Michigan Supreme Court Justice Receives Donation from Secretary of State's PAC
State Supreme Court Justice Kyra Harris Bolden of Michigan reported receiving an $82,500 donation from a political action committee (PAC) associated with Michigan Secretary of State Jocelyn Benson. The donation was made while the Supreme Court was deliberating on an appeal filed by Benson.
Details of the Donation
Legacy PAC, founded and run by Benson, made the donation to the Keep Kyra Harris Bolden for Justice committee on April 26, 2024. The donation was reported by Bolden's campaign committee on May 17, 2024. At the time, Bolden was part of the seven-member bench considering Benson's appeal, which had been filed on November 30, 2023.
Outcome of the Appeal
On August 28, 2024, Bolden was part of the 5-2 majority opinion that granted Benson's appeal. Critics, particularly Republican election integrity advocates, believe this decision will undermine effective oversight of election conduct by poll challengers. The state Supreme Court ruling reversed a decision by the Michigan Court of Claims and a subsequent 3-0 Michigan Court of Appeals ruling, which had upheld the lower court's decision. These courts had ruled that Benson's guidance regarding poll challengers was too restrictive, violated state law, and therefore needed to be modified.
Call for an Ethics Investigation
On October 1, election integrity activist Braden Giacobazzi and former state Senator Patrick Colbeck, both Republicans, formally requested an investigation into Bolden by the Judicial Tenure Commission, the panel responsible for overseeing the conduct of judges. They specifically asked the commission to examine the appropriateness of the donation from the Michigan Legacy PAC.
Justice Bolden's Background
Bolden, a Democrat, is a former state representative and criminal defense attorney from the Detroit area. She unsuccessfully ran for a seat on the Michigan Supreme Court in November 2022. Shortly after that election, she was appointed by Democratic Governor Gretchen Whitmer to serve for a portion of the unexpired term of retiring Justice Bridget McCormack, also a Democrat. Bolden is currently running in the upcoming November 5 election to retain her position until January 1, 2029.
Allegations of Bribery
In a statement, Colbeck alleged that Bolden's acceptance of the $82,500 campaign contribution from a defendant in a case that was currently before the court “has all the indications of a bribe intended to influence the decision of the court.” The Michigan Code of Judicial Conduct states that a judge should uphold the integrity and independence of the judiciary, avoid impropriety and the appearance of impropriety in all activities, and perform duties impartially.
Request for Investigation of Benson
On October 11, Colbeck also submitted a request for an investigation of Benson to the State of Michigan Attorney Grievance Commission, which oversees the ethics of lawyers. He alleged that Benson's campaign donation to a Michigan Supreme Court Justice while a lawsuit involving her was before the court constituted a serious ethics violation and misconduct as a member of the Michigan Bar Association. He further alleged that her "repeated violations" were sufficient grounds to warrant her disbarment.
Bottom Line
This case raises serious questions about the potential influence of campaign donations on judicial decisions. It remains to be seen how the respective commissions will respond to the requests for investigations into both Justice Bolden and Secretary of State Benson. What are your thoughts on this matter? Do you think the donation could have influenced the court's decision? Share this article with your friends and let us know what you think. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
