Stories indexed with the term ‘22nd circuit court’

In Ann Arbor, local elections are mostly determined in the Democratic primary, held this year on Tuesday, Aug. 5. The mayoral race is well contested with four Democratic candidates. Races in three of the city’s five wards offer actively contested races.

No Republicans are running for mayor or in any of the city council races. Only one independent candidate – Bryan Kelly, who’s running for mayor – will appear on the Nov. 4 ballot.

Races for probate judge and circuit court judge offer fields of five and three candidates, respectively.

This article provides a roundup of Chronicle election coverage, for anyone who’s still studying up on the candidates. It includes links to reports and recordings of candidate forums, campaign finance data, analysis and other information. Links are also provided to candidate websites and League of Women Voters candidate profiles.

If you’re not sure whether you’re registered to vote or you’re not sure which ward you live in, Michigan’s Secretary of State website offers an easy way to check. The site also lets you look at a sample ballot. To give you a general idea of what ward you live in, check out this ward boundary map.

Polls open on Tuesday morning at 7 a.m. and close at 8 p.m. Readers can follow along during the day as The Chronicle goes poll-hopping, checking in at locations throughout the city. We’ll also be posting updates with results starting soon after the polls close. The Washtenaw County elections division website also provides unofficial results on election night.

Below you’ll find more information on the Ann Arbor mayoral and city council candidates, as well as judicial candidates for the probate and 22nd circuit courts. [Full Story]

The Washtenaw County Democratic Party is hosting a forum for candidates in county judicial races this morning (July 19, 2014) at 10 a.m. at the Pittsfield Township Hall on Michigan Avenue near Platt Road.

The Chronicle plans to provide a live audio broadcast from the event. The embedded live-stream player below will be replaced with an audio recording after the event is over.

Two contested races will appear on the ballot for the Aug. 5, 2014 primary – one for the circuit court and the other for the probate court.

The circuit court tries felonies and criminal matters, family law, and civil disputes where claims are greater than $25,000. However, the docket for this particular seat on the circuit court is heavily weighted … [Full Story]

On July 7, 2014, three candidates vying to fill a vacancy on Washtenaw’s 22nd circuit court participated in a League of Women Voters forum.

Pat Conlin, Veronique Liem and Michael Woodyard will compete in the nonpartisan Aug. 5 primary, which will advance the top two candidates to the Nov. 4 general election. The winner of that contest will fill the open seat left by judge Donald Shelton, who turned 70 in June. According to Michigan state law, only a person under the age of 70 can be appointed or run for the position of judge.

The circuit court tries felonies and criminal matters, family law, and civil disputes where claims are greater than $25,000. However, the docket for this particular seat on the circuit court is heavily weighted toward family cases.

Conlin and Liem are local attorneys, while Woodyard works in the Wayne County prosecutor’s office. At the July 7 forum, the candidates fielded questions covered topics including: family, the visibility of the court and general judicial philosophy.

A second seat on the court is also up for election, as judge David Swartz is at the end of a six-year term. He is running uncontested to retain his 22nd circuit court incumbent seat.

On its Vote411.org website, the LWV has posted candidates’ written responses to questions: [22nd circuit court candidate responses]

At the July 7 LWV forum, the candidates made opening statements, answered six questions and then made closing statements. The forum was moderated by Miriam Eve Borenstein, with questions predetermined by the league after asking for public submissions.

Candidates’ remarks are summarized below. To view the recorded video from the 22nd circuit court LWV forum, use Community Television Network’s video on demand.  [Full Story]

In the Yu v. City of Ann Arbor footing drain disconnection lawsuit, judge Donald Shelton has denied a motion for a preliminary injunction against the city.

Had it been granted, the motion would have prevented the city of Ann Arbor from enforcing its footing drain disconnection (FDD) ordinance. Shelton’s ruling came from the bench after a roughly 25-minute hearing held on July 2, 2014 at Washtenaw County’s 22nd circuit court at Huron and Main in downtown Ann Arbor.

Shelton appeared to reach his conclusion on the injunction fairly easily. But more than once during the hearing, he indicated that he had questions about the city’s legal position, reserving the possibility that the plaintiffs in the case could ultimately prevail after a full trial, which he expected would take place.

That has implications for the city’s motion for a summary disposition – a request for a decision from Shelton without a full trial. That motion was filed on June 9 and is on Shelton’s calendar for July 30. But at the conclusion of the July 2 hearing, after he’d ruled, Shelton told assistant city attorney Abigail Elias he’d begun a review of that motion for summary disposition and said, “I’ll just tell you that I think it is premature.” But he told Elias she could proceed as she liked.

