Tuesday, October 15, 2024

Michigan Judge Accepted Donation From Secretary Of State While Considering Her Appeal

 A Michigan State Supreme Court justice accepted an $82,500 donation earlier this year from a PAC tied to Michigan Secretary of State Jocelyn Benson, at a time when the seven-member Supreme Court was deciding an appeal filed by Benson.

The Hall of Justice building in downtown Lansing, Mich., on Aug. 17, 2018. The building is home to the Michigan Supreme Court. Shutterstock

The campaign committee for State Supreme Court Justice Kyra Harris Bolden reported receiving the donation on May 17, 2024. The source of the donation, Legacy PAC, was founded and operated by Benson. Campaign finance reports show that an $82,500 donation was given on April 26, 2024, to the Keep Kyra Harris Bolden for Justice committee.

At the time, Bolden sat on the seven-member bench deciding an appeal Benson filed on Nov. 30, 2023.

On Aug. 28, 2024, Bolden filed the 5–2 majority opinion that granted Benson’s appeal. Republican election integrity advocates believe the decision will eliminate effective oversight of the conduct of elections by poll challengers.

The state Supreme Court ruling overturned a decision by the Michigan Court of Claims, and a subsequent 3–0 Michigan Court of Appeals ruling upholding the lower court’s decision, that Benson’s restrictive guidance regarding poll challengers violated state law and, therefore, had to be modified.

Benson’s loss in the Michigan Court of Appeals was the sixth legal defeat since 2020 involving her administration of statewide elections.

Calls for an Ethics Probe

On Oct. 1, election integrity activist Braden Giacobazzi and former state Sen. Patrick Colbeck, both Republicans, sent a formal request for an investigation of Bolden to the Judicial Tenure Commission, a panel that oversees the conduct of judges.

Giacobazzi and Colbeck asked the commission to look into the propriety of the Michigan Legacy PAC campaign donation.

Bolden, a Democrat, is a former state representative and criminal defense attorney from the Detroit area. She ran unsuccessfully for a seat on the Michigan Supreme Court in November 2022.

Just weeks after that election, Bolden was appointed by Gov. Gretchen Whitmer, a Democrat, to serve for a portion of the unexpired term of retiring Justice Bridget McCormack, a Democrat.

Bolden is running in the upcoming Nov. 5 election to retain her position until Jan. 1, 2029.

Democrats currently control the state Supreme Court 4–3.

In a statement on X, Colbeck posted the complaint which alleged that Bolden’s acceptance of the $82,500 campaign contribution from a defendant in a case that was currently before the court “has all the indications of a bribe intended to influence the decision of the court.”

The Michigan Code of Judicial Conduct states that a judge should uphold the integrity and independence of the judiciary, avoid impropriety and the appearance of impropriety in all activities, and perform duties impartially.

Bolden’s office referred inquiries to the spokesman for the Michigan Supreme Court, John Niven, who declined to comment.

On Oct. 11, Colbeck also submitted a request for an investigation of Benson, who is a lawyer, to the State of Michigan Attorney Grievance Commission, a group that oversees the ethics of lawyers.

In his request for investigation, Colbeck alleged Benson’s campaign donation to a Michigan Supreme Court Justice at a time when the court had a lawsuit with Benson as a defendant before it “constitutes a serious ethics violation and misconduct as a member of the Michigan Bar Association.”

Colbeck alleged that Benson’s “repeated violations” of MCR 9.104(3) and American Bar Association Rule 8.4: Misconduct, which seeks to maintain the integrity of the legal profession, were sufficient grounds to warrant her disbarment.

Under Michigan Court Rules 9.104(3), an attorney may be disciplined for conduct that is “contrary to justice, ethics, honesty or good morals.”

Benson did not respond to a request for comment.

The Michigan Legacy PAC could not be reached by phone or email. Its website lists a Detroit P.O. Box as the PAC’s address.

The website said, “Our goal at Michigan Legacy PAC is to keep working and fighting together to ensure we build the infrastructure necessary to win the battle for democracy.”

https://www.zerohedge.com/political/michigan-judge-accepted-donation-secretary-state-while-considering-her-appeal

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