Diane Hathaway

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Diane Marie Hathaway is a justice of the Michigan Supreme Court. Hathaway was a former Wayne County (Michigan) Circuit judge. She was elected to the Court of Appeals on November 4, 2008^[1] and took office in January of 2009. Her term expires January 1, 2017.

Judge Hathaway was denied a spot on the Michigan Court of Appeals in 2006, finishing third behind two incumbent judges; however, she went on to retain her current circuit court seat.^[2]In that year, Hathaway was endorsed by the Muslim Community PAC, and the United Auto Workers.^[3][4][5]

On September 6, 2008, the Michigan Democratic Party, in a hard-fought convention floor battle, nominated Judge Hathaway over Judge Deborah Thomas to take on Justice Clifford Taylor.^[6] Hathaway garnered 1,650 delegates compared to 1407 for Thomas. The Party nominee ran on the campaign slogan "Vote all the way, vote Hathaway."^[7]

During her acceptance speech, Judge Hathaway told delegates, "I love the state of Michigan. I love her people and I love her environment. Our Republican-dominated Supreme Court is hurting you both.^[8]

2008 election results

Diane Hathaway defeated Clifford Taylor on November 4. Hathaway garnered 1,852,950 votes (49.3%) to Taylor's 1,483,668 votes (39.5%). Libertarian candidate Robert Roddis won 420,823 votes, or 11.2% as of the final certification of results on December 30, 2008 after an initial recount was initated.^[9]. ^[10] Hathaway became the first challenger to defeat a sitting Chief Justice in the history of the court.^[11]

See the article entitled Michigan Supreme Court elections for more information.

Legal background

Hathaway has served as a Wayne County Circuit Judge since 1993. From 1987-1993, she worked as a former assistant prosecutor in Macomb County.^[12] In 1983 Hathaway obtained a B.S. in Applied Health from Madonna College. She received her J.D. from Detroit College of Law in 1987.^[13]

Judicial philosophy

According to a 2006 Arab American Political Action Committee newsletter, Judge Hathaway's judicial philosophy includes the following highlights (Judge Hathaway successfully retained her Circuit Court seat that year):^[14]

[Judge Hathaway] believes that warrantless wire- tapping is illegal. She believes that too many of our constitutional rights are being compromised by our government. ... On the Court of Appeals, Judge Hathaway will follow the law and not allow racial profiling and illegal search and seizures. She believes that everyone should have equal access to the courts and if a litigant doesn't understand English, they should be provided with an interpreter.

MLW Interview

Judge Hathaway gave an interview to Todd Berg of Michigan Lawyers Weekly on October 27, 2008, during which she touched somewhat on her judicial philosophy.

"Of Supreme Court justices, past and present, Hathaway said that, if elected, she envisions her judicial philosophy most closely resembling that of former U.S. Supreme Court Justice Sandra Day O'Connor or current Michigan Supreme Court Justice Marilyn Kelly. O'Connor was known as a moderate and frequent swing vote on the U.S. Supreme Court, while Kelly, a frequent and impassioned dissenter, is viewed as one of the Michigan Supreme Court's liberal justices. 'Their opinions are always well-thought out,' Hathaway said of O'Connor and Kelly." ^[15]

Judge Hathaway was open and candid in the interview, conceding that "...she has gaps in her knowledge about the record of Michigan Supreme Court Chief Justice Clifford W. Taylor. She said she doesn't know whether any of the 66 majority opinions that Taylor has authored since May 2001 have been overruled by the Michigan Supreme Court or reversed by the U.S. Supreme Court." According to the Berg article, the Michigan Supreme Court's web site lists none.

Notable judicial rulings

People v. Meconi (2008)

• In a criminal trial at the District Court, the victim was present in the courtroom for opening statements contrary to the stated rules of the court; the victim was instructed to remain in the courtroom by the appointed crime victims' advocate. The District Court declared a mistrial and precluded the victim from testifying at a new trial, which the State appealed to the Wayne County Circuit Court, Judge Diane Hathaway.

• The Circuit court reversed the District court's order excluding the testimony, stating that the order violated the victim's right to be present pursuant to Article 1, section 24 of the Michigan Constitution of 1963. The Circuit Court then reconsidered and vacated the order, leaving the victim's testimony excluded from trial. Upon appeal, the Court of Appeals REVERSED the Circuit Court, ruling that even if the victim did NOT have a right to be present for the entire trial (skirting the constitutional argument), the trial court erred by imposing such a severe sanction.