Under the ordinance, property owners can be required to disconnect their footing drains from the city’s sanitary sewer system. The city has a program under which pre-approved contractors do the disconnection work and install the equipment, with the initial costs borne by the city.

Plaintiffs in the lawsuit contend that the city’s FDD ordinance amounts to inverse condemnation, a taking of property through physical occupation. They rely on the Loretto v. Teleprompter Supreme Court decision, which found that the required installation of a bracket for a cable television can be analyzed as an unconstitutional taking through physical occupation.

The criteria to be weighed in granting a preliminary injunction can include the merit of the actual case – the likelihood that the plaintiff will prevail. And Shelton did touch on one aspect of the merits of the case, as he expressed skepticism about the public health, safety and welfare argument for the FDD ordinance. That skepticism was based on the fact that the city gives homeowners the option of making a $100 per month payment in lieu of a required footing drain disconnection. If it’s important to public health, safety and welfare, Shelton could not imagine that the city would say: Well, just give us some money and that will satisfy it.

But Shelton reserved most of his skepticism on July 2 for the idea that the plaintiffs would suffer irreparable harm in the absence of a preliminary injunction now. That’s because the plaintiffs in the case had their drains disconnected in 2002. If the plaintiffs had brought an action back in 2002, based on a desire not to comply, then that would have been a different situation, Shelton said. At that time, a motion for a preliminary injunction would have been to preserve the status quo – of not being yet disconnected from the sanitary sewer. “But now, more than a decade later, you come in and say: Undo the status quo while we have a trial!” He allowed the plaintiffs might well win at trial, adding that he didn’t know.

In ruling from the bench, Shelton reviewed the fact that the only question before him that day was the question of issuing a preliminary injunction. Circumstances under which the court can grant a preliminary injunction are limited, he said. “I’m going to deny the motion for a preliminary injunction.” He said he believed that the status quo would be disrupted by such an order, and he did not believe any significant irreparable harm would result from waiting until a full trial is held on the merits of the case. [Full Story]

A lawsuit has now been filed in Washtenaw County’s 22nd Circuit Court challenging the legal foundation of the city of Ann Arbor’s footing drain disconnection (FDD) ordinance.

The ordinance was enacted in 2001. It establishes a program under which property owners can be required to disconnect their footing drains from the sanitary sewer system. Its intent is to diminish the risk of sanitary overflows into the Huron River and of sanitary sewage backups in homeowners’ basements.

In connection with that lawsuit, a motion for a preliminary injunction has also been filed, asking that the court order the city immediately to stop enforcement of its ordinance.

[FDDP-Complaint-Feb.27.2014-OCR] [FDDP-Motion-Feb.27.2014-OCR]

In September 2012, the Ann Arbor city council already took action partially to suspend the FDD program. That council decision of nearly 18 months ago came not in response to a formal legal action, but rather coincided with complaints from residents in the southeastern part of the city.

Then about a year ago, in February 2013, the city authorized a contract with an engineering firm to undertake a sanitary sewer wet weather evaluation (SSWWE) – in part to determine the impact of the FDD program to date. At a public meeting on the SSWWE held two weeks ago, on Feb. 6, 2014, the future status of the FDD program was portrayed as dubious: Even if the SSWWE study eventually identified an ongoing risk of sewage backups in Ann Arbor basements, the FDD would probably not continue “as is.”

The lawsuit claims the city’s FDD ordinance violates: (1) the Michigan state law setting forth the requirements for a government to take private property for public use; (2) the Michigan state constitutional prohibition against taking private property for public use without just compensation; (3) the corresponding U.S. constitutional prohibition against taking private property, which is a Fifth Amendment claim; and (4) the prohibition against violating the federally protected rights of others, which is a claim under 42 U.S.C. Section 1983.

The lawsuit asks that the court declare the FDD ordinance is “unconstitutional, on its face and as implemented.”

Plaintiffs in the case are Ann Arbor residents John Boyer, Mary Jean Raab and Anita Yu. They are represented by attorneys Dan O’Brien, who’s chair of the litigation department at Woods Oviatt Gilman in Rochester, New York; Irvin Mermelstein, a local Ann Arbor attorney in private practice; and Mark Koroi, a Plymouth attorney.

