By Tom Kirvan
Legal News
Befitting a lifelong learner, newly retired Michigan Supreme Court Justice Stephen Markman has experienced a series of “educations” over the course of his career — as a campaign manager, a legislative assistant, deputy chief counsel of the U.S. Senate Judiciary Committee, U.S. Attorney for the Eastern District of Michigan, judge on the state Court of Appeals and as a justice on the seven-member Michigan Supreme Court.
He embarked on his new challenge Jan. 1, when he officially began navigating the world of retirement, which may pose a particularly steep learning curve for a man accustomed to dealing with weighty constitutional issues and high-stakes legal matters that occasionally have spilled over into the political arena.
“It will be an adjustment,” the 71-year-old Markman admitted in a wide-ranging interview this month in Lansing, at one of his favorite meeting spots not far from the Michigan Hall of Justice.
It will be a change not of his own making. Markman — like many other longtime members of the state judiciary — is caught in the web of age limits, a constitutional barrier that prevents judges and justices from seeking office once they pass 70 years old.
He does not begrudge the fact. Instead, he prefers to see the wisdom of the policy, which he framed within the “will of the people” by virtue of its inclusion in the state constitution.
“Although I have known many colleagues who have ‘aged-out’ with plenty yet to give in terms of public service, I also appreciate the rationale behind the limit, to ensure that advancing age does not become a factor in the proper administration of justice,” Markman said. “It’s important to defer to the judgment of the people in this regard.”
As he reflected on a legal career that spans nearly 50 years, Markman said his path into the law was almost by “default” as he considered his options while a student at Duke University, an elite school that ranks with the finest academic institutions in the country.
“I majored in political science,” he said of his field of study, traditionally one of the stepping stones to law school. “But I probably had met only one attorney in my life up to that point and really wasn't considering the law as a career possibility, but something must have started to intrigue me about it. I really believe it was my default option at that stage.”
A Detroit native, Markman grew up in Oak Park, the oldest of three children. His father, Julius, owned a drug store in southwest Detroit, where he worked for 35 years as a pharmacist. His mother, Pauline, now 92, taught third grade in Detroit after raising her family.
His parents were “lifelong Democrats,” which made for interesting dinner conversations with a son who was beginning to explore his own political leanings.
“I can still remember the 1964 Republican Convention at which Barry Goldwater was nominated for president and talking to my dad about the tax issues of the day,” Markman said. “We had some lively discussions.”
Markman began whetting his interest in politics by serving as campaign manager for Michigan Congressman Robert Huber of Troy in a 1974 re-election bid, a race the incumbent lost to an up-and-comer named James Blanchard, future governor of Michigan.
“Congressman Huber was the former mayor of Troy and also had served in the State Senate,” Markman said. “Unfortunately, as a Republican incumbent, he paid the price for President (Gerald) Ford’s pardon of former President Nixon. There was a real backlash at the polls for that.”
After obtaining his juris doctor degree from the University of Cincinnati, Markman and his wife, fellow law student Mary Kathleen Sites, moved to Washington, D.C. in hopes of landing government jobs in the nation’s capital.
“I was pounding the pavement for work and found an opening as a legislative assistant with Republican Congressman Ed Hutchinson,” Markman said of the noted conservative who served in the House of Representatives from 1962-77. “He was the ranking Republican on the House Judiciary Committee during the Nixon impeachment proceedings and he hired me to be his legislative assistant — his only legislative assistant.”
The job proved to be a “wonderful opportunity” to learn about the legislative process, according to Markman, and eventually led to a similar post with a Congressman from Minnesota, Tom Hagedorn, a full-time farmer before being elected to office.
“I spent 2-1/2 years with Congressman Hagedorn, learning all about crop subsidies, the Farm Bureau, the Grange, and the like,” Markman, a city boy, said with the hint of a smile.
Markman’s smarts impressed Utah Senator Orrin Hatch with whom he worked for the next seven years, serving as chief counsel of the United States Senate Subcommittee on the Constitution and as deputy chief counsel on the Senate Judiciary Committee. There, in 1980, he was instrumental in helping defeat a Democratic challenge to the Electoral College system.
“It was the first time there was a direct substantive vote on the issue and the proposal fell 17 votes shy of the two-thirds needed for passage,” Markman said with a special sense of pride. “Preserving the Electoral College means that it is far less likely that a ‘regional president’ will ever be elected, giving the nation the assurance of 50 democratic elections.”
