By Ben Solis
Gongwer News Service
After nearly a decade on the Supreme Court and two terms serving as its leader, Chief Justice Elizabeth Clement announced Wednesday that she will resign from the bench in the next few months.
Clement in a news release said she notified Gov. Gretchen Whitmer that she plans to step down no later than April 30. That would give Whitmer a chance to nominate her successor, and potentially make the bench a 6-1 majority for the Democratic Party. Clement was one of two remaining justices nominated by the Republican Party, and her exit will leave Justice Brian Zahra as the court’s sole conservative voice.
“Leading our state’s highest court has been an opportunity to continue a proud record of independence, fairness, and commitment to the rule of law,” Clement said in a statement. “I am thankful to my colleagues for their support and friendship, as well as for their willingness to seek common ground in serving the people of Michigan.”
It is unusual, but not unheard of, for a justice nominated by the opposite party of the governor to resign and allow the governor to flip a seat with a replacement choice.
The late Justice Elizabeth Weaver as estranged from the Republican Party when she resigned late in the second term of Democratic Gov. Jennifer Granholm and allowed Granholm to appoint a successor. Former Justice Conrad Mallett angered a number of Democrats when he resigned in the 1990s and allowed then-Gov. John Engler to name a replacement, which was Robert Young Jr.
Clement praised the State Court Administrative Office and said it has “consistently made it clear that no one works harder in the fight to make our justice system more efficient, more accessible, more transparent, more accountable, and more data driven.”
“I am especially proud of the work we have done to increase our capacity to collect and analyze data by connecting local trial courts to a statewide system,” she said. “At the same time, our efforts to support implementation of juvenile justice reform will ultimately make sure every youth who needs help can get the support they need to succeed.”
Clement added that SCAO during her time on the bench has become a “force for good toward achieving our shared goal of a justice system that works better for everyone.”
The chief justice could not be reached for a comment on Wednesday and did not respond to a request for an interview at the time of publication.
Clement did not indicate what her immediate next steps were but said she will “continue working to find ways to bring people together, to put data to work, and to make a difference in the lives of people so that interactions with our justice system result in safer communities and stronger families.”
The National Center for State Courts on Wednesday announced on social media that Clement was appointed to be its next president.
“Beth is an outstanding generational leader and an ideal President for NCSC to drive innovation and progress in our state courts and justice systems,” said Indiana Chief Justice Loretta Rush, chairperson of the presidential search committee, in a statement. “She has worked as a problem-solver in every branch of government and has significant experience with state court administration. Besides tackling many important initiatives as chief justice of Michigan, Beth previously served as deputy chief of staff, cabinet secretary, and chief legal counsel to Governor Rick Snyder in the executive branch, as well as policy advisor and legal counsel to the Michigan Senate majority in the legislative branch. She is known for her bipartisanship. The Board is confident that Beth will lead NCSC into a new era as we continue to improve access to justice for all.”
Clement in a statement released by the NCSC said she was honored to serve as NCSC’s next president.
“As a witness to NCSC’s important initiatives, I am excited to work with the organization’s talented team to extend the reach of its critical work,” Clement said. “I look forward to building on NCSC’s strong services as we strengthen judicial systems across the country and the world, enhancing accessibility, transparency, and efficiency.”
Whitmer in a statement said Clement has been a dedicated public servant for almost two decades and served the people of Michigan admirably in all three branches of state government.
“Throughout her distinguished tenure on the Michigan Supreme Court, Chief Justice Clement was an independent minded jurist who upheld the rule of law, protected our constitutional values, and stood strong for the principles of justice,” Whitmer said. “Notably, she cemented equal protections for all Michiganders in state law regardless of who they love when she authored Rouch World v Department of Civil Rights, which held that the state’s Elliott-Larsen Civil Rights Act prohibited discrimination on the basis of sexual orientation.
Whitmer also praised her work as chief justice for the past few years.
“She was an incredible leader who ensured our highest court functioned well and led landmark decisions that made a real difference in people’s lives. As governor and as a Michigander, I am grateful to her for her service,”
Whitmer said. “We will ensure a smooth transition for Chief Justice Clement and take action to appoint her replacement after a thorough review.”