Background leading up to the filing, as well as a description of the filing, has been tracked on a2underwater.com. Mermelstein is the resident agent for a2underwater, LLC.

The lawsuit was filed on Feb. 27, 2014. It has been assigned to judge Donald Shelton.

Some of the legal theories on which the lawsuit is based have already surfaced in correspondence that’s become public. And some aspects of the city’s potential defense against a lawsuit may have already been described publicly by assistant city attorney Abigail Elias. That description came at a recent meeting of a citizens advisory committee that is supposed to make a recommendation sometime in the summer of 2014 on the future of the FDD program. For additional background on the topic of the footing drain disconnection program, see Chronicle coverage: “Backups: Lawyers, Sewers, Pumps.” [Full Story]

At their Dec. 4, 2013 meeting, Washtenaw County commissioners authorized acceptance of a $150,000 grant to establish the Washtenaw County Trial Court’s Peacemaking Court. The grant, awarded by the State Court Administrator’s Office, is for funding from Oct. 1, 2013 through Sept. 30, 2014.

The state grants are intended to support creative approaches in the court system. The Peacemaking Court is described in a staff memo:
Like tribal peacemaking programs and restorative justice programs, the Peacemaking Court will provide a great benefit to youth and the community in juvenile cases by reducing recidivism and giving youth a diversionary option to avoid a record that can preclude future educational and employment opportunities. Domestic relations and other family cases will benefit from more durable … [Full Story]

Retired judge Charles Nelson will be serving as a full-time visiting judge to absorb the docket of judge Nancy Wheeler on the 22nd circuit court of Washtenaw County, while she is away from the bench for medical reasons. Nelson’s service will start on Oct. 7, 2013 and last one to three months, according to an email sent to court personnel and others by court administrator Dan Dwyer.

Dwyer’s email states that “There are no planned changes to Judge Wheeler’s overall docket schedule while she is away and we anticipate minimal disruptions to these cases.”

A similar arrangement – with Nelson filling in for Wheeler – was announced about 20 months ago on Jan. 20, 2012.

In a move that appeared to surprise many commissioners and staff, Washtenaw County commissioner Alicia Ping (R-District 3) formally proposed giving notice to eliminate a lump-sum budgeting approach for the Washtenaw County Trial Court. She made the proposal at the board’s June 5, 2013 meeting.

After a lengthy and often heated debate, the board gave initial approval to give notice, but postponed final action until July 10. The approval was on a 5-4 vote.

Unlike other units of county government, which prepare line-item budgets authorized … [Full Story]

Donald Shelton, chief judge of Washtenaw County’s 22nd Circuit Court, has declined to sanction Wayne County prosecutor Kym Worthy in connection with a motion she filed last year in the Neal v. Michigan Dept. of Corrections case.

However, in the course of oral arguments heard this week, Shelton appeared to indicate basic agreement with the points of the presentation given by Dick Soble, one of the plaintiff’s attorneys in the case, who had asked for sanctions against Worthy. The Wayne County prosecutor is involved in the case as an intervenor, and was represented during oral arguments by Donn Fresard, the Wayne County prosecutor’s office chief of staff. Sanctions had also been sought against Fresard.

Soble and other opposing counsel had asked for sanctions against the Wayne County prosecutors because of their motion for recusal of judge Timothy Connors from the case – a motion filed on Nov. 1, 2012, five days before the Nov. 6 election. Soble contended that the motion had no legal merit, and instead had political motives. The incumbent Connors was opposed in the race by Michael Woodyard, who works as an assistant prosecuting attorney in Worthy’s office. Connors prevailed in that election.

The oral arguments and Shelton’s ruling from the bench came on Jan. 16, 2013 at the Washtenaw County courthouse at Huron and Main in downtown Ann Arbor.

Despite his decision not to sanction the Wayne County prosecutors, Shelton had some sharp words for their actions. He indicated that if similar filings were to come before him again in connection with the case, he would not hesitate to impose sanctions. [Full Story]

With the 2012 general elections well behind us, it’s time for politicians to put on their very serious faces and make very serious pronouncements like, “The voters have spoken.”

I prefer to make a funny face and ask: How is a judicial candidate like the city park system? Or for a question that sounds less like the set-up to a punch line: What’s the deal with downtown Ann Arbor and its connection to the art millage and the library bond proposal?

Of course, politicians are at least partly right when they say that the voters have spoken. But what did the voters actually say? It’s easy to make true statements about voter sentiment – if you stick to the text of the ballot.