The issue, Markman acknowledged, likely will be revisited in coming years, particularly in light of the 2000 and 2016 presidential elections when the winners did not prevail in the popular vote.
“It’s becoming a hot-button political issue, which is all the more reason to stay the course with a system that has served the country well for centuries,” said Markman.
In 1985, Markman accepted an appointment from President Ronald Reagan to serve as Assistant Attorney General of the United States, a job he would hold for the next four years.
In that post, Markman headed the Department of Justice’s Office of Legal Policy (OLP), “which served as the principal policy development office within the department, and which coordinated the federal judicial selection process.”
It was a plum assignment with regular contact with then Attorney General Edwin Meese and his successor Dick Thornburgh, setting the stage for Markman’s return to Michigan in 1989.
“After 13 years in Washington, we were anxious to return to Michigan to be closer to our families,” Markman said on behalf of his wife, who has spent the past decade working with the state Attorney General Office in Lansing. “We thoroughly enjoyed our time in Washington, but there was definitely a pull to return home.”
That pull included the opportunity to serve as the next U.S. Attorney for the Eastern District of Michigan, where for the next four years he would head law enforcement efforts while overseeing a team of nearly 100 lawyers.
“I was blessed to be leading one of the finest ‘law firms’ in the state,” Markman said of his new assignment that came by way of an appointment from then President George H.W. Bush. “We had a staff filled with outstanding trial attorneys, many of whom were career public servants.”
Among those was Alan Gershel, who in 2019 retired as head of the Attorney Grievance Commission after spending 28 years as a federal prosecutor. Gershel, who also has taught criminal law at several area law schools over the years, was chief of the Criminal Division of the U.S. Attorney’s Office during Markman’s tenure.
“Justice Markman was one of the smartest, most dedicated, hardest working and innovative U.S. Attorneys I worked for,” said Gershel. “He displayed a passion for public service and a deep commitment to the citizens in the Eastern District of Michigan.
“There were many initiatives we undertook during Justice Markman’s leadership,” Gershel noted. “These included a wholesale revision of the prosecution guidelines which had not been reviewed and revised for years, a formal training program for law enforcement, especially for newer agents, and a robust community outreach program. He helped establish and was active in the Downtown Executive Club, which consisted of business and political leaders who planned projects to improve the downtown area.”
Of particular importance, according to Gershel, was Markman’s desire to combat violent crime in Detroit and other large cities in the Eastern District.
“Because of the increased violence in the metropolitan area at that time, the prosecution of gun violence became a top priority as well as the prosecution of violent gangs, including drug gangs,” Gershel said. “With respect to drug gangs, Justice Markman recognized that success in this area would be enhanced by partnering with local and state law enforcement authorities as well as local prosecutors, recognizing each had a lot of expertise and experience to contribute to this effort.”
For good measure, Markman also focused his office’s attention on another difficult societal problem.
“Under Justice Markman’s leadership, the office was in the forefront in the prosecution of doctors and pharmacists who illegally distributed controlled substances such as pain medication,” said Gershel. “This was long before this became the nationwide problem it is today.”
During his time as U.S. Attorney, Markman was no stranger to the courtroom, serving as the lead prosecutor in four cases himself, including a successful three-week trial in Bay City of a major drug ring.
After his departure from the U.S. Attorney’s Office in 1993, Markman spent the next two years in private practice with Miller Canfield in Detroit, successfully defending the state in a Voting Rights Act lawsuit brought against then Michigan Attorney General Frank Kelley.
Markman’s win in that case undoubtedly caught the eye of Governor John Engler, who in late 1994 tabbed Markman for an opening on the state Court of Appeals. It was a call that came “out of the blue,” said Markman. His four-year stay on the state appellate court led to a case of déjà vu, as Governor Engler had Markman in his judicial sights again when a Supreme Court opening occurred in 1999 following the surprise resignation of Justice James Brickley due to health reasons.
“It was an honor to follow Justice Brickley, who gave me counsel over the years,” Markman said. “I even had the pleasure of swearing in his daughter (Kathleen Brickley) to the Van Buren County Circuit Court when she became a judge.”
His elevation to the state’s highest court came with a caveat, however. As a 1999 appointee, Markman would be forced to seek election to retain his seat a year later.
