Options for an Independent Judiciary in Michigan

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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

The Issue of Race in Michigan Yesterday and Today

 

On October 16, 2009 and again on October 22, 2009 I had the opportunity to participate in two important programs on the subject of race in Michigan.  I am going to share some of my observations with AAUW members by means of the AAUW of Michigan state website blog.

 

James Baldwin wrote:  Not everything that is faced can be changed, but nothing can be changed until it is faced.

 

It seems to me that statement is a succinct description of the efforts of the Michigan Roundtable for Diversity and Inclusion to work toward creating a more inclusive social fabric in Southeast Michigan.  On October 16, 2009 at the Wayne State University Law School a Mock Trial on Race and Housing was held.  All the elements of a courtroom were present, including a judge (Judge Victoria Roberts), a jury, a plaintiff and attorneys for the plaintiff as well as for the defense.

 

The plaintiff, Marvin Miller, alleged that the Federal Housing Administration’s mortgage insurance practices prevented him from purchasing homes in 1949 and 1960.  He alleged that in 1949, the FHA’s continued endorsement of racially restrictive covenants prevented him from purchasing a home in an all-white neighborhood and that is 1960, the FHA’s practice of “redlining” – refusing to insure mortgages in certain areas based on their racial composition, again prevented him from purchasing a home.

 

Despite impressive arguments on the part of the defense, representing the position of the FHA, the jury brought back a verdict in favor of the plaintiff.  They awarded him a fictitious sum of $250,000 as compensation for the long-term loss of homeowner equity he was denied when he was rejected from obtaining an FHA insured loan to purchase a home.

 

In the afternoon, following the announcement of the verdict, a Race & Housing Conference was held at the McGregor Center on the Wayne State University campus.  I attended the workshop entitled “Fair Housing, the History of Detroit Communities and Urban Renewal.”  Handouts that illustrated the consistent, pervasive use of discriminatory practices were shocking in their blatant use of language.  In a description of public schools, for example, that are “like a select private academy” there “can be no mixing of children of different color …  the colony here has been permanently restricted as to race    the entire school district is reserved exclusively for Caucasians.”

 

For more information about the Mock Trial, or to follow the locations for the traveling exhibit about segregation in Metro Detroit, go to (www.miroundtable.org).  There will be another chance to participate in a Michigan Roundtable event on February 12, 2010 at Cooley Law School where there will be Part II of the Mock Trial.  Mark your calendar and plan to attend.

 

On October 22, 2009 I attended a Race Relations & Diversity Task Force presentation at The Community House in Birmingham entitled Recognizing Privilege:  Confronting Racism in the 21st Century.  The speakers were from the Detroit Catholic Pastoral Alliance Anti-Racism Team, and they talked about the ways white society benefits from Institutional Racism both consciously and unconsciously.

 

Several handouts were provided on the subject of white privilege.  One of them was titled

 

Being a Strong White Ally

 

What people of color want from white allies

 

Respect

Find out about us.  Don’t make assumptions.

Don’t take over.  Stand by our sides.

Provide information.  Don’t assume you know what’s best for me.

Take risks.  Make mistakes.

Understanding.  Talk to other white people.

Teach your children about racism.  Interrupt racist jokes and comments.

Speak up.  Be supportive.

Don’t be afraid of my anger.

Put your body on the line.

 

One of the suggested books that deals with the subject of racism is: Between Barack and a Hard Place:  Racism and White Denial in the Age of Obama by Tim Wise.  In his book, Mr. Wise talks about “enlightened exceptionalism.”  The term describes the way in which white people “allow for and even celebrate the achievements of individual persons of color, but only because those individuals generally are seen as different from a less appealing, even pathological black or brown rule.”

 

Future programs sponsored by the Race Relations & Diversity Task Force include:

       Five Women, Five Journeys – How Different Are We?

Tuesday evening, November 17, 2009 at 7:00 p.m. at The Community House.  A panel of women from different faith traditions – Muslim, Christian, Jewish, Baha’i, and Hindu – will reflect on the changing roles and expectations of women and discuss their own personal stories.  There is no admission fee for this program.

 

Dr. Martin Luther King Jr. Celebration 2010

Monday, January 18, 2010 at 8:00 a.m.

Keynote speaker:  Judge Denise Langford-Morris. Tickets are $25.00.  It is a plated breakfast and reservations are required by January 8, 2010.

 

Barbara Bonsignore

November 13, 2009

Posted under Social Justice

This post was written by BarbaraB on November 13, 2009

AAUWMI District 3 Meeting in Frankemuth

District 3 branch meeting held July 11 in Frankenmuth.  Branches that comprise District 3: Frankenmuth Area, Midland, Owosso, Port Huron and Saginaw.  Photos of those in attendance include state board President-elect Sally Doty and District Director Amy Seetoo.

