Michigan Supreme Court elections, 2020

Michigan 2020 elections

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2020 State
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Seven candidates ran in the general election for two seats on the Michigan Supreme Court on November 3, 2020. The two seats were held by Bridget Mary McCormack and Stephen Markman, a Republican-appointed justice who had reached his mandatory retirement age and was not eligible to run for re-election.

Justice McCormack held her place as Chief Justice, and Elizabeth Welch (D) won Justice Markman’s seat. The partisan balance on the court flipped to 4-3, with Democrats controlling the court. At the time of the election, four of the seven justices on the court were appointed by Republican governors to fill vacancies. Three of the justices on the court advanced from Democratic conventions before winning general elections.

Although the general election is nonpartisan, political parties in Michigan may nominate candidates for state supreme court elections. The Democratic Party nominated incumbent Bridget Mary McCormack and Elizabeth Welch, the Republican Party nominated Brock Swartzle and Mary Kelly, and the Libertarian Party nominated Kerry Lee Morgan and Katie Nepton. A seventh candidate, Susan L. Hubbard, was not nominated by a political party. The Democratic and Republican nominating conventions took place on August 29, 2020.

## Contents

* 1 Election procedure changes in 2020
* 2 Judges with expiring terms
* 3 Candidates and election results
* 4 Candidate profiles
* 5 Campaign finance
* 6 Noteworthy events
* 6.1 Michigan House of Representatives and Michigan Senate v. Gretchen Whitmer
* 7 About the Michigan Supreme Court
* 8 Past elections
* 8.1 2018
* 8.2 2016
* 8.3 Political composition
* 9 Selection
* 9.1 Qualifications
* 9.2 Selection of the chief justice
* 10 See also
* 11 External links
* 12 Footnotes

## Election procedure changes in 2020[edit]

See also: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Ballotpedia provided comprehensive coverage of how election dates and procedures changed in 2020. While the majority of changes occurred as a result of the coronavirus (COVID-19) pandemic, some changes occurred for other reasons.

Michigan modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:

* Absentee/mail-in voting: Absentee ballot applications were sent to all registered voters in the general election.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

## Judges with expiring terms[edit]

This is a list of the justices who had to stand for nonpartisan election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Stephen Markman \- Note: Markman reached the mandatory retirement age of 70 years and was not eligible to run for re-election.
■ Bridget Mary McCormack

## Candidates and election results[edit]

General election

##### General election for Michigan Supreme Court (2 seats)

The following candidates ran in the general election for Michigan Supreme Court on November 3, 2020.

Candidate

Votes

|
|
|

✔ |

| Bridget Mary McCormack (Nonpartisan) |

32.3

| 2,377,410
✔ |

| Elizabeth Welch (Nonpartisan) |

20.2

| 1,490,550

| Mary Kelly (Nonpartisan)  |

17.0

| 1,252,692

| Brock Swartzle (Nonpartisan)  |

13.7

| 1,009,320

| Susan L. Hubbard (Nonpartisan) |

8.3

| 611,019

| Kerry Lee Morgan (Nonpartisan) |

4.6

| 340,396

| Katie Nepton (Nonpartisan)  |

3.9

| 290,377

* * *

Incumbents are bolded and underlined. The results have been certified. Source

| Total votes: 7,371,764

|
|

= candidate completed the Ballotpedia Candidate Connection survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

## Candidate profiles[edit]

This section includes candidate profiles created in one of two ways. Either the candidate completed Ballotpedia's Candidate Connection survey or Ballotpedia staff created a profile after identifying the candidate as noteworthy.[1] Ballotpedia staff compiled profiles based on campaign websites, advertisements, and public statements.

Bridget Mary McCormack

Incumbent: Yes

Political Office:

* Michigan Supreme Court (Assumed office: 2013)

Biography: Prior to her election to the court, McCormack was a law professor and dean at the University of Michigan Law School. While an associate dean, McCormack co-founded the law school's Innocence Clinic. She was a faculty fellow at Yale Law School. She also served as an attorney with the Legal Aid Society and the Office of the Appellate Defender in New York. McCormack received her J.D. from New York University Law School.

* * *

Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

* * *

McCormack's campaign web page said, “Our courts serve the Michigan people. Judges must never forget that we administer justice in the people’s name. That responsibility extends beyond the crucial tasks of handing down judgments and sentences. Our justice system must also provide resources and assistance to all who require access to it. Equal justice for all is the core value of our system of justice, and a fundamental principle of our democracy.”

* * *

McCormack's campaign web page said, "Chief Justice McCormack is committed to making sure the Michigan Supreme Court is independent from political pressure and is committed to justice for all of Michigan’s people."

* * *

McCormack's campaign web page said, "Chief Justice McCormack believes the courtroom is one place where fairness should outrank strength, and where being right should matter more than being popular or powerful."

* * *

Show sources

Sources: Bridget McCormack's 2020 campaign website, "The Michigan Supreme Court," accessed October 7, 2020|; Michigan Courts, "Justice McCormack Bio," Accessed October 7, 2020.

This information was current as of the candidate's run for Michigan Supreme Court in 2020

Elizabeth Welch

Incumbent: No

Political Office: None

Submitted Biography: "I began my legal career 25 years ago, practicing employment law first with two large law firms and then started my own practice in 2004. My current work has focused heavily upon COVID-19 in the workplace, safety issues, and unemployment issues. I also have handled criminal law matters and abuse/neglect matters and have worked extensively as an unpaid advocate on issues involving conservation, voting rights, and public education. I have served on the boards of numerous non-profit and advocacy organizations in Michigan. I currently serve as Vice President of the Steelcase Foundation, Trustee on the Grand Valley University Foundation, and am a member of the School Finance Research Collaborative (which studied the true cost to educate a child in Michigan). My past service includes Vice President of my local Board of Education, board/leadership positions with the Grand Rapids Bar Association, Women Lawyers, and the Michigan League of Conservation Voters, and election protection work with NAACP WIN and the GR Mayor's Task Force. My husband, Brian Schwartz, and I have four kids in our blended family. Our oldest son is a United States Air Force Academy graduate (now serving), and our other two sons and daughter are in college."

