(Source: MIRS.news, Published 01/17/2024) Justice David Viviano Wednesday reiterated his opposition to the Michigan court system's Commission on Diversity, Equity and Inclusion (DEI) after reading a draft strategic plan that pushes “gauzy generalities” that he fears will result in judges being “held accountable” if they “promote equality of opportunity instead of equal outcomes.”
Among Viviano's issues with the draft strategic plan was the Commission's goal of “judicial vitality,” which includes the line that “judges are fairly held accountable for their responsibilities and actions.”
“I have no idea what this ominous assertion means in practice,” he said, but noted that chief judge applicants are now being asked how they will support the “DEI mission," which he said is “an ideological purity test.”
Viviano’s comments came in what was otherwise a generic order from the Michigan Supreme Court as it announced appointments to the Commission, which includes judges, attorneys and community members.
“Our courts should embrace a diversity of viewpoints and background experiences in hiring practices,” he said. "What we should not do, however, is continue the dangerous game of classifying and valuing individuals based on collective identities and demographics.
“This can only sow division and conflict. I fear that the DEI Commission is committed to such a path.”
Justice Elizabeth Welch, a member of the Commission, said it’s “difficult to understand” Viviano’s continued objection considering Commission members “devoted extensive time” in 2023 to creating the draft plan, which was released in November. The following month, the Commission hosted a public meeting to receive comments on the plan, she noted.
“Certainly, the goal of having the judges and employees who staff Michigan’s courts reflect the communities they serve is not objectionable,” Welch wrote. “… There is nothing objectionable about encouraging the development of pipelines to the judiciary, which, like the legal profession itself, often begins with exposing students to career opportunities at various points in their educational experience.”
The Commission’s plan highlights five key objectives: community; talent; value and connection; judicial vitality and alignment.
Among the 17 recommendations to achieve those objectives are to develop an office within the court to focus on user experience; support the development of a talent pipeline for the state’s justice system; promote practices to strengthen employee engagement and morale; promote additional practices to maintain high employee retention; and demystify the road to the bench via both election and appointment, among other recommendations.
She said the courts are serving the public when they seek input from those impacted by the functions and actions of the judicial system.
“I fail to see how eliminating the DEI Commission or failing to have a body consider the challenges facing our judiciary in the first place does anything to promote progress,” Welch wrote.
Viviano responded that it is “highly questionable” for the Court to endorse or affiliate itself with any entity “that is looking to develop” judicial candidates as suggested in the draft strategic plan. He said it's “highly questionable” that the Court should be endorsing or affiliated with any entity that is looking to develop candidates for the judiciary when the selection of judges is made by the voters or through gubernatorial appointment.
The Appointees
The Michigan Supreme Court re-appointed Josh Hilgart, J. Dee Brooks, Erika Bryant, Jacqueline Freeman, Angie Martell and Bolem Morales to a term that began Jan. 1 and ends Dec. 31, 2026.
In addition, Richard Lynch is appointed for a term ending Dec. 31, 2026; Judge Melissa L. Pope is appointed for the remainder of a partial term ending Dec. 31; and Alize Asberry Payne and David W. Jones are appointed for the remainder of partial terms ending Dec. 31, 2025.