For example, in the non-incumbent race for judge of the 22nd Circuit Court, more voters preferred to have Carol Kuhnke decide future Washtenaw County court cases than to have Jim Fink decide them. You can tell that just from the ballot and from the results. But it’s possible to make a stronger claim: More voters preferred the kind of person Kuhnke is – a candidate endorsed by the city of Ann Arbor Democratic Party. And to support that claim, we’d need to look at other results, like those from the presidential election.

Or by way of another example, the election results indicate that a majority of Ann Arbor voters said they do not want the city to levy an 0.1 mill tax to pay for art in public places. That’s all you can tell from the ballot question and the results. To make stronger claims – related, for example, to what (if anything) voters were trying to say about the existing Percent for Art program – you’d need to find some other way to explore the content of voters’ minds.

The same goes for the Ann Arbor District Library bond proposal and the parks maintenance and capital improvements millage renewal. “Do not tax us to make the bond payments for a new downtown library building, but please continue to tax us to pay for city park needs.” That’s all voters said. They didn’t say anything about their favorite books, or which city park is the best. (By the way, it’s West Park, located in Ward 5, which is indisputably the highest-numbered ward in the city.)

Yet we’d like to divine something more from the results than just the results.

This column, which is heavy on impressionistic conclusions based on maps, and light on rigorous statistical analysis, begins with mapped illustrations of some basics. For example, mostly Democrats live in the eastern portion of Washtenaw County. And in Ann Arbor, Wards 2 and 4 are the strongest city wards for Republicans – even though those wards also lean Democratic. That’s still true 20 years after Ann Arbor’s ward boundaries were drawn to achieve that effect.

The column concludes by illustrating a possible geographic connection between the failed public art millage and the failed downtown library bond proposal – namely, downtown Ann Arbor.  [Full Story]

Attorneys Carol Kuhnke and Jim Fink, the top two vote-getters in the Aug. 7, 2012 primary, are now vying for a vacancy on the 22nd Circuit Court bench to be left by retiring judge Melinda Morris. The nonpartisan judicial elections on Nov. 6 are for six-year terms.

At a candidate forum held in Ann Arbor’s Bach Elementary School cafeteria earlier this month, sponsored by the Washtenaw County Bar Association and the Old West Side Association, Kuhnke and Fink fielded questions on fairly standard topics: judicial temperament, experience, role models and the like.

In addition, Kuhnke and Fink have both provided written responses to questions on the League of Women Voters vote411.org website. And they previously participated in a June 23 forum for the primary race covered by The Chronicle, which included a total of four candidates.

Campaign finance statements filed with the state show that the cumulative total amounts raised by Kuhnke and Fink for their campaigns are $82,018 and $93,465 respectively.

Of her $82,018 total, Kuhnke has raised $46,738 since the primary election, and had spent just $13,892 between the primary and the close of books on Oct. 21. That left her with $34,405 to spend in the final two weeks of the general election campaign. Of his $93,465, Fink has raised $37,635 since the primary, and has spent $20,967 during the same period. He has $21,417 left to spend in the final two weeks.

Kuhnke has been practicing law for 18 years, longer than Fink’s 14 years, and is campaigning with the slogan, “The most experienced.” Fink is inclined to add to the mix his previous 20 years of experience working in law enforcement, starting in 1977 as a Washtenaw County sheriff’s deputy and moving up the ranks to commander.

Fink argued implicitly that the quality of the endorsements he’s received – from local judges – is better than some Kuhnke has received, from judges in other counties in southeastern Michigan where she’s argued cases. One local judge, Tim Connors – who is seeking re-election to the 22nd Circuit Court in a separate race against Mike Woodyard – is listed on websites for both Fink and Kuhnke among their endorsements. Connors and Woodyard participated in the Oct. 16 forum with Fink and Kuhnke – their responses are included in a separate Chronicle report.

Fink challenged any perception that he felt entitled to the judgeship based on the service of his father and older brother as judges, by stating it’s not the case that he felt entitled. He described how he’d always planned to practice law, even though he took a “side trip” to work in law enforcement.

Kuhnke described her vocation to the law as stemming in part from her undergrad studies in philosophy, and the impact that the meaning of words can have on people’s lives. She was matter of fact in drawing out one contrast between herself and Fink: “I’m a woman.” She thinks that having a woman’s voice on the court is important, but stated that she did not think she deserved a vote just because she is a woman.

