Michigan justice won't recuse himself in emergency manager law hearing

By Paul Egan/ Detroit News

Lansing— A justice of the Michigan Supreme Court has rejected a request he recuse himself from hearing a challenge to the state's toughened emergency manager law.

Lawyers challenging the law on behalf of a group of citizens asked Justice Stephen Markman to disqualify himself from hearing the case because Markman's wife, Kathleen, represented the state attorney general's office in a separate challenge to the law in federal court in Detroit.

They said a judge should recuse himself if his wife has more than a minimal interest in the case.

In an order issued Friday, Markman denied the request.

He said his wife has no involvement in the state court case and removed herself from the federal court case after the issue was raised.

"There is nothing … that causes me to believe that I cannot be fair-minded and even-handed in my exercise of judgment in deciding the constitutional issues involved.

The federal case in which Markman's wife made an appearance was recently dismissed.

The state court challenge alleges the law backed by Gov. Rick Snyder violates the Michigan Constitution and home rule.

It gives greater powers to emergency managers appointed by the state to take control of financially distressed local governments and school districts. One of the most controversial aspects is the power to change the terms of collective bargaining agreements.

Markman's recusal would have been significant because it would have erased the 4-3 majority on the court held by justices nominated by Republicans.