Clement was appointed to the high court in 2017 by Gov. Rick Snyder and elected to a full term in the 2018 general election. Clement had been Snyder’s legal counsel in the Executive Office and had worked her way up through the ranks in Republican politics. Clement worked for then-Senate Majority Leader Mike Bishop (R-Rochester) and she was a policy advisor in the Senate Majority Policy Office. Prior to that she had her own legal firm.
Although she was nominated by the Republicans, Clement consistently bucked party-line thinking as an independent-minded jurist.
During the 2018 nomination process, Clement drew the wrath of her party’s activists over two rulings: she held school districts have the legal authority to regulate firearms on school campuses and that the proposal to change redistricting and prohibit gerrymandering met legal muster to go on the November ballot. In both cases, Clement joined with another Snyder appointee to the court, Justice David Viviano, as well as the court’s two justices nominated by the Democratic Party, Justice Richard Bernstein and the former Justice Bridget McCormack.
At the party’s convention that year, Clement and former Justice Kurtis Wilder were running as incumbents. Neither needed their party’s nomination to appear on the ballot, so it was more of a formality. Wilder was greeted with cheers while Clement was booed. Former House speaker and then-convention chair Jase Bolger had to gavel down the crowd and close the nomination as “nays” flooded the hall over the “ayes.”
Clement was eventually nominated and won the race. Wilder, on the other hand, did not.
The justice stayed on the court through multiple ideological shifts. When she was appointed and won reelection, Clement was part of a 4-3 Republican majority court. She’s leaving it during a 5-2 majority, which will soon become a 6-1 majority once Whitmer identifies and appoints her replacement.
Still, Clement routinely acted as a sort of wildcard on the bench, often siding with her Democratic colleagues to form a majority against her fellow Republicans. In other instances, she held firm with her Republican colleagues to form a minority in decisions that saw Democrats band together in majority decisions.
Clement told Gongwer News Service in an interview from 2023 that independence was at the core of who she was.
“I think I have a reputation from when I was in the Legislature and when I was working in the executive branch of being open minded and being a listener more than a talker. Someone that wanted all of the information, wanted to hear every voice, and take all of that in and make really thoughtful decisions and recommendations,” Clement said. “And I brought that experience with me to the court starting day one as a justice. … I had never been a judge before, but I think the experience that I had prior to that really made it a transition that that felt natural. At bottom, the role of the judiciary is to be independent.”
The situation is also interesting for Whitmer because there are also two vacancies on the Court of Appeals: Both Judge Mark Cavanagh and Judge Jane Markey have resigned, and the Court of Appeals website lists both of them as retired. Both were serving terms that expired after the 2026 election and both were ineligible to run because of the constitutional prohibition on people running for judge once they turn 70.
Cavanagh was appointed to the bench by former Gov. Jim Blanchard, making his decision to depart and allow a Democratic governor to choose a successor unsurprising. However, Markey is a conservative – she was once nominated by the Michigan Republican Party for the Supreme Court – making her decision a surprise.
Whitmer will be able to place three judges on benches before the 2026 elections, where each of her appointees will be able to run as incumbents – which get a special designation on voter ballots and gives at least some advantage to those with that tag.
It will be Whitmer’s second appointment to the Supreme Court and ninth and 10th appointments to the Court of Appeals, meaning Whitmer will have hand-picked 10 of the 25 judges on the appellate bench.
It is unclear at this moment whom Whitmer will appoint to fill all three roles.
What is clear that Republicans will now have to identify two candidates, nominate them and support them through 2026 to at least hold the line on the current 5-2 majority Democratic Party court or expand the minority to an even 4-3. Aside from whomever is appointed by Whitmer, Justice Megan Cavanagh is also up for reelection, although the latter has not made her intentions to seek reelection known.
As for potential candidates for the Supreme Court, the Republicans could look to their most recent nominees – Former Rep. Andrew Fink and Judge Patrick O’Grady – as potential candidates. Fink, however, has a job as the general counsel of the House Republican caucus, and may not be apt to get back into electoral politics any time soon.
Court of Appeals Judge Mark Boonstra also ran for the nomination in 2024. He was endorsed by President Donald Trump and lost in the nomination hunt, but his name recognition makes him an option to consider.
