Order Michigan Supreme Court
Lansing, Michigan
March 21, 2012 Robert P. Young, Jr.,
Chief Justice
144191 (11) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
FRANK J. LAWRENCE, JR., Brian K. Zahra,
Plaintiff, Justices
v SC: 144191
BOARD OF LAW EXAMINERS,
Defendant.
_________________________________________/
On order of the Court, the motion for full-Court review of the motion to disqualify
Justice MARKMAN 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 Justice MARKMAN.
YOUNG, C.J. (not participating).
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
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.
ZAHRA, J., not participating for the reasons set forth in his previous statement in
this case, 490 Mich 935 (2011).
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