Elections for appeals court, JTC vacancy combined

BridgeTower Media Newswires
 
The Judicial Tenure Commission recently lost a key member with the passing of Court of Appeals Judge Karen Fort Hood.

Now, the Michigan Supreme Court has announced it will combine the replacement election for Judge Fort Hood and the election for the Court of Appeals member of the Judicial Tenure Commission, whose term begins Jan. 1, 2022.

In other words, the newly elected member will serve the remainder of Judge Fort Hood’s term as well as new term that starts Jan. 1, 2022.

Judge Fort Hood was serving as chairperson in her fifth year on the JTC, and had planned to continue her service when she died. She was the only appellate judge whose term was set to expire this year who had already been nominated by her peers.

Because Judge Fort Hood’s death occurred in the midst of the election process — after her nominating petitions were submitted but before the election was held — MCR 9.210 and Administrative Order No. 1991-7 would ordinarily require both a replacement election for the remainder of her current term as well as an election for a new member for a term beginning Jan. 1, 2022.

However, AO 1991-7 also contemplates that different timing might be necessary in filling a vacancy.

The replacement term will begin when the winning candidate is notified by the State Court Administrator. MCR 9.210 and Administrative Order No. 1991-7 are suspended for this single combined election event to the extent that they are inconsistent with the procedures set forth in this new order.

The State Court Administrator will send a notice and nominating petition by email to all Court of Appeals judges who are eligible to vote for the commissioner position to be filled. Nominating petitions must be filed at the office of the administrator in Lansing before Friday, Oct. 1.

If there is more than one nominee, the state court administrator will email a ballot to every judge eligible to vote for the Court of Appeals commission seat.

A ballot will not be counted unless it is received marked and returned in a sealed envelope addressed to the office of the state court administrator in Lansing with a postmark no later than Friday, Oct. 22.

Judges also can email their ballots to rewertst@courts.mi.gov no later than Oct. 22, by 5 p.m. Each ballot received by email will be acknowledged.

Following the election process, the administrator or designee shall certify the count to the Supreme Court Clerk by Nov. 1.

According to the high court, MCR 9.210 and AO No. 1991-7 remain in effect in all other respects, and the election for circuit judge commissioner will be done according to normal procedure.

The Judicial Tenure Commission is made up of nine members: judges who are elected by fellow judges; attorneys who are elected by fellow attorneys; and members of the general public, who are appointed by the governor.



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