Michigan Supreme Court May Adjourn Oral Arguments as it "Resets" After Election

Soon-to-be-Former Justice Alton Davis

The Michigan Supreme Court has nearly 20 oral arguments scheduled for December on a wide-variety of important cases.  Whether those arguments will be heard as scheduled is now in question due to circumstances arising from the mid-term election results.

Some background is needed here. 

When I clerked for the Michigan Court of Appeals back in the late 1980s, recently-elected Court of Appeals Judge Betty Weaver was one of the few judges that took the time to stop by and discuss issues with us lowly clerks.  She made no secret of the fact that she was Supreme Court-bound; she was elected to the court in 1995.

After 15-years on the high court, Justice Weaver, a "moderate" Republican, abruptly resigned in August, providing Governor Granholm the opportunity to appoint Weaver's successor, Alton Davis, who could run, and who did run, as an incumbent sitting justice.

Apparently, Weaver resigned in disgust over long-running and well-publicized rifts with her colleagues; particularly Justice Robert Young, Jr.  The Davis appointment allowed the court to shift, at least temporarily, to a Democratic majority.

The recent election provided two spots on the bench for four candidates; two of the candidates, Davis and Justice Young, were incumbents.  Justice Young, considered a conservative justice, linked his campaign in ads and signs with trial judge Mary Beth Kelly.

The tactic worked.  Justice Young retained his seat and will have the opportunity to introduce his "running mate" to the bench in January thereby preserving the narrow 4-3 majority that the judicial conservatives have maintained at the high court for years.

A problem, however, has surfaced since the election.  Should oral argument proceed on the cases scheduled for December when Justice Davis will not be around to participate in the judicial conferences leading to the formation of the common law of our state?

This problem also arose when conservative former justice Cliff Taylor was defeated by Justice Diane Hathaway.  In that instance, the oral arguments were adjourned until the new justice could assume her seat on the bench.

Adjourning the arguments is the best practice.  We should not have a lame-duck justice participating in oral arguments on some very important cases when that justice will not be around during judicial debate and opinion-drafting time.  These are not just any ole cases.  This is our common law.

info@clarkstonlegal.com

http://www.clarkstonlegal.com/

Progressive Marijuana Initiatives Lose Ground

California's Proposition 19 lost by a vote of 56% to 44%.  If successful, the proposed law would have been the first in the country to legalize the recreational use of marijuana.

In Arizona, the medical marijuana proposition was too close to call as of Thursday, with the nays leading by less than one half of one percentage point.  That contest will most likely be called sometime today; looks like Arizonans will reject medicinal marijuana after all.

In California, the pot initiative lost because too few voters under age 26 turned out and moderate voters rejected the initiative.  Recent violence with Mexican drug gangs in both California and Arizona did not help either initiative.

Mixed messages float around the issue here in Michigan.  Recently, a huge pot-expo scheduled for the Pontiac Silverdome, billed as the largest pot-party in the world, was canceled at the last minute.

All this raises the questions: do we really need to legalize pot?  Is ours a pot-smoking nation?  Does marijuana have genuine palliative properties?

One of the major problems of perception with medical marijuana laws is that folks are simply going through the administrative steps to get "medically" certified to use pot, but are smoking on a recreational basis.

No good comes of a law that sets requirements that are perceived as a farce.  It would perhaps be better to legalize marijuana outright, then regulate its production, sale, and distribution.

California was really looking forward to billions in pot-derived state revenue.  Here in Michigan, there is confusion about who can legally grow pot and how it should be grown and distributed to "patients".  In Arizona, the question is too close to call 3-days after the mid-term elections.

Yeah, right.  Good luck with all that...

UPDATE:  A month after the election, it seems the "mainstream" media outlets are adopting the position asserted in the above blog post; medical marijuana certificates are being acquired to insulate recreational users from criminal charges rather than for legitimate palliative purposes.  Here's an article on this point from Nolan Finley in the Detroit News.


UPDATE on the UPDATE: Here's a great article from the Traverse City Record Eagle on this subject which details the case that most likely will go to the Michigan Supreme Court to test the viability and scope of the Michigan Medical Marijuana Act.

MORE UPDATES:  Now, the feds, via the DEA, have subpoenaed the Michigan Department of Community Health (the state agency in charge of administering the MMA) for all records relating to seven individuals under investigation by the DEA.  Read more here.

EVEN MORE UPDATES:  Now, Holland is getting in on the act, asserting it's attempt to "regulate" the MMA.  Here's the link.

info@clarkstonlegal.com

http://www.clarkstonlegal.com/

Cheating Spouse App Gets Pulled by Droid

A controversial new application for Motorola's popular Droid phone has apparently been pulled before it had a chance to hit the cell phone application market-place.

The idea behind the "Secret SMS Replicator" application is to forward text messages from the target phone to a designated phone.  What's more, the application on the target phone is invisible and cannot be detected.

Similar applications have failed Apple's application store approval process.  In the case of the SMS Replicator, Google said the covert application violates the "Android Market Content Policy."

Just because this application did not make it to market does not mean it won't be applied.  The technology is available to those who do not mind installing rogue applications.

In Michigan, it is illegal to download the emails of another person without permission by using spyware and keystroke programs.  These products, however, remain on the market.

Perhaps the best policy if you are in a marriage or a committed relationship is to stay faithful.  On the other hand, if you believe your spouse or significant other has strayed, or is thinking of doing so, it may be time to move on through separation or divorce.

Often, a cuckholded spouse feels the need to acquire rock-solid proof of infidelity. Sometimes, this is sound pre-divorce strategy. Getting the goods on your significant other, however, should never come via breaking the law.

Good luck out there!

www.info@clarkstonlegal.com

www.clarkstonlegal.com