Opinion
Nos. 126980, 127032.
January 27, 2006.
Leave to Appeal Granted.
SC: 126980, 127032, COA: 241801.
The motion to disqualify is denied. The parties are directed to include among the issues briefed the effect, if any, of the 1995 amendment of MCL 600.2925d on the current viability of Theophelis v. Lansing Gen Hosp, 430 Mich 473 (1988). The Michigan Trial Lawyers Association and Michigan Defense Trial Counsel are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the questions presented in this case may move the Court for permission to file briefs amicus curiae.
While I agree to grant leave to appeal, 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 procedure to handle motions to disqualify a Supreme Court justice from participation in a case.
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 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 further. 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. See Advocacy Org for Patients Providers v. Auto Club Ins Ass'n, 472 Mich 91 (2005) (WEAVER, J., concurring).