LEWIS v. ST JOHN HOSPITAL, 474 Mich. 1089 (2006)

711 N.W.2d 351

LEWIS v. ST JOHN HOSPITAL.

No. 129529.Supreme Court of Michigan.
March 24, 2006.

Leave to Appeal Denied.

SC: 129529, COA: 252712.

The motion to disqualify Chief Justice TAYLOR and Justices CORRIGAN, YOUNG, and MARKMAN is denied.

WEAVER, J. (dissenting).

I do not participate in the decision regarding the motion to disqualify Chief Justice TAYLOR and Justices CORRIGAN, YOUNG, and MARKMAN.

I am opposed to the entry of any order in this case at this time and would hold this case in abeyance until this Court publishes proposals for public comment, places the issue on a public hearing for administrative

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matters, resolves, and makes clear for all to know the proper procedures for handling motions for the disqualification of Supreme Court justices from participation in a case. This Court opened an administrative file on the question on May 20, 2003, but has yet to address the matter publicly. See ADM 2003-26.

The question regarding the participation or nonparticipation of justices frequently recurs and is a matter of public significance because even one justice’s decision to participate or not participate can affect the decision and outcome in a case. Se Advocacy Org for Patients Providers v. Auto Club Ins Ass’n, 472 Mich 91, 96-101 (2005) (WEAVER, J., concurring).

KELLY, J. I do not participate in the decision to deny the motion to disqualify. I agree with Justice Weaver in urging the Court to establish a particularized written procedure to handle motions to disqualify a Supreme Court justice from participation in a case.

CAVANAGH, J. I join the statement of Justice KELLY.