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MI Supreme Candidate McCormack Breaking RulesBy JGillman, Section News
Its a sickness. Something about being on the left that says "those rules aren't meant for me!"
Yesterday, the Michigan Republican Party filed a complaint against Bridget McCormack, a candidate for Michigan Supreme Court, for violating Judicial Canon 2, 5 and 7. McCormack was listed as a featured guest on the invites mailed out for last night's Kent County Democratic Gala. This is a problem. The Judicial Canons prohibit Supreme Court candidates such as McCormack from serving as the draw and as the featured guest for a partisan fundraiser. The invites clearly indicated a cost ranging between $75.00 to $1,000 and all checks to be made payable to the Kent County Democratic Party. Michigan Republican Party Chairman Bobby Schostak says: "This flagrant violation of the Judicial Canons raises serious questions, did Bridget McCormack purposely violate the Judicial Canons or is she ignorant of the responsibilities to run-for and serve on Michigan's highest court? Candidates for judicial office can appear at partisan events, however, they're prohibited from serving as the draw or listed as the special guest. Below the fold is a copy of the complaint filed with the Attorney Grievance Commission. A copy of the invite can be found here:
BEGINNING OF COMPLAINT
The Kent County Democratic Party and the Third Congressional District Democratic Committee hosted their 2012 Fall Gala the evening of September 20, 2012. Tickets to the Gala range from $75 per person, $750 for table hosts, and $1,000 for "Speakers Circle Table Hosts". Checks are payable to the "Kent County Democratic Party". The advertisements and invitations promoting the event encourage participating donors to "[p]lease join us for our annual Fall Gala and support the Kent County Democratic Party," and also point out that "[f]unds raised through this event support the Kent County Democratic Party". Importantly, the promotional materials note that the event will feature "Bridget Mary McCormack: Candidate for Michigan Supreme Court". The Michigan Code of Judicial Conduct prohibits candidates for judicial office, such as Bridget Mary McCormack, from personally soliciting or accepting campaign funds. (Mich. Code Jud. Conduct 7B(2)(a)). By using McCormack's name and candidacy to draw donors to the function, McCormack is using the prestige of the office to which she aspires to serve to encourage contributions to a partisan entity. Further, the Code states that candidates for judicial office "should maintain the dignity appropriate to judicial office." (Mich. Code Jud. Conduct 7B(1)(a)). The Michigan Code of Judicial Conduct largely embodies the dignity appropriate to judicial officeholders. Therefore, McCormack has also violated Canon 2C, which prohibits the use of the prestige of judicial office to advance the personal business interests of others. Canon 2C is extended to candidates for judicial office by Canon 7B(1)(a). McCormack's soliciting of funds by appearing as a draw to attract donors to a partisan function violates Canon 2C because her candidacy for the Michigan Supreme Court - and the prestige which accompanies that candidacy - are being used to raise money for the Kent County Democratic Party. McCormack has also violated Canon 5B(2), which prohibits judicial officials from "individually solicit[ing] funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of the office for that purpose [....]" Canon 5B(2) is extended to candidates for judicial office by Canon 7B(1)(a). McCormack's soliciting of funds by appearing as a draw to attract donors to a partisan function violates Canon 5B(2) because her candidacy for the Michigan Supreme Court - and the prestige which accompanies that candidacy - are being used to raise money for the Kent County Democratic Party. In closing, the Michigan Rules of Professional Conduct, state, "[a] lawyer who is a candidate for judicial office shall comply with the applicable provisions of the code of judicial conduct." (MRPC 8.2(b)). McCormack's personal solicitation of funds for a partisan entity is greatly unsettling, and problematic for the judiciary as an institution. END OF COMPLAINT
MI Supreme Candidate McCormack Breaking Rules | 1 comment (1 topical, 0 hidden)
MI Supreme Candidate McCormack Breaking Rules | 1 comment (1 topical, 0 hidden)
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