Posted under Photo Gallery

This post was written by janetw on August 31, 2009

How to navigate the AAUWMI Blog

Navigating the AAUWMI blog is easy.   It is a great place and way to express your thoughts and ideas about the issues you want to share with other readers.  You can include media such as photos, video, and audio.  Just click the desired icon in the tool bar next to Add media above.  Change font, add quote marks, align text, bullet or number a list, etc…

Posted under AAUW of Michigan

This post was written by janetw on August 8, 2009

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Where Justice and History Meet

August 8, 2009 marks the historic swearing-in of Sonia Sotomayor as a Supreme Court Justice.  AAUW, along with a variety of other groups and organizations applaud the confirmation of this talented, well-qualified woman. What did you think of the vetting process that preceded Judge Sotomayor’s confirmation?

 A few weeks ago, during the Senate hearings, Marie Wilson, initiator of The White House Project wrote an article published online by the Huffington Post entitled “Our Children Are Watching.”  I think her words are profound, and worth reprinting, in part, for the consideration of AAUW members.

Marie Wilson refers to those long-ago days before the success of the Take Our Daughters to Work Day campaign.  The organizers of that event said to themselves, “A girl is watching.  What is she learning about  being a woman?”  Their hope was that posing the question “would force women and men alike to view their surroundings in a completely different light, and reexamine the subtle and overt messages which girls interact with on a daily basis.”

As Marie watched the Sotomayor hearings she returned to the question of what girls are learning from the images they are seeing on the screen.  She writes:

The knowledge we are imparting to girls is this:  you may work really hard and make it to the top of your class. You may get distinguished degrees from princeton and Yale, have a successful career, and even be hand-picked by the President of the United States for the highest court in the land.  yet people on TV will call you “domineering” because you’re an outspoken woman.  They will bring up your menstruation and call it “really bad” for the decisions you make.  if you’re a woman of color, they may even joke about sending you vacuum cleaners to clean up after meetings.  At the very least, you will be asked to cut off the parts of yourself that reflect your race or gender in exchange for a seat at the tables of power.

While there are those who see Justice Sotomayor as a role model for young women, particularly women of color, who may choose to follow in her footsteps, the proceedings may also serve to discourage them from following her example, precisely because of the treatment they witnessed during the hearings.  Will young boys believe this treatment is acceptable and deserved?  Senators, including Majority Leader Harry Reid, described the questioning as fair and evenhanded, with no acknowledgement of bias or lack of sensitivity.  What does that say about the highest levels of leadership in the country?

In her conclusion Marie Wilson writes:  “I implore our congressional leaders and our talking heads to take this weighty concept into account the next time they judge Sotomayor on anything but her record and merits - and to remember, our children are watching.”

Barbara Bonsignore

Posted under Equity in the News

This post was written by BarbaraB on August 7, 2009

Tutorial Successful!!

Thanks to Janet for giving me her time to teach me how to do this!!!!!

Posted under AAUW of Michigan

This post was written by CarolP on July 19, 2009

Learning new skills

Learning new skills is sometimes challenging, but almost always worthwhile.

Posted under Equity in the News

This post was written by SallyD on July 18, 2009

Women’s Equality Day on August 26, 2009

All women should celebrate the Women’s Equality Day on August 26, 2009, to commemmorate the passing of the 19th Amendment, which gave American women’s right to vote, beginning in 1920.

The Ann Arbor Branch of AAUW will celebrate the day by having an activity at the Washtenaw Community College Health and Fitness Center in Ann Arbor.

Time: 7-9 pm

Program: Finger food, meet other 10 co-sponsoring organizations, meet Elizabeth Caddy Stanton impersonator, etc, etc.  See you there.

Posted under AAUW of Michigan

This post was written by AmyS on July 18, 2009

2009 St. Louis Convention Photos

Posted under Photo Gallery

This post was written by janetw on July 16, 2009

What do baseball & AAUW have in common?

            I was listening to NPR yesterday afternoon when I heard part of the story of Satchel Paige, the black baseball player.  He was not allowed to play in the major leagues because of the color of his skin…or, I should say, he was not allowed to play because of discriminatory policies by major league baseball.  It was well-known that he was as good, or by many accounts, better than the major league pitchers of his era.  He was able to become financially more successful than his contemporaries because of his entrepreneurial skills.  Mr. Paige was forced to pitch every day (in order to earn that living), whereas his counterparts in major league baseball pitched in rotation of maybe every third, fourth or even fifth day.

            Why am I regaling a bunch of women about a baseball player?  Because, it was policies set up by a previous generation of baseball managers that kept the best baseball pitcher of his time out of the major leagues.  We look at those policies now and think, “How short-sighted of them.”

            Isn’t that, boiled down to its essence, what we are debating about with the bylaws of AAUW?

            Don’t we need to look at AAUW with the eyes of the current generations of girls and women whom we purport to serve to see what their wants/needs are rather than those of the “previous” generations?

            Food for thought.

Kathy Banfield Shaw

AAUW of Michigan, President

Marshall, Michigan Branch

Posted under AAUW of Michigan

This post was written by kathyb on July 14, 2009