Unusual move by judge allows Snyder to pick replacement

By Ed White
Associated Press

DETROIT (AP) — A judge on the Michigan appeals court is resigning four hours before his term ends on Jan. 1, an unusual move that allowed Gov. Rick Snyder to pick a successor and trump a law that calls for reducing the size of the court and saving money.

Judge Donald Owens couldn’t run for re-election on Nov. 8 because of age limits in the state Constitution. His seat wasn’t even on the ballot because his mandatory retirement triggered a law that eliminates it.

But in an October letter to Snyder, Owens said he plans to quit at 8 a.m. on Jan. 1 — four hours before his term officially expires, said Ari Adler, the governor’s spokesman.

That gave Snyder the power to pick a successor, despite the law downsizing the court, Adler said Tuesday.

The Republican governor announced he’s appointing Brock Swartzle, who is chief of staff and general counsel to the Republican-controlled state House. He’ll face election in 2018.

“The governor has the authority to fill a seat if a vacancy occurs. ... With the appointment, the seat is not vacant and therefore does not disappear,” Adler said.

Owens, 72, has served on the appeals court since 1999. In an interview, he said he decided to resign before his term ends so Snyder could at least have the option to pick a successor.

Under a 2012 law, the court eventually would be cut to 24 judges when incumbents don’t seek re-election. There are 27. Reducing the number of judges around the state based on caseloads has been a priority of Supreme Court Chief Justice Robert Young Jr.

Owens said his resignation isn’t a “protest” against the law.

“With fewer judges to handle the caseload, it’s going to take longer to decide cases,” he said. “I thought it was the best thing to do for the people of the state.”