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Michigan
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Selection and appointment
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- Description:
- Part 1: Michigan Supreme Court Justice Thomas G. Kavanagh relates his family history and discusses his father's work with newspapers and the Democratic Party, his own early schooling, and his first jobs in law firms. He also discusses his judicial career, starting with the newly created Court of Appeals in 1964 and then running for the Michigan Supreme Court in 1968. He provides an insiders view of the Court during his tenure and discusses the various political and personal differences that arose among the justices. Part 2: Michigan Supreme Court Justice Thomas G. Kavanagh talks about the Justice John Swainson bribery case, his own involvement in the investigation and his view that Swainson was "framed". Kavanagh also discusses the turmoil on the Court in the mid-1970s and talks candidly about his colleagues, including Justices Mary Coleman, Charles Levin, John Fitzgerald, Thomas Brennan, Thomas M. Kavanagh, James Ryan, and Dorothy Comstock Riley. After 1976, Kavanagh says, the Court stabilzed and a new spirit of good will and collegiality was embraced by all of the justices. Kavanagh covers a wide range of general topics, including legislative apportionment, mandatory arbitration, the difficulty of campaigning for election, judicial conferences, the Michigan Supreme Court's involvement with the State Bar of Michigan and its disciplinary procedures, term limits for Chief Justices, and the selection process for Supreme Court Justices. He finishes by describing his speech to the Kalamazoo County Bar Association, which was titled, "Pot, Pornography, and Prostitution," by the program organizers.
- Date Created:
- 1990-11-01T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Part 1: Michigan Supreme Court Justice Thomas E. Brennan talks about his family history, his father and mother, attending Catholic school, and the University of Detroit Law School, opening his own law practice, being elected to the Common Pleas Court, being appointed to the Circuit Court by Governor Romney in 1963, being elected to the Michigan Supreme Court in 1966, and becoming Chief Justice in 1969. Brennan says that practicing law prepared him well for the rigors of being a judge. Justice Brennan also discusses what he calls "the myth of non-partisanship, the nature of democracy, the political nature of the selection of Chief Justice, the notion of representation in a democracy, the nature of leadership, the establishment of the State Appellate Defenders Office, the creation of the State Bar Grievance Board in 1969, the election process for judges in the Detroit area, the establishment of a Criminal division of the Detroit District Court, economic stability, civil disorder, and the 1967 race riots in Detroit. Part 2: Michigan Supreme Court Justice Thomas Brennan talks about judicial activism and the prospective vs. retrospective changing of Common Law, using humor in writing court opinions, and making decisions by law or by conscience in a judicial context and whether his Catholicism is an issue in performing his public duties. Brennan also discusses the controversy surrounding his founding of the Thomas M. Cooley Law School in Lansing and the school's mission of offering practical scholarship to a broad and diverse study body. Part 3: Michigan Supreme Court Justice Thomas E. Brennan talks about a case concerning the apportionment of the Michigan Legislature in the 1970s, having his portrait presented to the Michigan Supreme Court in 1980, and his activities since leaving the court in 1973.
- Date Created:
- 1991-01-01T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Michigan Supreme Court Justice Theodore Souris discusses his family history, living in Detroit and then Ann Arbor as a student, joining the Air Force in 1943, and finally returning to the University of Michigan in 1945 to finish his undergraduate degree and complete law school. Souris also talks about knowing Michigan legends G. Mennen Williams and Neil Staebler, practicing law after graduating, being involved in the election recounts of 1950 and 1952, and his unexpected appointment to the Michigan Supreme Court. Souris says that his first weeks on the Court were challenging, but that he worked quickly to initiate needed changes in such matters as the process of acquiring copies of briefs and creating "Window Reports." He also weighs in on the statistical analyses of the Court's work, court processes, writing opinions, the relationships of Justices during his tenure and the work of such colleagues as Justices Talbot Smith and George Edwards. The Michigan Supreme Court confronted many thorny legal issues during his time, Souris says and chief among these were Michigan court reform, the one-man grand jury law, government immunity, presumption of undue influence, summary judgment, and the right of discovery. Souris discusses each and how such cases and court decisions affect the creation and revision of laws.
