Order Michigan Supreme Court
Lansing, Michigan
March 21, 2012 Robert P. Young, Jr.,
Chief Justice
144072 (80)(85) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
ITALO PARISE, Justices
Plaintiff-Appellant,
v SC: 144072
DETROIT ENTERTAINMENT, L.L.C.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for full-Court review of the motion to disqualify
Chief Justice YOUNG and Justice MARY BETH KELLY is considered, and it is GRANTED.
Upon full-Court consideration of the plaintiff’s motion, we DENY the motion for the
reason that no justice is persuaded that there is any ground for the disqualification of
Chief Justice YOUNG or Justice MARY BETH KELLY.
YOUNG, C.J. I deny plaintiff’s renewed motion seeking my disqualification. I
deny plaintiff’s additional claim regarding the alleged donations made to Candice Miller
for Congress, followed by Candice Miller for Congress’ alleged donations to the
Michigan Republican Party, followed by the alleged donation by the Michigan
Republican Party to my Supreme Court campaign in 2010. Even if true, this new
allegation is one degree of separation further than the subject matter of the previous
motion for disqualification. Accordingly, it too is insufficient to give rise to an
appearance of impropriety. Moreover, plaintiff’s allegations regarding professional and
consulting relationships, even if true, are too attenuated to give rise to an appearance of
impropriety. Plaintiff still does not claim that I am actually biased for or against either
party in this matter. Because I am not biased for or against either party in this matter, I
deny plaintiff’s motion seeking my disqualification.
I do not participate in the order or the full Court’s decision on the motion for
disqualification of another justice, pursuant to MCR 2.003(D)(3)(b), for the reasons
2
stated in my November 25, 2009, dissent from the rule’s promulgation1 and in my March
31, 2010, statement of nonparticipation in a similar motion in Pellegrino v Ampco
Systems Parking.2 I believe that rule to have serious constitutional flaws.
1
See 485 Mich cxxx, clxvii-clxxxv (YOUNG, J., dissenting).
2
485 Mich 1134, 1155-1165 (2010) (YOUNG, J., not participating).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 21, 2012 _________________________________________
t0314 Clerk