Opinion
Prior report: 2004 WL 2808906.
On January 11, 2006, the Court heard oral argument on the application for leave to appeal the December 7, 2004 judgment of the Court of Appeals. On order of the Court, the motion to disqualify is DENIED. The application for leave to appeal is again considered. In lieu of granting leave to appeal, we REVERSE, in part, the judgment of the Court of Appeals and REINSTATE summary disposition for appellant North Star Steel Company, for the reasons stated in part II of Court of Appeals Judge Kelly's concurrence and dissent. MCR 7.302(G)(1).
[474 Mich. 1081] MICHAEL F. CAVANAGH, J., would deny leave to appeal.
WEAVER, J., would deny leave to appeal and states as follows:
I do not participate in deciding plaintiff's motion to disqualify Chief Justice Taylor and Justices Corrigan, Young, and Markman. This Court should publish proposals for public comment, place the issue on a public hearing for administrative matters, resolve, and make clear for all to know the proper procedures for handling motions for the recusal of Supreme Court justices from participation in a case. See Scalise v. Boy Scouts of America, 473 Mich. 853, 700 N.W.2d 360 (2005). This Court opened an administrative file on the question on May 20, 2003, but has yet to address the matter. See ADM 2003-26.
The question regarding the participation or nonparticipation of justices frequently recurs and is a matter of public significance because even one justice's decision to participate or not participate may affect the decision and outcome in a case. See Advocacy Org. for Patients & Providers v. Auto Club Ins. Ass'n, 472 Mich. 91, 96-104, 693 N.W.2d 358 (2005) (Weaver, J., concurring). MARILYN J. KELLY, J., would deny leave to appeal and states as follows:
I do not participate in the decision to deny the motion to disqualify. I agree with Justice Weaver in urging the Court to establish a particularized procedure to handle motions to disqualify a Supreme Court justice from participation in a case.