By Julie Freer
Legal News
In 2006, former Michigan Governor Jennifer Granholm appointed Judge David Murkowski as a Kent County Probate Court judge to fill the vacancy created by the retirement of the Hon. Janet A. Haynes. In December 2007, the Michigan Supreme Court then appointed him chief judge. This fall, Murkowski will seek re-election for a six-year term as probate judge in the November 3 general election.
During his 20 years on the bench in Kent County, Murkowski has been involved with a variety of judicial organizations, including serving as a board member of the Michigan Probate Judges Association (MPJA) for six years, culminating in his election as president in 2017. Today, Murkowski continues to serve as a committee chair and liaison between the Probate and Estate Planning Council and the MPJA.
“The men and women who serve on the probate bench work daily to serve the old, the disabled, the young, the vulnerable, and the dying,” says Murkowski. “That is our fulfillment. Much of the work is unnoticed and unheralded. I can find strength, fortitude, guidance, friendship and comfort through my MPJA colleagues.”
The Journey to the Bench
Growing up in Milwaukee, Murkowski was interested in law and government from a young age. He served on student council throughout high school and was elected class president his senior year.
“The father of one of my best friends in high school was prominent labor attorney in Milwaukee. He was a compelling individual and I was truly drawn to him and his work,” Murkowski recalls.
After graduating cum laude from Marquette University in Milwaukee in 1979, Murkowski considered both a law degree and a master’s in public administration. When he discovered Cooley Law School had a trimester class structure, “I packed my bags, and never looked back,” he says. He graduated from Cooley Law School with honors in 1983.
Murkowski served as law clerk to the Michigan House of Representatives Civil Rights Committee, and worked as a solo practitioner in Grand Rapids until 1993 when he joined the law firm of Dilley & Dilley where he specialized in criminal defense, juvenile neglect and delinquency, and probate law.
“I absolutely loved litigation and all the myriad challenges that come with the process,” he says. “Litigation brings with it a weighty responsibility. Stakes can be high. Sometimes you hold a client’s freedom in your hands. Every case is a challenge to secure the best possible result for your client. There is great joy and exhilaration in winning, and sadness and disappointment when you fail.
“I was fortunate to be surrounded by wonderfully brilliant law partners who served as my sounding board, plotters, and co-conspirators on cases, providing different perspectives on case issues,” he adds. “Each were a source of support and encouragement. That camaraderie is diminished with judicial service. Judicial work is more isolating, more individual.”
Judicial Service and Philosophy
In addition to his work with the MJPA, Murkowski also served as a member of the Probate and Estate Planning Section of the State Bar of Michigan for six years, and was a judicial representative on the Michigan Trust Code Committee, which modernized outdated statutes covering trust creation, modification and administration. The Michigan Trust Code became effective in April of 2010.
“I was surrounded by the best and the brightest in the profession as we created the first comprehensive code governing the law of trusts,” says Murkowski. “I truly was struck by the scholarship, insight, and thoughtfulness the committee members brought to the discussion, particularly Mark Harder, who chaired the Michigan Trust Code Committee. His orchestration of this five-year drafting process was masterful. Lifelong friendships were forged in this work and continue.”
When asked his judicial philosophy, Murkowski says, “Love the law. Learn the law. Apply the law as it is written. Show up for work every day. Read every pleading. Engage your colleagues and co-workers. Listen. Think outside the box. Demand excellence from attorneys. Do not suffer the ill-prepared gladly.”
When it comes to handling the high tension of family disputes, Murkowski says the court should establish the tone of the proceedings.
“Be civil,” he says. “Sometimes it is necessary and wise to explain to the litigants and participants basic courtroom procedure and etiquette before the commencement of the trial. What we consider at court to be routine and familiar may be new and bewildering to a litigant. In contested litigation, I often order mediation. Mediation provides an opportunity for litigants to resolve their disputes themselves under the guidance of a trained mediator and without the formal rigors of a trial.”
The Growing Need for Guardianship
During his time on the bench, Murkowski has seen the need for guardianships and conservatorships beginning earlier in life and continuing for longer periods of time. According to the U.S. Census Bureau, as of 2024, some 61 million people in the United States are over the age of 65. An estimated 6 million Americans within that age bracket are living with some form dementia.
“Our aging Baby Boomers, coupled with a growing mental health and drug abuse crisis, underscore the growing need for guardianship and conservatorship,” says Murkowski.
Three proposed Michigan House Bills - 4727, 4728 and 4729 - would aim to regulate professional guardians and conservators by creating a licensure system. Murkowski, while not opposed to the training or certification of guardians, has voiced concerns over the proposed legislation, including the cost of training and how to implement it, as well as imposing new burdens and responsibilities exclusively on professional fiduciaries.
“The irony here is that up to 70 percent of all theft or exploitation is committed by family members, yet the legislation was focused on professional fiduciaries,” Murkowski notes. “Theft and exploitation are unacceptable regardless of who the perpetrator is. Education, stiffer penalties for exploitation, appropriate funding for guardianship services are all needed. There is no simple fix.”
Murkowski recalls a case where, through the work of an appointed public guardian, a man was able to turn his life around after years of struggling with alcoholism and homelessness.
“After years of frustration with his behavior, his family had had enough and turned from him,” says Murkowski. “A guardianship was filed by Adult Protective Services and a public guardian was assigned to serve him. There was no easy or simple fix here. Treatment was initiated for his alcoholism, perhaps more than once. Disability benefits were then established by the guardian. Stable housing followed. Treatment continued.
Secondary services were secured. Long-term sobriety was sustained. And yes, finally the individual was reintroduced to his family and those familial ties reestablished. Guardianship was terminated. That is a success story!”
In 2024, the Michigan Guardianship Association recognized Murkowski as Jurist of the Year, acknowledging his expertise in probate and trust law.
“Judge Murkowski’s work extends well beyond the docket. He is a passionate educator who regularly lectures to colleagues and practitioners and works to improve and deliver quality training and education to professional fiduciaries,” says MGA board member Steve Burnham.
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