- Date Created:
- 1990-11-05T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Michigan Supreme Court Justice Lawrence Lindemer discusses the judicial selection process and his own appointment to the Court after the death of Justice Thomas M. Kavanagh. Lindemer also talks about the inner workings of the Court and the court system, including the philosophical and geographical differences among the justices, judicial activism, the importance of face to face communication and collegiality in the judicial process, the effects of the 1974 elections on judicial relations, the overall power of the Court, and the effect on justices of John Swainson's resignation in 1975. Lindemer reviews legal and social issues confronted by the Court during his tenure, including double jeopardy, taxation, sentencing guidelines, and workers compensation.
- Date Created:
- 1990-10-04T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Part 1: Michigan Supreme Court Justice George C. Edwards discusses his family history, his father, his education at Southern Methodist University and Harvard, his early jobs, serving in the military, his involvement in the labor movement, and his appointment to the Probate Court bench. He also talks about various cases heard by the Michigan Supreme Court during his tenure, including Comstock versus General Motors, Scholle versus Hare, Baker versus Carr, West Versus Norther Tree. Edwards says that he eventually resigned from the Court to become Police Commissioner of Detroit and that he has always aspired to be a writer and is currently writing a book about his father. Edwards' wife Peg joins the interview in progress. Part 2: Michigan Supreme Court Justice George C. Edwards talks about various issues and cases, including judicial selection, partisanship, juvenile injury, election recounts and the abuse of paper ballots, the People's Savings Bank, and Certain-Teed Products. He also discusses his colleagues, most notably, Justices Eugene F. Black, Talbot Smith, Leland Carr, John Voelker, and Harry Kelly.
- Date Created:
- 1990-12-03T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Part 1: In an oral history interview, former Michigan Supreme Court Justice John W. Fitzgerald discusses his family background, serving in the armed forces, attending law school at the University of Michigan, the early days of his legal career, and running for the the Michigan Senate in 1958 and the newly created Michigan Court of Appeals in 1964. Justice Fitzgerald also talks about his decision to leave the Court of Appeals to serve on the Michigan Supreme Court, the Supreme Court election process, his own campaigns and his decision not to accept campaign contributions from lawyers. Fitzgerald further provides insight on the Supreme Court's decision making process, the composition of the Court during his tenure and the famous Scholle vs. Secretary of State case. Part 2: In an oral history interview, former Michigan Supreme Court Justice John W. Fitzgerald talks about his early days on the Michigan Supreme Court and difficult issues faced by the Court in the nineteen-seventies, including selecting a new Chief Justice in 1974, the death of Justice Thomas M. Kavanagh in 1975, and the investigation of Justice John Swainson later that same year. He says that some cases suffered during that period because the Court was "short-handed". Justice Fitzgerald also discusses memorable cases decided by the Court during his tenure, including People vs. Beavers and the "Poletown" case, the legislative role of the court, and collegiality amongst the justices.
- Date Created:
- 1990-01-01T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Michigan Supreme Court Justice Otis M. Smith talks about growing up in Memphis, Tenn, his family history, working multiple jobs to pay for college, serving in the U.S. military during World War II, entering law school after the war, and his early professional jobs. Smith says that from a very early age he was filled with a burning desire to succeed in life and to make his mark. Smith also discusses the judicial selection process, his own appointment to the Michigan Supreme Court, the geographic makeup of the Court during his tenure, selection of a Chief Justice, and the interaction of the Justices. He then goes on to discuss his colleagues, including Justices Gene Black, Harry Kelly, John Dethmers, George Edwards, Theodore Souris, Thomas Kavanagh, Michael O'Hara and Paul Adams. Smith speaks eloquently of the serious nature of conducting Court business and discusses his own decision making style, and the issues he dealt with in cases such as Scholle versus Hare, the People versus Lochricco, and the Fenestra, Mallory, and Pittsfield Township cases.
