Mich. Supreme Court Agrees with Larry Leib and lower courts and rules Judge ineligible to run for Oakland County Prosecutor.

Yesterday, the Michigan Supreme Court issued an order agreeing with a 3-0 Court of Appeals ruling and Circuit Court ruling that former judge Richard D. Kuhn Sr., who sat as a “visiting judge” as recently as May 2, 2008, was ineligible to run for Oakland County Prosecutor. The Michigan Constitution, in order to protect “separation of powers” and the People of Michigan from the “dangers” of a judicial system too influenced by politics, draws a bright line forbidding former judges from running for non-judicial office for at least one year after ending judicial service.

Kuhn argued that “visiting judges” were somehow different from other judges and did not fit the definition of “judge”. Larry Leib argued that the plain meaning and strict construction of the Constitution, as popularly read by the people, should be upheld. Challenging a member of the judicial branch in court is always a risky action to take, but Prosecutors must make difficult decisions and Leib felt it was important to fight for the people and the principle of judicial separation. Leib was the only candidate of the three remaining willing to fight for this principle.

The Constitution states:

Const 1963, art 6, § 21: Any justice or judge of a court of record shall be ineligible to be nominated for or elected to an elective office other than a judicial office during the period of his service and for one year thereafter.

Leib stated, "Now 3 courts and 11 judges - including Supreme Court justices - have unamimously agreed with us on the plain meaning of the Constitution. The Constitution is simple and clear enough to be read by the people, and I invite the public to read Article 6, Section 21 and decide for themselves. It protects the public from the dangers of having judges that are too close to politics by saying "any judge" shall refrain from seeking non-judicial office for at least a year.  Even when the law is with you, challenging a former member of the judiciary itself - especially one with as honorable and distinguished a career as Judge Kuhn - is always risky.  But the Constitution is more important, and I'm disappointed that I was the only candidate remaining that had the courage to defend this principle.  As your Prosecutor, I will continue to fight for the people and for the Constitution and law as strictly construed."

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 Paid for by Larry Leib for Oakland County Prosecutor, 30057 Orchard Lake Road, Suite 100, Farmington Hills, MI 48334