On Tuesday, February 9, 2010, AAUW of MI State President, Kathy Shaw, asked me to represent the organization at a nonpartisan symposium at Wayne State University in Detroit. The symposium was co-hosted by the Wayne State University Law School and the American Board of Trial Advocates (ABOTA).
The keynote speaker for the event was Retired U.S. Supreme Court Associate Justice Sandra Day O’Connor. Michigan Supreme Court Chief Justice, Marilyn Kelly, who is a graduate of Wayne Law, Class of 1971, introduced Justice O’Connor.
The Honorable Sandra Day O’Connor was the first woman to serve as a Justice of the U.S. Supreme Court. She was nominated by President Ronald Reagan and confirmed unanimously by the Senate in 1981. During her 25 years on the Court, Associate Justice O’Connor ruled on numerous landmark cases before her retirement on January 31, 2006. Shortly thereafter she established the Sandra Day O’Connor Project on the State of the Judiciary at the Georgetown University Law Center. The project focuses on the election/selection of an impartial judiciary, making her the perfect keynote speaker for the symposium. Her remarks were cogent, pithy and to the point. She began by expressing her appreciation of the fact that the Michigan Supreme Court Justice is a woman. During her speech she made reference to the recent Supreme Court ruling involving the Citizens United v. FEC case. She explained that the ruling overturned one made during her time on the Court. She directed the audience participants, who were mainly students from Wayne State University, to look up her written opinion on the matter in order to understand where she stands on the matter.
She even managed to insert a timely “Who dat?” into her remarks, following the triumph, two days earlier, of the New Orleans Saints in the Super Bowl. The quip drew an appreciative laugh from the audience. As the moderator said at the conclusion of her speech, “ I have heard Justice O’Connor speak on many occasions, but I never expected to hear “Who dat?” in one of them.
Michigan is among a growing number of states examining the issue of judicial independence, particularly with respect to the election/selection of its Supreme Court justices. The concept of judicial independence encompasses the idea that individual judges and the judicial branch as a whole should work free of political pressure.
The input for the symposium agenda was gathered from representatives of professional organizations, political parties, academia and the business community. Based on this feedback, speakers from around the country provided perspectives on this important subject. Funding for the event came from Wayne State University Law School and a grant from the Joyce Foundation, an organization dedicated to advancing effective public policy on a range of issues, including election law and voting rights.
Loretta M. Ames, President of ABOTA – Michigan Chapter, explained in her introductory remarks that the focus of the discussion at the symposium would be projected to reforms in 2020 rather than referencing the current makeup of the court, in an effort to look toward future improvements in the court system.
Among the prestigious speakers at the symposium were James J. Sample, Associate Professor at Hofstra University, and Robert A. Sedler of the Wayne Law faculty. Professor Sedler is an expert in Constitutional Law and Conflict of Laws.
Rich Robinson, Executive Director of the Michigan Campaign Finance Network talked about public financing and other campaign reforms. He provided each audience participant with a copy of the Citizen’s Guide to Michigan Campaign Finance – 2008.
The final major speaker for the day was the Honorable Rebecca Love Kourlis, former Colorado Supreme Court Justice. She left the Colorado Supreme Court in 2006 to establish the Institute for the Advancement of the American Legal System (IAALS), where she serves as Executive Director. IAALS is a national non-partisan organization dedicated to improving the process and culture of the U.S. civil justice system. Her subject matter focused on judicial performance evaluations and voter information. She is involved in an official program that collects data on judges, from the people who appear before them. The people in the courtroom are asked to respond to questions that ask if the judges are prepared, respectful, attentive, and timely in their rulings. The information is made available to every voter in the District through a variety of vehicles, including a website and a “Blue Book” that contains the data. Colorado judges have been assessed on their judicial performance since 1987, and the practice has met with positive responses from the judges themselves. Half think it has been beneficial to their judgments, while one quarter think it has enhanced their performance.
The League of Women Voters of Michigan was one of the co-sponsors of the event and past State President, Pat Donath, was charged with talking about Next Steps To An Independent Judiciary in Michgan. She distributed response sheets indicating that a study commission will be formed following the symposium, to focus on the issues raised.
If there are AAUW of MI members interested in serving as a member of the study commission, or if a member would like to be kept informed about the issues, please contact Kathy Shaw at: ksbanf@aol.com.
Barbara Bonsignore
AAUW of MI Public Policy Director
February 13, 2010
Posted under Networking
This post was written by BarbaraB on February 13, 2010

