“Michigan Supreme Court Justice Diane Hathaway filed retirement papers last month, but she didn’t announce her plans until Monday when the state Judicial Tenure Commission accused her of ‘blatant and brazen’ misconduct.” Hathaway had allegedly hidden assets from creditors during a real estate short sale and responded untruthfully during a judicial disciplinary investigation of the matter. [Debra Cassens Weiss/ABA Journal, Volokh]
It is worth noting that Justice Hathaway won an upset victory over an admirable incumbent, Chief Justice Cliff Taylor, following 2008’s most unfair attack ad, in which Democrats broadcast a photo of Taylor with his eyes closed on the bench — the sort of picture that, given human physiology and the right kind of camera work, could be obtained of any jurist — and accused him of sleeping. Taylor told the Detroit News that the piece “wasn’t true, but it was a very compelling piece of political theater”. I noted the story four years ago. In hindsight, we can see that the attack ad not only took down an outstanding judge, but elevated a challenger who proved little credit to the bench.