sense of the court’s disdain for the common person over a simple slip and fall case when a blind man slipped on ice and injured himself using the restroom. He said it was tossed out of court because the hazard was “preventable and obvious.”

“That’s the type pf ruling the court has used to throw cases out of court,” he said.

The comprehensive RMGN will amend the Michigan Constitution, and it will fundamentally change Michigan government. To name just a few of the many complex changes it will address, it cuts the Supreme Court Justices to five members, from seven, reduces the Court of Appeals by seven members and adds 10 circuit court judges. The House would be cut to 82 members from the current 110 and the Senate to 28 from 38 and half of the Senate seats would be decided at each election. It also cuts pay and benefits of legislators.

“We have some fine state legislators, but they are not sharing the sacrifices everyone else is making,” Brewer said. “It’s about sharing sacrifice.”

A ballot question to have a constitutional convention will automatically be on the ballot in 2010, and Brewer was asked why not wait until then. Brewer said it would take at least five years before any changes were seen, it would be too expensive and too partisan.

“We can’t wait, it’s too expensive, and too partisan,” he said.

Brewer had plenty to day about the McCain/Palin ticket.

“I really have to laugh when John McCain and Sarah Palin claim to be reformers,” he said. “He says he will fight the lobbyists, but he has Washington lobbyists running his campaign. “

He said the two have received massive amounts of money from big oil, and McCain’s claim to be a “maverick” is ridiculous.

“When he first came to Washington he was part of the Keating 5, a major scandal,” he said. “That wasn’t a very good start.”

He said Palin was vetted so badly by the McCain camp that news is breaking daily on her dismal record and questionable ethics. The most recent is she accepted per diem for travel when she worked at home.

“It’s our job to be the truth squad for the next two months,” he said.

Hathaway set to unseat the leader of the Republican majority of activist judges known as the ‘Gang of Four’

LANSING -- Democrats at the Michigan Democratic State Convention Saturday demonstrated democracy in action when they chose Wayne County Circuit Court Judge Diane Marie Hathaway as their Supreme Court nominee in a close floor vote.

Hathaway just edged out fellow Wayne County Circuit Court Judge Debra Thomas by some 200 votes, and she earned the right to run against incumbent Cliff Taylor. He leads the Republican majority of activist judges known as the “Gang of Four.” Groups like the Michigan Justice Caucus have made it a major goal to unseat Taylor

“It’s time to make a change on the Supreme Court,” said Sen. Buzz Thomas, the co-chair of the convention. “The future of our children and a free society depends on it.”

Despite the close defeat and the effort Thomas put into the race already, she was quick to endorse Hathaway.

“We both believe in fairness and justice,” she told the convention delegates. “Cliff Taylor has to go.”

Under Taylor’s leadership, the court has gutted consumer protection laws, watered down environmental protection laws and weakened individual rights. The doors of justice have been slammed shut in the face of ordinary citizens and swung wide open for insurance companies and corporations. No individual has won a case against an insurance company in more than a decade.

In May the University of Chicago Law School released a study that rated the Michigan Supreme Court dead last in effectiveness under Taylor’s leadership. The study cited a lack of judicial independence as the report’s most glaring finding, and it said the Court seems to be especially supportive of businesses.

Michigan Lawyers Weekly began an online poll shortly after Hathaway announced her intention to run, and lawyers of all stripes chose Hathaway overwhelmingly 91 to 9 percent.

“He is against everything Michigan stands for, except insurance companies,” Hathaway said. “If you see justice in the name, he really belongs in the hall of shame.”

It’s difficult to unseat an incumbent justice, and it has been estimated the Justice title can be worth up to a 30 percent edge in the vote. Taylor has been on the state Supreme Court since 1997, but he was appointed by Gov. John Engler to fill a vacant seat. He used that title to be elected in 1998.

Hathaway pointed out one of Taylor’s many conflicts of interest. His wife, Lucille Taylor, was Engler's legal counsel. She still does work for Republican Attorney General Mike Cox.

“Cliff Taylor is a walking conflict of interest, and he has got to go,” Hathaway said.

Hathaway grew up in Detroit as the daughter of a 30-year Detroit police officer. She was a Macomb County Assistant Prosecutor for six years, and she has been a circuit court judge since 1993.

Supreme Court races are on the nonpartisan part of the ballot, and many people do not continue on to that part of the ballot., In fact, it’s estimated there is a 37 percent drop off on that part of the ballot.

“You have not voted all the way, until you have voted Hathaway,” she said.

Join energized Democrats at the state convention Saturday

For those of us in Michigan who did not have the privilege of attending the historic Democratic National Convention in Denver last week, we can soak up some of that energizing and inspiring ambience by attending the Michigan Democratic Party Convention Saturday at the Lansing Center.