An issue related to women’s health was highlighted in a question fielded from the audience. Fink is endorsed by Right to Life of Michigan – so the question related to whether Fink had pledged to rule against young women who were requesting a “judicial bypass” for permission to have an abortion. Fink was emphatic in stating that in order to receive that organization’s endorsement, he’d made no such pledge and that he hadn’t been asked such a question.

Even though the judicial bypass question came last at the forum, this detailed report of candidate responses begins there. [Full Story]

Earlier this month in the cafeteria of Bach Elementary School, four candidates for two spots on the 22nd Circuit Court fielded questions as part of a forum sponsored by the Washtenaw County Bar Association and the Old West Side Association. The nonpartisan judicial elections are for six-year terms.

This write-up includes some of the responses of candidates in just one of those races, described on the ballot at the “incumbent position.” The ballot itself also labels the incumbent, Tim Connors, as “Judge of Circuit Court.” Voters on Nov. 6 will have a choice between Connors and Ann Arbor resident Mike Woodyard, who has worked for the last 10 years as an attorney in the Wayne County prosecutor’s office. Before attending law school, Woodyard worked for a time as a newspaper reporter.

Connors was initially appointed to the 22nd Circuit Court in 1997 by then-Gov. John Engler, a Republican, to replace judge Karl Fink – the older brother of Jim Fink, who is running in the other race along with Carol Kuhnke for the non-incumbent 22nd Circuit Court judgeship. Before making the circuit court appointment, Engler had previously appointed Connors in 1991 to a seat on the 15th District Court in Ann Arbor.

Vacancies created by resignations, like that of Karl Fink, are filled through gubernatorial appointments – but judges must stand for election at the first opportunity to serve out the remainder of the partial term. After being appointed in 1997, Connors stood for election in 1998, and then again in 2000 and 2006 for successive six-year terms. On each of those three occasions, Connors was unopposed, which is fairly typical for incumbent judges.

At the forum, that’s one reason Woodyard indicated he’s running for judge – not to run against Connors, but rather to provide voters with the kind of contested judicial elections described by Michigan law. It emerged during the forum that in law school Woodyard had taken a trial advocacy course taught by Connors, and had received an A in the class. Woodyard mentioned the class as helpful in one of his first trials, which resulted in getting a “live nude girls” establishment shut down.

The WCBA had prepared questions for the candidates covering standard topics like judicial temperament, experience and what led the candidates to consider a career in law. During the second part of the forum, questions from the audience were entertained as well. The requirement that all questions be suitable for all four candidates led to some grumbling – based in part on the fact that not all four candidates were running against each other.

Local attorney Peter Davis, who indicated he had a question just for Woodyard, responded to moderator Steve Borgsdorf’s enforcement of the rule by saying ”So you want softball questions?” Borgsdorf responded with, “No, they can be fastballs, but everyone’s got to get a chance to bat.” The analogy was apt, as at the time of the Oct. 16 forum, the Detroit Tigers baseball team was handing the New York Yankees a 2-1 defeat in the American League Championship Series.

Woodyard and Connors had previously participated in a candidate forum in June, prior to the Aug. 7 primary and hosted by the Washtenaw County Democratic Party. They also responded to five questions for inclusion on the 411vote.org website. Responses from candidates in the other race – Carol Kuhnke and Jim Fink – will be reported in a separate Chronicle write-up.

The campaign finance filing deadline was Oct. 26. According to documents filed with the state, Connors has raised $95,090 in contributions and spent $84,765. Woodyard’s campaign finance report shows contributions of $7,266 and expenditures of $6,830.

These candidates will be on the ballot for the Nov. 6 general election. To see a sample ballot for your precinct, visit the Secretary of State’s website. Additional information about local candidates and other voter information is available on the Washtenaw county clerk’s elections division website. [Full Story]

Early unofficial returns from the 2012 Washtenaw County 22nd circuit court race – contested by Jim Fink, Carol Kuhnke, Doug McClure and Erane Washington – show Fink with a total of 3,556 (39%) votes, compared to 3,020 (33%) for Kuhnke and 997 (11%) for McClure, and 1,437 (16%) for Washington – which reflects a total of 45 out of 139 precincts informally reported.

The geographic distribution of support for the four candidates is likely to vary widely across Washtenaw County, so initial  results may not give a clear read on the final outcome. The top two vote getters will appear on the Nov. 6 ballot.