Gongwer News Service
After nearly a decade on the Supreme Court and two terms serving as its leader, Chief Justice Elizabeth Clement announced Wednesday that she will resign from the bench in the next few months.
Clement in a news release said she notified Gov. Gretchen Whitmer that she plans to step down no later than April 30. That would give Whitmer a chance to nominate her successor, and potentially make the bench a 6-1 majority for the Democratic Party. Clement was one of two remaining justices nominated by the Republican Party, and her exit will leave Justice Brian Zahra as the court’s sole conservative voice.
“Leading our state’s highest court has been an opportunity to continue a proud record of independence, fairness, and commitment to the rule of law,” Clement said in a statement. “I am thankful to my colleagues for their support and friendship, as well as for their willingness to seek common ground in serving the people of Michigan.”
It is unusual, but not unheard of, for a justice nominated by the opposite party of the governor to resign and allow the governor to flip a seat with a replacement choice.
The late Justice Elizabeth Weaver as estranged from the Republican Party when she resigned late in the second term of Democratic Gov. Jennifer Granholm and allowed Granholm to appoint a successor. Former Justice Conrad Mallett angered a number of Democrats when he resigned in the 1990s and allowed then-Gov. John Engler to name a replacement, which was Robert Young Jr.
Clement praised the State Court Administrative Office and said it has “consistently made it clear that no one works harder in the fight to make our justice system more efficient, more accessible, more transparent, more accountable, and more data driven.”
“I am especially proud of the work we have done to increase our capacity to collect and analyze data by connecting local trial courts to a statewide system,” she said. “At the same time, our efforts to support implementation of juvenile justice reform will ultimately make sure every youth who needs help can get the support they need to succeed.”
Clement added that SCAO during her time on the bench has become a “force for good toward achieving our shared goal of a justice system that works better for everyone.”
The chief justice could not be reached for a comment on Wednesday and did not respond to a request for an interview at the time of publication.
Clement did not indicate what her immediate next steps were but said she will “continue working to find ways to bring people together, to put data to work, and to make a difference in the lives of people so that interactions with our justice system result in safer communities and stronger families.”
The National Center for State Courts on Wednesday announced on social media that Clement was appointed to be its next president.
“Beth is an outstanding generational leader and an ideal President for NCSC to drive innovation and progress in our state courts and justice systems,” said Indiana Chief Justice Loretta Rush, chairperson of the presidential search committee, in a statement. “She has worked as a problem-solver in every branch of government and has significant experience with state court administration. Besides tackling many important initiatives as chief justice of Michigan, Beth previously served as deputy chief of staff, cabinet secretary, and chief legal counsel to Governor Rick Snyder in the executive branch, as well as policy advisor and legal counsel to the Michigan Senate majority in the legislative branch. She is known for her bipartisanship. The Board is confident that Beth will lead NCSC into a new era as we continue to improve access to justice for all.”
Clement in a statement released by the NCSC said she was honored to serve as NCSC’s next president.
“As a witness to NCSC’s important initiatives, I am excited to work with the organization’s talented team to extend the reach of its critical work,” Clement said. “I look forward to building on NCSC’s strong services as we strengthen judicial systems across the country and the world, enhancing accessibility, transparency, and efficiency.”
Whitmer in a statement said Clement has been a dedicated public servant for almost two decades and served the people of Michigan admirably in all three branches of state government.
“Throughout her distinguished tenure on the Michigan Supreme Court, Chief Justice Clement was an independent minded jurist who upheld the rule of law, protected our constitutional values, and stood strong for the principles of justice,” Whitmer said. “Notably, she cemented equal protections for all Michiganders in state law regardless of who they love when she authored Rouch World v Department of Civil Rights, which held that the state’s Elliott-Larsen Civil Rights Act prohibited discrimination on the basis of sexual orientation.
Whitmer also praised her work as chief justice for the past few years.
“She was an incredible leader who ensured our highest court functioned well and led landmark decisions that made a real difference in people’s lives. As governor and as a Michigander, I am grateful to her for her service,”
Whitmer said. “We will ensure a smooth transition for Chief Justice Clement and take action to appoint her replacement after a thorough review.”
