STATEOFMICHIGAN
SUPREME COURT
JOHN V. NEWTON and BARRY NEWTON,
Plaintiffs-Appellants,
SC: 150367
v COA: 315556
Macomb PC: 2011-203001-CZ
REBA SILVIO, GASPARE SILVIO, WENDY
NIENHAUS, and JANICE BLACKLEDGE,
Defendants-Appellees.
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Statement of Justice Viviano Denying Plaintiffs-Appellants’ Motion to Disqualify
November 4, 2014
VIVIANO, J. On November 4, 2014, appellants filed to a motion to disqualify me
from this case. In their motion, appellants state that while I was serving as Chief Judge in
Macomb County, “all Macomb County Probate Judges eventually recused and/or
deferred from taking action in this matter and the matter was referred to the state court
administrator’s office for the assignment of an out-county [sic] Judge to act in the
Macomb County Probate Court.” In their Application for Leave to Appeal and appellate
brief to the Court of Appeals, appellants further explain that after Macomb Probate
Judges O’Sullivan and George recused themselves from this case because of prior
dealings with one of the witnesses, “both counsel of record were then advised by the then
Chief Judge of the Macomb County Probate Court that the State Court Administrator’s
Office would be reassigning a new judge.”
The only document in the record supporting my involvement is limited to my
signature, in my capacity as Chief Judge, approving the requested reassignment. This is
in keeping with my very vague recollection of this case that I had no involvement beyond
operating in my administrative capacity as Chief Judge to facilitate reassignment in light
of Judge O’Sullivan’s and Judge George’s recusals. Further, appellants have failed to
articulate any grounds under MCR 2.003(C) on which to justify my recusal.
Accordingly, I see no reason to recuse myself from this case and would deny the
motion.
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