Bench Memos

Michigan Supreme Court Justice Hathaway Charged

Michigan Supreme Court justice Diane Hathaway officially resigned from the Michigan Supreme Court today, just three days after federal prosecutors filed charges against her for fraudulent real estate transactions. Justice Hathaway is expected to plead guilty to the federal charges, and her replacement will tilt the balance of the court in favor of Republican appointees, 5–2. Governor Snyder has resisted calls to choose from from a slate of replacement candidates recommended by a “merit” commission in favor of taking recommendations from his staff and current Michigan Supreme Court justices. I’m wary of what seems to be a signal that Governor Snyder is open to adopting some form of Missouri Plan in Michigan, but, in the short term, I’m still optimistic that he will appoint a quality replacement to Justice Hathaway.

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