Elizabeth Weaver
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Elizabeth A. Weaver is a justice on the Michigan Supreme Court. Justice Weaver's term expires January 1, 2011. At one point in 2005, having won her re-election bid in 2002, Justice Weaver announced that she would be stepping down from the bench despite being only 25 months into an eight-year term. However, she reneged, and remains a current member of the Court.[1]
Legal background
Justice Weaver attended undergraduate school at H. Sophie Newcomb College, receiving her bachelor's degree, Phi Beta Kappa, in 1962. She earned her law degree from Tulane University in 1965, served as an editor of the Tulane Law Review, received the Order of the Coif, and served as law clerk for Judge Oliver Carriere of the Louisiana Civil District Court.
Justice Weaver began her law practice in Louisiana, but moved it to Michigan in 1973. Elected Leelanau County probate/juvenile judge in November 1974, she was re-elected to six-year terms in 1976 and 1982, serving through January 1, 1987. In 1986, Justice Weaver was elected to the Michigan Court of Appeals, 3rd District, for a six-year term, and was re-elected in 1992. She was elected to the Michigan Supreme Court in 1994 and served as Chief Justice from 1999-2000. She was reelected in 2002.
Justice Weaver was appointed to the Michigan Commission on Criminal Justice by Governor William Milliken; to the Michigan Committee on Juvenile Justice by Governors James Blanchard, John Engler, and Jennifer Granholm. She was also appointed to chair the Governor's Task Force for Children's Justice and the Trial Court Assessment Commission by Governors Engler and Granholm.
Awards and civic activities
Judge Weaver has served as chair of the State Bar of Michigan Juvenile Law Committee and as president of the Top of Michigan Probate and Juvenile Judges Association. She has served on the National Council of Juvenile and Family Judges and as secretary of the Probate and Juvenile Judges Association of Michigan. Justice Weaver's honors and awards include being selected as one of five "Outstanding Young Women in Michigan" by the Michigan Jaycees and as one of "Thirty Outstanding Women in Michigan" by the Michigan Womens' Commission. In 1999, she was named "Jurist of the Year" by the Police Officers Association of Michigan. In 2000, she received the "Michigan Champions in Childhood Injury Prevention: Lifetime Dedication to Children Award"; also in 2000, Justice Weaver was honored by Governor Engler and the Family Independence Agency for outstanding service to the children and families of Michigan. The Michigan Association of Drug Court Professionals honored her in February 2002 for her exceptional service to and support of Michigan 's drug courts. In 2003, she was recognized as an "Outstanding Woman in Leadership and Learning" by Ferris State University . She has been featured in People magazine and on ABC's "Good Morning America" on juvenile justice issues. [2]
Political affiliation
A Republican known to occasionally vote with her Democratic bench-mates, Weaver ran as a non-partisan candidate (per Michigan's method of judicial selection) in her 2002 re-election bid. She received $281,079 in contributions, the bulk of which came from the real estate sector, lawyers and lobbyists, and retired persons.[3]
Judicial philosophy
Kwame Kilpatrick case
In 2008, criminal charges (including perjury and a smattering of felonies) were brought against Detriot Mayor Kwame Kilpatrick. Wayne County Prosecutor Kym Worthy at one point tried to remove Detroit's entire 36th District Court bench from hearing the charges, but was turned down by the Michigan Court of Appeals. Worthy argued the judges of the city's court were too close to Kilpatrick and his associates. At the time, at least two of the court judges expected to be called as witnesses in Kilpatrick's case and others, including the judge assigned to the case, have personal or political ties to the mayor. Having been turned down by lower courts, Worthy appealed to the Michigan Supreme Court, who refused to reverse the lower court's decision. However, Justice Weaver said she disagreed with the court's majority who said it was "not persuaded that the question presented (by Worthy) should be reviewed by this court."[4]
Habitual sentencing
In July of 2008, a divided Michigan Supreme Court struck down years of precedent and ruled that criminals can be sentenced as habitual offenders if their felonies stem from the same criminal act. Four justices voted to overrule 1987 and 1990 cases in which the court said convictions arising from one criminal incident shouldn't be counted more than once to give defendants habitual offender status. They cited the plain language of state law.
"Michigan's habitual offender laws clearly contemplate counting each prior felony conviction separately," wrote Justice Maura Corrigan, who was joined by Clifford Taylor, Stephen Markman and Robert Young.
Dissenting Justices Michael Cavanagh and Marilyn Kelly said lawmakers intended the law to give harsher sentences to continual criminals. "When there are two plausible meanings, the more lenient should apply when years of a person's life are at stake," Cavanagh said. "The majority isolates a statute outside its clear statutory scheme to arrive at the harsher result." Justice Elizabeth Weaver agreed with the result of the decision but didn't join the majority's reasoning.[5]
Judicial campaigns
“I am certainly supportive of the Michigan Campaign Finance Network's efforts for much needed reforms for campaign finance in the selection process for Michigan Supreme Court Justices.” [6]
External links
- Elizabeth A. Weaver Campaign Website
- Melinn: State Supreme Court justice’s theatrics bury valid point
- NYT: Unfettered Debate Takes Unflattering Turn in Michigan Supreme Court
- Judge Weaver's Letter of Dissent to Election of Chief Justice Clifford Taylor as Chief Justice
- Court rules against firefighter unions
- Michigan Supreme Court Rules Marriage Amendment Bars Partner Benefits
- Supreme Court unanimously backs release of documents
- Michigan Supreme Court: Elizabeth Weaver
- Weaver reappointed to Michigan Committee on Juvenile Justice
- Michigan Women's Hall of Fame
- Project Vote Smart
- Weaver stepping down
References
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