This brief will be updated as additional precinct totals are known. Check the Washtenaw County clerk’s election results … [Full Story]

Tuesday, Aug. 7 is primary election day. To verify your registration, find your polling place, and even view a sample ballot for your precinct, visit the Secretary of State’s website.

Choices for most Washtenaw County offices will be easy for Democrats and Republicans alike – because many of the primaries are uncontested. Uncontested on either side of the ballot are races for prosecuting attorney (with no Republican on the ballot at all), county clerk and register of deeds, sheriff, and treasurer. Democrats, though, will have a choice will be between Harry Bentz and Evan Pratt to appear on November’s ballot as candidate for water resources commissioner. ["Who’ll Be Next Water Resources Commissioner?"]

Heavily contested is the countywide primary race for the 22nd Circuit Court judgeship, which will be open due to the retirement of Melinda Morris. Four candidates are competing for that position: Erane Washington, Doug McClure, Carol Kuhnke and Jim Fink. The top two vote-getters in the primary will appear on November’s ballot. ["22nd Circuit Court: Four-Way Primary Race"] The judicial race is non-partisan, so all voters can vote on that race – no matter which side of the ballot they choose for the rest of their votes.

Most of the primary races for the county board of commissioners are uncontested as well. But Democratic voters in District 7 will have a choice between Andy LaBarre and Christina Montague. ["District 7 Dems Vie for Washtenaw Board"]

And in Ann Arbor city council races, Democrats will have choices in four out of five wards. In Ward 1 Sumi Kailasapathy and Eric Sturgis are competing for the seat that incumbent Democrat Sandi Smith will be leaving. ["Ann Arbor Council Ward 1: Eric or Sumi?" and "Ward 1 City Council Race: Filling Sandi's Seat"]

In Ward 2, Democrats will have a choice between Sally Petersen and incumbent Tony Derezinski. ["Ann Arbor Council Ward 2: Sally or Tony?"]

In Ward 4, the Democratic side of the ballot will offer incumbent Margie Teall and challenger Jack Eaton. ["Ann Arbor Council Ward 4: Jack or Margie?"]

And in Ward 5, the seat that will be left open by Democrat Carsten Hohnke is contested by Chuck Warpehoski and Vivienne Armentrout. ["Ward 5 City Council: Studying, Listening" and "Ann Arbor Council Ward 5: Chuck or Vivienne?"]

Long since passed is the deadline to register to vote in tomorrow’s election. But eligible voters have until Oct. 9 to register to vote for the Tuesday, Nov. 6 general election. Information on voter registration can be found on the Washtenaw County clerk’s elections division website. [Full Story]

This year, five local judicial seats will appear on the Nov. 6 ballot. Incumbents will be running for four of those positions, and three of those incumbent judges – Cedric Simpson (14th District Court, Washtenaw County); Joe Burke (15th District Court, Ann Arbor); and Darlene O’Brien (probate court, Washtenaw County) – are unchallenged.

The fourth incumbent – Tim Connors of the 22nd Circuit Court – is facing Mike Woodyard, an Ann Arbor resident and attorney in the Wayne County prosecutor’s office.

Another position on the 22nd Circuit Court is currently held by judge Melinda Morris, who is ineligible for re-election because of her age. The state constitution requires that judicial candidates at the time of election must be younger than 70 years old. The race for that non-incumbent judicial seat is a crowded one, with four candidates: Erane Washington, Doug McClure, Carol Kuhnke and Jim Fink. All four will be on the Aug. 7 primary ballot as non-partisan candidates, with the top two vote-getters facing off on Nov. 6.

On June 23, the Washtenaw County Democratic Party held a judicial candidate forum in Pittsfield Township hall. A previous Chronicle report covered the panel with Connors and Woodyard, as well as a presentation by 46th District Court judge Shelia Johnson, one of three Michigan Supreme Court candidates endorsed by the state Democratic Party.

This report focuses on the four-way non-incumbent race for 22nd Circuit Court. Questions covered a wide range of issues, including metrics for evaluating judicial performance, views on significant Michigan Supreme Court decisions, and descriptions of each candidate’s judicial philosophy and temperament.

Circuit court judges are elected to six-year terms and run as non-partisan candidates. But partisan politics was a significant part of this panel discussion, spurred in part by a handout had been placed on chairs in the audience prior to the start of the forum, titled ”What Washtenaw Democrats Should Know About Jim Fink.” [.pdf of handout text] At the start of the forum, Cleveland Chandler, chair of the Washtenaw County Democratic Party, announced that the WCDP had nothing to do with the handout, and the other three candidates made that same claim.

