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    Free Press picks for the 2024 Michigan Supreme Court race
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    Free Press picks for the 2024 Michigan Supreme Court race

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    6 minutes, 55 seconds Read

    Detroit Free Press Editorial Team
    | Detroit Free Press

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    Four candidates are vying for two spots on the Michigan Supreme Court.

    The seven justices on the state Supreme Court are the final arbiter on questions of state law and decide questions about whether the state's civil rights law, which prohibits discrimination based on sex, applies to sexual orientation – it does, the court ruled in Year 2022 – or beyond The constitutionality of the controversial “adopt and amend” legislative process this year has not been passed.

    The Supreme Court also oversees the lower courts, sets procedural rules for all courts in Michigan, and hears requests from the Judicial Tenure Commission to remove judges from the bench for misconduct.

    It is a peculiarity of Michigan politics – and can be confusing for voters – that seats on the court are nonpartisan, but candidates for those seats are nominated by the political parties.

    Incumbent Judge Kyra Harris Bolden, the Democratic nominee, was appointed to the bench by Gov. Gretchen Whitmer after former Chief Justice Bridget McCormack left the court in 2022.

    William O'Grady, a Republican nominee for the West Michigan District Court, is running to unseat Bolden.

    Democratic nominee Kimberly Ann Thomas, a law professor and director of the Juvenile Justice Clinic at the University of Michigan, and GOP nominee state Rep. Andrew Fink, R-Hillsdale, are vying for the seat soon to be vacated by retiring Judge David Viviano .

    Each judge is elected for an eight-year term.

    Recommendations: Free Press is voting for Michigan's U.S. House, Senate and House of Representatives in the Nov. 5 election

    Kyra Harris Bolden and William O'Grady

    Harris Bolden was a state legislator before taking the bench. He represented Southfield and the surrounding area for two terms, served on the House Judiciary Committee and introduced several bills related to criminal justice reform that became law. She previously worked as a litigator and criminal defense attorney.

    In her short time as a judge, Bolden has authored three majority opinions, one unanimous, demonstrating her ability to reach consensus and the respect of her fellow justices as the court's longest-serving member.

    Harris Bolden enjoys the publicity that comes with being a Supreme Court justice. He leads two working groups on treatment courts and child welfare and works with attorneys, judges, social workers and legislators to increase statewide access to resources that can improve court system outcomes.

    She also regularly speaks at churches and schools about being Michigan's first Black woman to serve on the state Supreme Court.

    Following her appointment, Harris Bolden hired a former prisoner as an employee, which caused some controversy and led to the employee's resignation.

    Harris Bolden stands by her decision to hire the man.

    “I think judges and judges should believe in second chances,” she told the Free Press editorial board. “I think that is an important part of this work: to show compassion and empathy and not to impose life sentences on people who have not justified such a reaction. I think justice requires that we allow people to be productive citizens as they serve their time.”

    O'Grady is a former Michigan State Trooper who served in the 15th District Court and probate courts in Branch County.

    O'Grady, a self-described “rule of law judge,” was endorsed by former U.S. House Speaker Newt Gingrich and former President Donald Trump. He describes himself as a “strict textualist”—if you are unfamiliar with the jargon, the textualists, or the originalists, look for a straightforward reading of the original language of the U.S. and state constitutions, unmoored from changing cultural or social conditions . and often accuse their ideological opponents of “judicial activism” or “legislating from the bench.” U.S. Supreme Court Justice Clarence Thomas, part of the Dobbs majority that overturned Roe vs. Wade, is a notable proponent of originalism.

    But it is the job of judges to interpret the law, not just recite it. This is, after all, a board that spends a lot of time debating the meaning of “must” vs. “should” or “retain” vs. “retain.”

    In two years on the pitch, KYRA HARRIS BOLDEN has proven to be a collegial, fair and compassionate lawyer. Michigan voters should elect her to a full term.

    Opinion: “Rule of Law” judge? Don't be fooled. Here's what that really means

    Kimberly Ann Thomas and Andrew Fink

    Two thoughtful, qualified candidates are vying for the open seat on the court.

    Kimberly Ann Thomas, a trial and appellate attorney, is now a law professor at the University of Michigan Law School, where she directs the school's Juvenile Justice Clinic. She served on the bipartisan task force on juvenile justice reform in Michigan and worked on the American Bar Association's Rule of Law Initiative to develop curricula for law schools in countries such as Turkey and Jordan.

    Thomas says she wants to ensure the quality of jurisprudence delivered by Michigan's highest court, citing her on-the-ground experience in the state's lower courts and saying she would bring real-world insights to the court's deliberations.

    Thomas has a nuanced understanding of the role of a judge, which she says always begins with the law as written, but also extends to analysis of precedents that have developed since the law was passed – in Michigan courts, other Supreme Courts state courts and the U.S. Supreme Court—and interpretations of the law in the briefs filed by each party. If the court goes beyond a textualistic interpretation, it must have a real reason or explanation to point to, she says. Decisions need to be informed decisions, she explained, but Michigan residents also need to have confidence in those decisions.

    She believes the court's seven-member structure is designed to encourage collaborative conversations and decision-making.

    Thomas has spent significant time with youth through her work on the state task force and at University Hospital and can be an important voice of expertise in cases affecting the state's most vulnerable citizens.

    State Rep. Andrew Fink, R-Hillsdale, was a U.S. Marine Corps attorney before joining the family firm's private practice in Ypsilanti. He ran for the state legislature in 2020 and is serving his first term.

    Fink says his candidacy is the next step in a career in public service. He also describes himself as an originalist, a term he says has become “politicized,” and he hopes to change what he sees as “inconsistency” in the Court's current decision-making, which he says stems from ” “flexible approach to how a case should be decided,” but insists that he will work cooperatively and collegially with the other judges on the court.

    Fink stood out among the candidates for his opposition to the virtual court. Although there is near-universal consensus that many important court proceedings should be conducted in person, virtual courts have made it easier for those charged with, for example, minor traffic offenses to resolve their problems while balancing work and family.

    Regular readers of the Free Press know that the editorial board requires elected officials to uphold democracy at every level and in every branch of government. That's why we often ask candidates who they think won the 2020 election. In Fink's case, he clarified the facts – and gave an inadequate answer.

    Another media outlet incorrectly reported that Fink was present at a “Stop the Steal” rally in Lansing on January 6th. Fink provided cellphone data showing he split his time that day between his home in Hillsdale and his law office in Ann Arbor, and the outlet subsequently corrected the report. But when asked whether President Joe Biden won the 2020 election, Fink gave a tortuous answer in a campaign interview this month: “I don’t have an alternative outcome to that. The guy had, you know, the votes to win, and that’s how you win the presidential election.”

    KIMBERLY ANN THOMAS is the more well-rounded candidate with a more nuanced understanding of the complexities of a judge's role and the needs of the Michiganders she will serve.

    Submit a letter to the editor at freep.com/letters and we can publish it online and in print. This story has been updated to correct a typo.

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