- Date Created:
- 1990-10-23T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Part 1: Michigan Supreme Court Justice Dennis W. Archer talks about his family history, growing up in Detroit and Cassopolis, MI, teaching, attending the Detroit College of Law, his interest in politics, his nomination to the Michigan Supreme Court and his involvement with the State Bar of Michigan. Justice Archer also discusses his early years on the Court, the role of the Supreme Court, collegiality among the justices, the Cassidy and DiFranco decisions, and the relationship between the Michigan Supreme Courst and the State Bar of Michigan. Part 2: Michigan Supreme Court Justice Dennis W. Archer talks about the State Bar of Michigan and the State Bar Grievance Board, his activities with the American Bar Association, issues facing African-American lawyers, his own contributions to the court, the selection process for Chief Justice, and the practice of law in Michigan. He ends by appraising his colleagues and presenting his vision for the legal profession in regards ethnic and gender diversity.
- Date Created:
- 1991-06-05T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- In an oral history interview, Michigan Supreme Court Justice and author of the novel "Anatomy of a murder", John D. Voelker, talks about growing up in Ishpeming, MI, and his education and work background, including his time as a district attorney. Voelker also discusses being appointed to the Court in 1957, running against Joseph Moynihan, Jr. for a seat that same year, how decisions are made by the justices, famous cases he heard, including People v. Hildabridle and his eventual resignation from the Court. Justice Voelker talks fondly about writing, and the books he wrote under the pseudonym Robert Traver and reads an excerpt from "Laughing whitefish" which includes a description of the Michigan Supreme Court chambers. Voelker is interviewed by Roger F. Lane.
- Date Created:
- 1990-10-01T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices
- Description:
- Part 1: Michigan Supreme Court Justice Patricia Boyle talks about her childhood, the influence of family on her life, and her college years at the University of Michigan, an institution which she says was woefully lacking in diversity during her time there. She also says that she "fell into" the practice of law, describes law school, and says that she was ill treated by her male classmates. After law school, Boyle says that she had an almost impossible time finding a job in a male dominated field and that the job interview process itself was often sexist. She says that early in her career she was naive about sexism in the legal field, cites the disparity in pay between genders, and says that women are denied equal opportunity and that most women in the field work as secretaries or "helpers". Boyle also recalls the tensions between her career and family life, her eventual divorce, her second marriage and the impact of her career on her children. Part 2: Michigan Supreme Court Justice Patricia Boyle discusses being considered for the position of U.S. Attorney General during the Clinton Administration, other job opportunities, how selections are made for high profile jobs, and the incredible personal scrutiny candidates face. Boyle also says that the Court was remarkably "clean" during her tenure, even in the face of party politics and that she simply tried to "do what was right" at all times. Boyle also critiques the other Chief Justices who served with her, including Justices Riley and Levin and describes how gender, race and ethnicity affected the Court's decisions. Boyle concludes by describing her appointment to the Court by Governor Blanchard. Part 3: Michigan Supreme Court Justice Patricia Boyle describes her relationships with Michigan Governors Milliken, Blanchard and Engler and discusses the differences in their politics. Boyle also discusses several high profile decisions made by the Court during her tenure, such as in the "Baby Jessica" and Dr. Jack Kevorkian cases and the contentious legal issues faced by the Court, including the Duty to Aid or Protect Doctrine, unintended harm, negligence and liability, grandparent visitation rights, Miranda rights, criminal sentences and probation, and the cost of incarceration versus treatment for drug offenses. Boyle also comments on liberal and conservative influences on the Court, the principles under which the Court operates, Court authority in relation to the state legislature, single party domination of the branches of government, and the U.S. Justices she admires.
- Date Created:
- 2002-01-01T00:00:00Z
- Data Provider:
- Michigan State University. Libraries
- Collection:
- Interviews with Michigan State Supreme Court Justices