“It was a quick turnaround and a tough campaign, but I really enjoyed the chance to meet with individuals and groups around the state,” Markman said of the Supreme Court race in 2000 in which he was the top vote-getter.
Four years later, Markman was forced to run again after completing the unexpired term of Brickley’s. His win in 2004 was followed by an election victory in 2012.
One of Markman’s many admirers during his time on the bench has been U.S. Court of Appeals Judge Richard Suhrheinrich, who first crossed paths with the retiring justice when he served as U.S. Attorney in Detroit.
“He is a man of great integrity who has been an outstanding public servant for many years,” Judge Suhrheinrich said of Markman.
“I’ve been particularly fond of his judicial decision making, in which he has not let his own beliefs get in the way of the correct outcome. He always has been mindful of the importance of seeking legal answers in making the right and just decision in a case before him.”
Michael Murray, who spent 24 years with the state court system before retiring and was ordained a Catholic priest in 2016, also has been a longtime admirer of Markman.
“He is a man of exceptional intelligence and great kindness,” said Rev. Murray, a University of Michigan Law School alum. “Justice Markman was always approachable and helpful, and has taken his role as a public servant to heart throughout his career.”
Those comments were echoed by Gerald Rosen, former chief judge of the U.S. District Court for the Eastern District.
“Over more than 40 years, Justice Markman’s career in the law has been among the most prolific and impactful in Michigan legal history,” said Rosen, a friend of the state jurist from their childhood days in Oak Park. “His career has been remarkable in so many respects ... and yet he has largely been unappreciated and unrecognized for the profound impact he has made at every step along the way.”
Of particular note, according to Rosen, was the “prominent role” that Markman played during the Reagan Administration in the selection of judges for the federal courts.
“And that included picking nominees for the federal district, appellate, and even the Supreme Court,” said Rosen, who retired from the federal bench in 2017 and now heads the Detroit office of Judicial Arbitration and Mediation Services (JAMS).
“As chief justice of the Michigan Supreme Court, he left a deep and lasting imprint on the Michigan legal and judicial communities,” added Rosen. “And beyond that, he has been a profound and national voice in the development of conservative legal philosophy. Steve has done all this in his quiet, collegial, self-effacing, and dry-witted way, making friends and influencing people across the judicial spectrum.”
The current chief justice of the state Supreme Court, Bridget McCormack, also has gone on record in her praise of Markman, publicly saluting him last month as the court considered its last round of cases for the year.
“I know very few people who have had such a long and committed career to public service as Justice Markman,” McCormack said, citing his work on the bench, as U.S. Attorney, and as an Assistant Attorney General in Washington.
Markman, of course, preceded McCormack as chief justice, serving in the lead role from 2017-19. It was during that time when Markman experienced a major health scare, one that played out on a very public stage.
It took place in January 2018 at the Wharton Center on the Michigan State University campus in East Lansing, shortly after Markman delivered a commencement address to Cooley Law School students.
“I was walking off the stage when I fainted,” Markman said. “Next thing I know I’m in Henry Ford Hospital — a week later.”
He was diagnosed with a serious heart ailment that sidelined him for several months and forced him to alter his diet and lifestyle, so much so that he now walks six miles a day as part of his exercise routine.
The heart problem came as a surprise to Markman, who in high school was captain of the track team and reportedly was a standout in the 880-yard run, traditionally one of the most demanding events in the sport. Over the years, he also played pick-up basketball in various adult leagues, displaying a sharp shooting eye from mid-range among other talents.
“But not my leaping ability,” he said with a laugh.
Perhaps that talent belonged to his two sons, James and Charles, both of whom were coached by their dad in various youth sports and were named after two of the English kings.
James, 34 years old, is a captain in the U.S. Army Reserves who served active duty in Iraq, earning a Purple Heart award. A Hillsdale College alum and Michigan State University College of Medicine graduate, he now is completing his residency in general surgery in Columbus, Ohio. Thirty-year-old Charles, a University of Michigan alum, works in business development for the Walt Disney Co. in Orlando while also pursuing an MBA from U-M.
Markman and his wife have been “blessed,” he said, with four grandchildren, ranging in age from one to five.
“Our family brings my wife and I great joy,” said Markman, who figures in retirement to perhaps have time for one more learning experience.
Babysitting.
“A real possibility,” he said.
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