Clement was appointed to the high court in 2017 by Gov. Rick Snyder and elected to a full term in the 2018 general election. Clement had been Snyder’s legal counsel in the Executive Office and had worked her way up through the ranks in Republican politics. Clement worked for then-Senate Majority Leader Mike Bishop (R-Rochester) and she was a policy advisor in the Senate Majority Policy Office. Prior to that she had her own legal firm.
Although she was nominated by the Republicans, Clement consistently bucked party-line thinking as an independent-minded jurist.
During the 2018 nomination process, Clement drew the wrath of her party’s activists over two rulings: she held school districts have the legal authority to regulate firearms on school campuses and that the proposal to change redistricting and prohibit gerrymandering met legal muster to go on the November ballot. In both cases, Clement joined with another Snyder appointee to the court, Justice David Viviano, as well as the court’s two justices nominated by the Democratic Party, Justice Richard Bernstein and the former Justice Bridget McCormack.
At the party’s convention that year, Clement and former Justice Kurtis Wilder were running as incumbents. Neither needed their party’s nomination to appear on the ballot, so it was more of a formality. Wilder was greeted with cheers while Clement was booed. Former House speaker and then-convention chair Jase Bolger had to gavel down the crowd and close the nomination as “nays” flooded the hall over the “ayes.”
Clement was eventually nominated and won the race. Wilder, on the other hand, did not.
The justice stayed on the court through multiple ideological shifts. When she was appointed and won reelection, Clement was part of a 4-3 Republican majority court. She’s leaving it during a 5-2 majority, which will soon become a 6-1 majority once Whitmer identifies and appoints her replacement.
Still, Clement routinely acted as a sort of wildcard on the bench, often siding with her Democratic colleagues to form a majority against her fellow Republicans. In other instances, she held firm with her Republican colleagues to form a minority in decisions that saw Democrats band together in majority decisions.
Clement told Gongwer News Service in an interview from 2023 that independence was at the core of who she was.
“I think I have a reputation from when I was in the Legislature and when I was working in the executive branch of being open minded and being a listener more than a talker. Someone that wanted all of the information, wanted to hear every voice, and take all of that in and make really thoughtful decisions and recommendations,” Clement said. “And I brought that experience with me to the court starting day one as a justice. … I had never been a judge before, but I think the experience that I had prior to that really made it a transition that that felt natural. At bottom, the role of the judiciary is to be independent.”
The situation is also interesting for Whitmer because there are also two vacancies on the Court of Appeals: Both Judge Mark Cavanagh and Judge Jane Markey have resigned, and the Court of Appeals website lists both of them as retired. Both were serving terms that expired after the 2026 election and both were ineligible to run because of the constitutional prohibition on people running for judge once they turn 70.
Cavanagh was appointed to the bench by former Gov. Jim Blanchard, making his decision to depart and allow a Democratic governor to choose a successor unsurprising. However, Markey is a conservative – she was once nominated by the Michigan Republican Party for the Supreme Court – making her decision a surprise.
Whitmer will be able to place three judges on benches before the 2026 elections, where each of her appointees will be able to run as incumbents – which get a special designation on voter ballots and gives at least some advantage to those with that tag.
It will be Whitmer’s second appointment to the Supreme Court and ninth and 10th appointments to the Court of Appeals, meaning Whitmer will have hand-picked 10 of the 25 judges on the appellate bench.
It is unclear at this moment whom Whitmer will appoint to fill all three roles.
What is clear that Republicans will now have to identify two candidates, nominate them and support them through 2026 to at least hold the line on the current 5-2 majority Democratic Party court or expand the minority to an even 4-3. Aside from whomever is appointed by Whitmer, Justice Megan Cavanagh is also up for reelection, although the latter has not made her intentions to seek reelection known.
As for potential candidates for the Supreme Court, the Republicans could look to their most recent nominees – Former Rep. Andrew Fink and Judge Patrick O’Grady – as potential candidates. Fink, however, has a job as the general counsel of the House Republican caucus, and may not be apt to get back into electoral politics any time soon.
Court of Appeals Judge Mark Boonstra also ran for the nomination in 2024. He was endorsed by President Donald Trump and lost in the nomination hunt, but his name recognition makes him an option to consider.
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