[nfbmi-talk] no justice in michigan

joe harcz Comcast joeharcz at comcast.net
Thu Nov 14 12:10:10 UTC 2013


Yes, and simply we have no independent judiciary in this state which should 
act as a check and balance against the legislative and executive branch. 
This is civics 101, this separation of powers issue. And it goes beyond 
partisanship issues too, or it should.

There is an arrogence and abuse of power in this state that is stunning. It 
happens to be mostly Republicans right now. But, I for one would be just as 
appalled if Democrats fast tracked the same sort of institutionalized abuse 
of the judiciary.


In fact though before my time one President I admire was FDR. But, one of 
his worst acts which I oppose in the rear window of history was his attempt 
to stack the Supreme Court.


Simply that action was wrong on its face. So is this one.

Joe

----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Thursday, November 14, 2013 2:18 AM
Subject: Re: [nfbmi-talk] no justice in michigan


> The simple fact that additional legislation is required to ensure the 
> right
> of a jury trial in cases shows the shallow mindedness, the rush to tamper
> with pending cases, and rush to shove it down the throat of citizens, all
> point to politics as usual under Snyder, and further loss of civil rights
> and disregard for justice.  We are nearing the Red War forecast by  the
> Prophets of centuries ago.
> s
>
> Snyder signs court shake-up bill; Ingham judge says new law is 'payback' 
> By
> Paul Egan Detroit Free Press Lansing Bureau Gov. Rick Snyder said today he
> has
>
> signed Senate Bill 652, which shakes up the state court system, but said 
> he
> did so with the understanding that amending legislation will be introduced
>
> to address at least one of the concerns raised about the bill. The bill 
> has
> immediate effect, meaning all of the roughly 100 lawsuits involving the
> state
>
> of Michigan now in the Court of Claims in Ingham County will be shifted to
> Court of Appeals judges selected by the Michigan Supreme Court. The bill
> also
>
> expands the jurisdiction of the Court of Claims, meaning an unknown number
> of other lawsuits against the state now in circuit courts around Michigan,
> also
>
> will be moved to the revamped Court of Claims. An Ingham County Circuit
> Court judge reacted to the news by saying he is "very, very disillusioned 
> at
> the
>
> manner in which this legislation came about, the manner in which it was
> shoved down the throats of the people of Michigan and the damage it's 
> going
> to
>
> cause the entire judicial system. "This is nothing buy payback for having
> the gall to stand up to them," said Judge William Collette. Snyder told
> reporters
>
> he doesn't know how many court cases now in state circuit courts will be
> moved to Court of Appeals judges as a result of the legislation that was
> rushed
>
> through the Legislature in two weeks. But he defended the speed with which
> the bill was passed, even as he said he understands amending legislation 
> is
>
> on its way. Snyder said he doesn't know all the details of the "trailer
> bill," but said he understands it will protect the right to a jury trial 
> for
> lawsuits
>
> against the state that are now in the circuit courts. A jury trial was
> already not an option in the Court of Claims. Among the criticisms of SB 
> 652
> was
>
> that it could deprive the right to a jury trial in civil rights lawsuits 
> and
> other cases where trial by jury is normally an option. "I thought it was 
> an
>
> improvement over the existing practice," Snyder said of SB 652. "It's 
> better
> to have a wider range of judges" hearing cases, but "I signed it with the
>
> understanding there would be follow-up legislation. Proponents of the 
> bill,
> sponsored by Sen. Rick Jones, R-Grand Ledge, said it makes no sense to 
> have
>
> the Court of Claims in a jurisdiction - Democratic-leaning Ingham County -
> elected by only 3% of state residents. Now, those cases and others will be
> heard
>
> by one of four Michigan Court of Appeals judges selected by the Michigan
> Supreme Court, where Republican-nominated justices hold a 5-2 majority. 
> Many
> legal
>
> critics said there were problems with having the court in Ingham County, 
> but
> said the cure is worse than the sickness in terms of partisan influence on
>
> the court system. Critics also said the Court of Appeals is not
> well-equipped to act as a trial court and it's problematic to have appeals
> of decisions
>
> made by Court of Appeals judges sent to other Court of Appeals judges, as
> will happen under the new law.
>
>
>
>
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