Some of the questions posed to candidates – specifically related to reproductive rights and the right for gay couples to adopt – highlighted the differences between Fink and the other candidates. With his Republican affiliations, Fink acknowledged during the forum that if this were a legislative race, ”you would not even think about voting for me.” But he vowed to follow the law and set aside his personal views as a judge, and noted that he has broad support from both parties, as well as ”people who don’t care about partisan politics at all.”

While not mentioning Fink directly, the other candidates noted that values do inform judicial decisions, and implied or stated directly that their positions on issues would align with those of Democrats. [Full Story]

Local and state judicial candidates were the focus of a June 23 forum hosted by the Washtenaw County Democratic Party.

Most of the two-hour session, held at the Pittsfield Township hall, was devoted to two 22nd Circuit Court races. Incumbent judge Tim Connors, who has served in that position since 1997, is being challenged by Mike Woodyard, an Ann Arbor resident and assistant prosecuting attorney for Wayne County.

There is no incumbent running for another seat on the 22nd Circuit Court – because judge Melinda Morris is ineligible for re-election as she is past the statutory age limit of 70. Four local attorneys are vying for that judgeship: Erane Washington, Doug McClure, Carol Kuhnke and Jim Fink. Coverage of that candidate forum will be provided in a separate Chronicle report.

The four candidates for the open 22nd Circuit Court seat will compete in the Aug. 7 primary to narrow the field. The two candidates in that race who receive the most votes will advance to the Nov. 6 general election.

All other local judicial candidates are incumbents who are unchallenged, and will appear on the Nov. 6 ballot: Cedric Simpson (14th District Court, Washtenaw County); Joe Burke (15th District Court, Ann Arbor); and Darlene O’Brien (probate court, Washtenaw County). They did not take part in the June 23 forum. These non-partisan judicial races are for six-year terms.

At the state level, candidates for Michigan Supreme Court are also on a non-partisan ballot, but they are nominated by political parties. Three positions on the seven-member court will be contested on Nov. 6, currently held by Democrat Marilyn Kelly and Republicans Stephen Markman and Brian Zahra, whose eight-year terms end on Jan. 1, 2013. Kelly is not seeking re-election because she’ll be past the age of 70. Markman and Zahra are running as incumbents, and the third GOP candidate will be selected at a state Republican convention in September.

In March, the state Democratic Party endorsed three candidates for Michigan Supreme Court: 46th District Court judge Shelia Johnson, Wayne County Circuit Court judge Connie Marie Kelley, and University of Michigan law professor Bridget Mary McCormack of Ann Arbor.

Of the three, only Johnson, a Southfield resident, attended the June 23 forum, telling the crowd of about 50 people that this year’s Michigan Supreme Court race is an historic election, and a chance to reverse the court’s current 4-3 majority. It’s the most important race on the ballot, she said, because the court’s decisions – from reproductive rights to environmental protection to emergency managers – affect everyone’s lives.

This article includes Johnson’s presentation at the June 23 forum, but begins with a report of the first 22nd Circuit Court race between Tim Connors and Mike Woodyard. [Full Story]

A source on the Ann Arbor city council confirmed for The Chronicle that city attorney Stephen Postema has told councilmembers he will not be running for a judgeship on the 22nd circuit court. Last August he’d indicated to The Chronicle that he was considering a run. ["Postema Mulling Run for Circuit Court Judge"]

As late as Jan. 23, he’d said he had not made a decision about whether to run. Had he entered the race, he would have faced competition from local attorneys Carol Kuhnke, Doug McClure and Erane Washington, who all attended a meeting of Ann Arbor city Democrats in mid-January and asked attendees for their support. Shortly after that meeting, local attorney Jim Fink issued a … [Full Story]

The 22nd circuit court of Washtenaw County has announced that retired judge Charles Nelson will be serving as a full-time visiting judge to absorb the docket of judge Nancy Wheeler, who has gone on extended medical leave. Her term as judge does not expire until January 2015. The news was posted on the court’s website and distributed via email by the Washtenaw County Bar Association on the morning of Friday, Jan. 20.