Registration begins at 7:30 a.m. Saturday Sept. 6. Shortly after that, the caucuses begin that includes caucuses from the Arab and Chaldean Caucus to the Veteran’s Caucus. I guarantee you will not find a more diverse group, as well as fun and energized, anywhere in Michigan.

All Democrats can attend, but only precinct delegates and MDP Party members who have been a MDP member for at least 30 days can vote for the party's state Supreme Court nominee and state education board member candidates later in the day.

You can join the party there for a mere $20, and there will be plenty of happy smiling faces there to welcome you.

The nominee for Michigan Supreme Court is critical important as we try to unseat insurance shill Cliff Taylor. Taylor leads the group of Republican activist judges known as the “Gang of Four." Since then, no insurance company has lost a case, and they have not lost a case in more than a decade. The gang of four has increased government immunity, stripped consumer rights and denied justice to the regular guy. If you re not an insurance company or a corporation, you will get no justice from Cliff. The leading candidate to unset Cliff are Judge Diane Marie Hathaway and Judge Deborah Thomas.

Candidates for other boards are, for State Board of Education, Board President Kathleen Straus, D-Bloomfield Township, the longest serving board member, and Vice President John Austin, D-Ann Arbor, will also run for another term.

The leading candidates for the University of Michigan board appear to be incumbent Larry Deitch and Denise Illich. Running for the MSU trustee spots are former state Representative and Senator Dianne Byrum, Mike Murphy and Brian Massalla. The candidates for the Wayne State Board of Governors are incumbent Paul Massaron, Jackie Washington and Gary Pollard.

You will also get to hear from some great speakers, and almost every Democratic state office holder and candidate for state office will be on hand. I will be there at the registration desk. Stop by and say hello: I will be the handsome guy - self-described - wearing a patriotic football tie.

The Lansing Center is located at 333 E. Michigan Avenue in downtown right on the beautiful Grand River.

See you there.

Gang of Four slams the door of justice in the face of citizens

BRIGHTON – If you’re an individual suing an insurance company or a corporation in Michigan you will lose. It’s as simple as that.

Since the Republican majority, known as the “Gang of Four,” took over the majority of the Michigan Supreme Court, an insurance company has not lost a case in a decade. The four activist judges – Cliff Taylor, Robert Young, Stephen Markman and Maura Corrigan - have gutted consumer protection laws, watered down environmental protection laws and weakened individual rights. The doors of justice have been slammed shut in the face of ordinary citizens and swung wide open for insurance companies and corporations.

“They have radically changed Michigan law,” said Ypsilanti attorney Doug Shapiro, at a recent forum on the Supreme Court sponsored by the Livingston County Democratic Party. “In 10 years, no one has won a case against an insurance company; if you are the plaintiff, you lose.”

The court’s decision has empowered insurance companies and made them less responsive to consumers.

“Insurance companies once had to act in the best fiduciary duty to the insurance, not just make money,” Shapiro said. “Not any more.”

As for a perfect example of that, Shapiro said in the past, people had a year to sue their insurance company after a claim was denied; ironically, to keep litigation down. Now, the clock starts ticking as soon as the incident occurs. The insurance company can put off the insured for a year, lose paperwork and simply delay a decision until the clock runs out. It also applies to someone who is mentally incapacitated because of the incident, overturning a 50 year precedent.

The gang of four has also expanded government immunity so much that government can only be sued if a pot hole is so large you have to climb out of it. Governments do not have to plow snow, maintain proper lighting and other basic safety issues. For example, the gang of four recently ruled the City of Lansing cannot be held liable in the 2005 death of 7-year-old Chantell Buckner, who was struck and killed by a drunk driver while walking along a curb because a city plow had covered the sidewalk with snow.

“There is no incentive for the government to address those safety things,” Shapiro said.

Shapiro also said the gang of four’s arrogant actions have destroyed product liability in the state.

“If you read the opinions, they mock the sense of justice,” Shapiro said. “Like the Bush Administration, justice is like the Geneva Convention, quaint.
“They have said it’s not the court’s duty to provide justice,” he said.

The gang of four were never elected, and were initially appointed. But, they are acting as a partisan, unelected four person legislature. Only Taylor is up for election, and there is a grassroots effort to defeat him and bring some fairness back to the court.

They know they have an uphill battle because incumbency for the Supreme Court is worth up to 30 percent of the vote. Plus, there is considerable ballot drop off, and most people don’t get that far down on the ballot.

The Justice Caucus has formed the “Supreme Challenge” to target Taylor. The Michigan Democratic Party has not named a nominee, but Orion attorney Marietta S. Robinson and 3rd Circuit Court Judge Deborah A. Thomas have been mentioned as candidates. Michigan Lawyers Weekly conducted an online poll, and both Robinson and Thomas trounced Taylor with more than 75 percent of the vote.