March 4, 2008, Introduced by Reps. Meadows, Alma Smith, Condino, Scott, Meisner, Coulouris, Johnson, Bauer, Warren, Constan, Vagnozzi, Brown, Polidori, Hammel, Espinoza, Accavitti, Hopgood, Sheltrown, Byrnes, Wojno, Cheeks, Miller, Lemmons, Melton, Mayes, Bennett, Gonzales, Robert Jones, Donigan, Clack, Gillard, Bieda, Simpson, Hammon, LeBlanc, Spade, Corriveau, Kathleen Law, Dean, Tobocman and Leland and referred to the Committee on Judiciary.
A joint resolution proposing an amendment to the state
constitution of 1963, by adding section 31 to article VI, to
clarify the circumstances under which a justice of the supreme
court must disqualify himself or herself.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to clarify the circumstances under which a
justice of the supreme court must disqualify himself or herself, is
proposed, agreed to, and submitted to the people of the state:
ARTICLE VI
Sec. 31. (1) A justice of the supreme court shall disqualify
himself or herself in any proceeding in which his or her
impartiality might reasonably be questioned, including, but not
limited to, the following circumstances:
(a) The justice has a personal bias or prejudice concerning a
party or a party's lawyer, or personal knowledge of facts that are
in dispute in the proceeding.
(b) The justice knows that he or she, or person related to the
justice, is any of the following:
(i) A party to the proceeding, or an officer, director, general
partner, managing member, or trustee of a party to the proceeding.
(ii) Acting as a lawyer in the proceeding.
(iii) A person who has more than a de minimis financial interest
that could be substantially affected by the proceeding.
(iv) Likely to be a material witness in the proceeding.
(c) The justice knows that he or she, individually or as a
fiduciary, or the justice's spouse, domestic partner, parent, or
child, or any other member of the justice's family residing in the
justice's household, has an economic interest in the subject matter
in controversy or in a party to the proceeding.
(d) The justice, while a judge or a judicial candidate, has
made a public statement that commits or appears to commit the
justice to reach a particular result or rule in a particular way in
the proceeding or controversy.
(e) The justice served as a lawyer in the matter in
controversy, or was associated substantially as a lawyer in the
matter during such association.
(f) If the proceeding is one in which a governmental entity is
a party, the justice served in governmental employment, and in that
capacity he or she participated personally and substantially as a
lawyer or public official concerning that particular proceeding or
publicly expressed an opinion regarding the particular matter in
controversy.
(g) The justice was a material witness concerning the matter.
(h) The justice previously presided as a judge over the matter
in another court.
(2) A justice shall keep informed about the justice's personal
and fiduciary economic interests and shall make a reasonable effort
to keep informed about the personal economic interests of the
justice's spouse or domestic partner and minor children residing in
the justice's household.
(3) As used in this section, "person related to the justice"
means any of the following:
(a) A justice's spouse or domestic partner.
(b) A person within the third degree of consanguinity or
affinity to the justice or the justice's spouse or domestic
partner.
(c) The spouse or domestic partner of a person described in
subdivision (b).
(4) The legislature shall implement this section by law.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.