Other judges will manage Wheeler’s docket for the week of Jan. 23, 2012. However, beginning Jan. 30, Nelson will assume Wheeler’s docket on a full-time visiting judge basis. It appears that there will be no interruption to service by the court. Nelson retired in 2006 from the Jackson … [Full Story]

Local attorney Jim Fink has officially entered the race for the judgeship on the 22nd circuit court of Washtenaw County, a seat currently held by Melinda Morris, who is retiring. A press release issued on Tuesday, Jan. 17 stated that Fink decided to run because he is “exceptionally qualified,” and because his father, the late Robert V. Fink, and his brother, Karl V. Fink, were both judges in Washtenaw County. [.pdf of press release]

Fink is an Ypsilanti resident who practices law in Ann Arbor at Fink & Valvo PLLC. He has a degree from the Detroit College of Law and served for 20 years in the Washtenaw County sheriff’s office, first as a deputy and ultimately as a police services … [Full Story]

A Saturday, Jan. 14 meeting of Ann Arbor Democrats drew a total of four candidates for judgeships on two different Michigan courts – the 22nd circuit court of Washtenaw County and Michigan’s supreme court. Although positions on both courts are elected on non-partisan ballots, election outcomes are generally acknowledged to be decided at least to some extent along party lines.

Appearing at the meeting of the Ann Arbor City Democratic Party to establish that they’d be asking for support in the upcoming August primary, for election to the 22nd circuit court, were local attorneys Carol Kuhnke, Doug McClure and Erane Washington.

The non-partisan Aug. 7, 2012 primary will winnow the field down to two candidates for the one position that will be open on the 22nd circuit court – currently held by Melinda Morris, who is retiring. Candidates have until May 1 to file their nominating petitions.

For the position on the Michigan supreme court, the partisan connection is overt. One mechanism for ballot access is for candidates to be nominated through the convention of a political party. Three nominations can be made this year to the seven-member court. And Democrats will make their selection of nominees at a March 10, 2012 endorsement convention to be held at Detroit’s Cobo Center.

So last Saturday, Bridget Mary McCormack introduced herself to Ann Arbor Democrats as a candidate for one of the three Democratic Party endorsements for supreme court justice. She’s a professor of law at the University of Michigan, and co-director of the Michigan Innocence Clinic.

Also related to state-level party politics at the Saturday morning gathering was some measure of frustration expressed by Debbie Dingell. The wife of U.S. Rep. John Dingell (D-District 15) told the local Ann Arbor Democratic Party group that the state’s party leadership needs to give clearer direction to party members about the presidential primary to be held on Feb. 28.

The need for any direction stems from the appearance on the primary ballot of President Barack Obama’s name, despite the fact that he is not opposed in the primary, and that state party leaders did not want Obama’s name to appear. Michigan Democrats plan to select Obama as their nominee at a May 5 caucus. As it currently stands, national and state party rules don’t allow voters to participate both events – primary and caucus.

For his part, John Dingell quipped from his seat in the audience, “I’ve never voted in a Republican primary, and I ain’t about to start!” Earlier in the meeting, Dingell had dished out a well-polished series of pokes at the Republican Party, which included a lampooning of the field in the GOP presidential primary. Of the candidates, Newt Gingrich probably got the sharpest end of Dingell’s humor, when the Michigan congressman quipped, “As my old daddy used to say, even a blind hog can find an acorn.” Dingell also ticked through a number of achievements of Democrats in the last two years – including support for the auto industry and securing food safety.

Among the various volunteer sign-up sheets circulated at Saturday’s meeting was one to indicate willingness to help with the presidential campaign locally. In connection with that, David Cahill explained that the local party organization is now using the voter activation network (VAN) as its database.

The meeting was also an occasion for local candidates for office to introduce themselves. On the state level, Adam Zemke and Bob Davidow introduced themselves as candidates for District 55 of the Michigan house of representatives.

Incumbent county commissioners Conan Smith (new District 9) and Yousef Rabhi (new District 8) are both seeking re-election in the newly-configured nine districts – the board currently reflects representation of 11 districts. And Andy LaBarre told the gathering that he’s seeking election in the new District 7.

Also on the county level, Kathy Wyatt, executive assistant from the sheriff’s office,  announced that sheriff Jerry Clayton would be seeking re-election this year. The sheriff’s presence was required at a job fair that morning – new dispatchers were being hired in connection with retirements and the consolidation of dispatch operations at the county and the city of Ann Arbor.

Incumbent city councilmember Tony Derezinski (Ward 2) announced to meeting attendees that he’s running for re-election. Sabra Briere (Ward 1) also attended the meeting, but her council seat is not up for election this time around. She was re-elected last year – unopposed in both the primary and the general election.  [Full Story]