Subject:  Fieger wins right to fight judges |
Author:
Chris
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Date Posted: 12/31/06 8:09pm
December 27, 2006
Fieger wins right to fight judges
Paul Egan / The Detroit News
A federal appeals court Tuesday upheld lawyer Geoffrey Fieger's right to challenge the way the Michigan Supreme Court handles requests for judges to recuse themselves.
The decision of the 6th U.S. Circuit Court of Appeals is a partial victory for Fieger and a setback for a Michigan Supreme Court that is battling internal dissension.
Fieger, the Southfield attorney known for his inflammatory comments and multimillion-dollar judgments, had challenged the refusal of four of the state's seven Supreme Court justices to recuse themselves from his cases.
Fieger alleged Justices Maura Corrigan, Clifford Taylor, Robert Young Jr. and Stephen Markman demonstrated personal dislike and bias toward him.
The 6th Circuit upheld a lower court ruling that federal courts have no jurisdiction to overturn past refusals by the justices to recuse themselves. But the appeals court reversed the decision of U.S. District Judge Marianne O. Battani when it said federal courts may consider a challenge to the constitutionality of the recusal process.
"This is basically the end for them," Fieger said of the four justices. "They've basically considered themselves above the law and they're not answerable to anybody."
Michigan Supreme Court justices make their own decisions on whether to recuse themselves from cases and provide no review process. Fieger alleged that violates his due process rights.
Battani will proceed with discovery and a possible trial in federal court in Detroit on whether the recusal process is constitutional.
Michigan Supreme Court Justice Elizabeth Weaver, who has criticized her four colleagues for refusing to disqualify themselves from Fieger's cases, last week criticized them again in a dissenting opinion, saying they were advancing a policy of greater secrecy and less accountability.
Those justices have alleged Weaver is resentful over being replaced as chief justice.
Rusty Hills, a spokesman for the Michigan Attorney General's Office that argued the appeal for the Supreme Court, declined comment.
You can reach Paul Egan at (313) 222-2069 or pegan@detnews.com.
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