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Michigan Supreme Court Lansing, Michigan

Opinion
ATTORNEY GENERAL, Plaintiff, v HUGH CLARKE, Defendant.

Chief Justice:

Justices:

Robert P. Young, Jr. Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra

FILED MAY 17, 2011 STATE OF MICHIGAN SUPREME COURT

No. 142550

BEFORE THE ENTIRE BENCH PER CURIAM. Defendant, Judge Hugh Clarke, was appointed to the 54-A District Court by former Governor Jennifer Granholm. The Attorney General claims that defendant is not entitled to hold office beyond January 1, 2011, and brought this quo warranto action to oust defendant. See MCL 600.4505(1); MCL 600.4515. Having assumed jurisdiction over this action and having heard oral argument, we hereby dismiss plaintiff's complaint. In November 2004, Judge AMY KRAUSE of the 54-A District Court was elected to a six-year term of office beginning on January 1, 2005. In November 2010, Judge

KRAUSE was reelected to another six-year term that was to begin on January 1, 2011. However, on November 23, 2010, Governor Granholm appointed Judge KRAUSE to fill a vacancy on the Court of Appeals. Judge KRAUSE resigned from the 54-A District Court effective December 13, 2010, and Governor Granholm appointed defendant to the position on December 20, 2010, effective December 22, 2010. Governor Granholm's term of office as governor ended on January 1, 2011. The Attorney General brought a quo warranto action in the Court of Appeals, claiming that defendant is not entitled to remain in office beyond the term of office to which he was appointed--that is, beyond January 1, 2011--and that the Governor is not entitled to fill a judicial vacancy for a term that does not begin until after the Governor leaves office. We granted defendant's application to bypass consideration of the matter by the Court of Appeals and assumed jurisdiction over the action. 488 Mich 1052 (2011); see MCR 7.302(C)(1). We conclude the following: (1) A judicial vacancy "shall be filled by appointment by the governor." Const 1963, art 6,

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Michigan Law