People v. Kimble (2004)

• Defendant was convicted in Wayne County Circuit Court (Judge Hathaway presiding) of second-degree murder and possession of a firearm in the commission of a felony. The Defendant appealed, and the Michigan Court of Appeals affirmed in part and reversed in part. The State appealed and the Supreme Court, which affirmed the Court of Appeals in that the scoring sentencing guidelines "offense variable" was applied in plain error, ruled that the defendant is entitled to resentencing.

• Defendant shot and killed the victim so he could steal the car she was driving for the car's wheel rims. Defendant was sentenced to consecutive prison terms of 30-70 years for 2nd degree murder and 2 years for a felony-firearm conviction. In determining a sentence, the Circuit Court incorrectly applied "offense variable 16" (M.C.L. section 777.22), which relates to home invasion, resulting in a minimum sentence exceeding the appropriate guidelines. Justice Cavanaugh authored the opinion (joined by Justices Kelly, Taylor and Markman); Justice Weaver concurred in part and dissented in part (joined by Justices Corrigan and Young), and would have affirmed the defendant's sentence.

Conviction of priest overturned

In 2003, Judge Hathaway sentenced Reverend Edward Olszewski for abusing a youth at St. Cecilia parish in Detroit in the 1970s. However, the Michigan Supreme Court decided in December of 2005 to overturn the conviction (by jury), stating that Olszewski "was deprived of an impartial jury" since one of the jurors had failed to state that she was a victim of sexual abuse. Hathaway had sentenced the priest to three years probation.^[16]

Hit-and-run drunk driver

On October 22, 2007 Judge Hathaway sentenced William Floyd Craner to 13 1/2 to 30 years in prison for killing a motorcyclist in a hit-and-run case. At the time of the accident, Craner's blood alcohol level was .19, more than twice the state's legal limit of .08. As part of a plea-bargain agreement, Craner pleaded no contest Oct. 5 to second-degree murder. Through the agreement, charges of manslaughter with a motor vehicle, a 15-year felony, and fleeing and eluding-first degree were dropped.^[17]

Rules against Disney

Judge Hathaway ruled against Walt Disney's Theatrical Productions Ltd. arm in 1997, saying the company had violated the state's Consumer Protection Act when they ran ads stating that kids could attend the (Michigan) Masonic Temple showing of the then-popular Beauty and the Beast for free.^[18]

2008 election campaign

Fundraising

Through October 24, Hathaway's campaign committee had raised $271,145. Her opponent, Cliff Taylor, raised a record-setting $1.7 million through the same time. However, campaign expenditures by independent groups, political parties and PACs are not included in the figures reported by the specific election campaign committees for each candidates.^[19],^[20],^[21].

Hathaway on individual rights

In a stump speech in front of the Kalamazoo Democrats, Judge Hathaway implied that the current Michigan Supreme Court, with Clifford Taylor at the helm, makes rulings that deny individual rights and is only concerned with ruling in favor of the wealthy and powerful. She also said that the state needs justices who will be fair and impartial.

Excerpt: "Cliff Taylor does not deserve to be on our Supreme Court....He changes the law, he doesn't follow precedent. He continuously rules for the insurance companies because that's who's going to support his campaign....But we are going to expose him for what he really is....Of course, he was an Engler appointee. What else do I need to say?...But he does not support women, he does not support individual rights, he does not support civil rights, he is against everything that we stand for...he really belongs in the hall of shame."^[22]

2008 Democratic convention

During the 2008 Democratic Convention, Judge Hathaway received the Democratic nomination to challenge Chief Justice Clifford Taylor for his spot on the Michigan Supreme Court. After accepting the nomination, the following campaign ad ran:

Announcement of Candidacy

Judge Hathaway, a 15-year Wayne County Circuit judge, announced on September 2, 2008 that she is a candidate to run for the Michigan Supreme Court against Chief Justice Clifford Taylor. Hathaway hinted at a tough campaign by calling Taylor "a walking conflict of interest." She said he "has built a reputation of protecting wealthy corporations and special interests at the expense of middle-class families."

Hathaway successfully sought the Michigan Democratic Party nomination at the party's state convention on September 6 in Lansing. Taylor's candidacy was ratified by the Michigan Republican Party during its state convention in Novi on Aug. 23. Hathaway, endorsed by the United Auto Workers, AFL-CIO and Michigan Education Association, pledged to be "very financially competitive in this race," but declined to estimate how much it could cost.^[23]

External links

• State Dems nominate slate, razz GOP
• Dems pin top-court hopes on Hathaway
• Priest gets probation in molestation
• Taylor enters court race as Democratic target
• Conference between Zorkot, judge could determine if case goes to trial
• Home invasion thief arrested

References

v • d • e Michigan Supreme Court Current Chief: Kelly • Cavanagh • Corrigan • Hathaway • Markman • Weaver • Young Former Edwards • Cooley • McAllister