Judicial Nominations

by Samantha Berkovits

After nearly two years and the support of two consecutive Republican home state senators, the U.S. Senate has confirmed Toledo defense lawyer Jeffrey Helmick to a judicial emergency seat on the U.S. District Court for the Northern District of Ohio. Confirmed by a 62-36 vote, those opposing his nomination cited his work defending a suspected terrorist. Sen. Patrick Leahy (D-Vt.) defended Helmick “zealously, comparing him with Founding Father John Adams, who defended British soldiers accused in the Boston Massacre.” Sen. Sherrod Brown (D-Ohio), who has spoken out against judicial obstruction, said, "He's only controversial in the Senate Judiciary Committee ... He's not controversial in Ohio, where they know Jeffrey Helmick the best.” The Senate also confirmed Judge Timothy S. Hillman to the U.S. District Court of Massachusetts this week.

By Michigan Supreme Court Justice Marilyn Kelly and retired Sixth Circuit Judge James L. Ryan. Justice Kelly will participate in a panel on judicial campaigns and public confidence in the courts during the American Constitution Society’s National Convention in June.

Since the turn of the century, Michigan has gained a reputation for Supreme Court election campaigns that are among the most expensive, least transparent and most partisan in the country. Our campaign ads have been among the most offensive. That is why we convened a bipartisan task force of prominent Michiganders to study how Supreme Court justices are selected across the nation and recommended improvements to Michigan’s Supreme Court selection process.

The 2010 candidates for the Michigan Supreme Court raised a total of $2.6 million. The political parties and state-based interest groups reported spending another $2.5 million. But data collected from the public files of state television broadcasters and cable systems showed that an additional $6.3 million was spent by the political parties and interest groups. Michigan law does not require this candidate-focused “issue” advertising to be reported in the state campaign finance disclosure system.

This was not the first time that the majority of money spent in a Michigan Supreme Court campaign was undisclosed to the public. For the elections from 2000 through 2010, $21.5 million was reported and $20.8 million was paid for undisclosed television advertising.