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Key Messages

To read this candidate's full survey responses, click here.

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My work, nonprofit, and advocacy experience will bring an important perspective to our State's highest Court. We need justices who understand frontline issues and who have a proven track record of serving the people of our State.

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We need justices who will lead on important changes to the justice system. We need to continue the hard work of addressing disparities in our criminal justice system and the access to justice crisis (lack of counsel) in our civil justice system. Our justices should lead on these important issues. My work the past 15 years has been largely devoted to fighting for fairness for everyone. The work of the courts should be the same.

* * *

Our court system must be accessible and transparent. Important technological changes were forced upon the system due to the public health crisis. Many of these changes were long overdue and should remain in place to allow the public easier access to the court system (whether as a participant or viewer). If elected, I will work to keep these improvements in place.

This information was current as of the candidate's run for Michigan Supreme Court in 2020

Mary Kelly

Incumbent: No

Political Office: None

Biography: Kelly worked over 30 years as a prosecutor in St. Clair County. She also worked in private practice as a general practitioner with emphasis on domestic matters, civil litigation, and criminal matters. She argued cases before the United States District Court and the United States Court of Appeals.

* * *

Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

* * *

Kelly's campaign website said, "Throughout her career Mary has been a steadfast champion of the rights of victims."

* * *

Kelly's campaign website said, "In 2015, Mary was awarded by her peers in the St. Clair County Bar Association with the James T. Corden Civility Award. This Award recognizes attorneys who practice law with dignity and respect. It honors attorneys who place a premium on integrity, honesty, ethics and fairness."

* * *

Kelly's campaign website said she "has developed a special empathy with those who have lost family and friends to drunk driving and substance abuse. Mary has directed her enthusiasm for this issue not only to holding those responsible accountable, but also working with agencies to design a more comprehensive approach to a treatment program that would effectively deter repeated substance abuse and combat re-victimization by the same individual."

* * *

Show sources

Sources: Mary Kelly for Justice, "Bio," accessed October 7, 2020; Mary Kelly for Justice, "Bio," accessed October 7, 2020.

This information was current as of the candidate's run for Michigan Supreme Court in 2020

Brock Swartzle

Incumbent: No

Political Office: None

Biography: Swartzle worked as chief of staff for the speaker of the Michigan House of Representatives and general counsel for the house. He was litigation partner with Honigman Miller Schwartz and Cohn LLP. Swartzle was also a law clerk for three years in both the Eastern District of Michigan and the Western District of Michigan. He clerked for David McKeague on the U.S. Court of Appeals for the Sixth Circuit for four years.

* * *

Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

* * *

Swartzle said he intended "to be a judge who is blind to the parties before the bench, one who favors not the plaintiff, not the defendant, not the prosecutor, not the criminal defendant, not the government, not the corporation, not the individual, but a judge who focuses solely on the facts and the law."

* * *

Swartzle's campaign website said, "Judge Brock Swartzle is a proven rule-of-law conservative, and you can judge that for yourself by reading his published opinions. If a candidate claims to be a rule-of-law conservative, but you can’t read the proof for yourself, they’re certainly not proven, and they might not be as conservative as they claim."

* * *

In a post on his website Swartzle wrote, "A judge cannot be beholden to a particular political view; rather, a judge must be beholden to the Rule of Law. This is true even in the case of the Michigan Supreme Court, where political parties nominate candidates—we still run as nonpartisans, and the Michigan Code of Judicial Conduct (applicable to judges and judicial candidates alike) reminds us that we must always be 'unswayed by partisan interests, public clamor, or fear of criticism' when performing our professional duties."

* * *

Show sources

Sources: Brock Swartzle's 2020 campaign website, "Meet Brock," Accessed October 7, 2020; Brock Swartzle's 2020 campaign website, "Opinions," accessed October 7, 2020; Brock Swartzle's 2020 campaign website, "Why I Write," accessed October 7, 2020; Michigan Courts, "Fourth District Judges," accessed October 7, 2020.

This information was current as of the candidate's run for Michigan Supreme Court in 2020

Kerry Lee Morgan

Incumbent: No

Political Office: None

Submitted Biography: "Kerry is Of Counsel to Pentiuk, Couvreur & Kobiljak, P.C. His chief areas of practice involve municipal law, employment discrimination, civil rights, labor law litigation, environmental law, educational policy and federal firearms law. Kerry has extensive experience in matter related to labor law, where he has worked zealously with municipal and business clients to resolve disputes. In addition to advising parents on their tights in connection with the home education of their children, Kerry has also written a number of thought-provoking articles in the areas of natural law and unalienable rights. He completed an extensive legal review of religious liberty principles and Supreme Court cases titled, Unalienable Rights, Equality and the Free Exercise of Religion. In 1997, University Press of America published his book, Real Choice, Real Freedom in American Education, a scholarly work that articulates the legal and Constitutional case for parental rights and against governmental control of American Education. Kerry also engages in pro-bono work by advising parents on their rights in connection with the home education of their children. Prior to his current legal affiliation, he served as an Attorney-Advisor with the United States Commission on Civil Rights in Washington, D.C. he also served as the Director of the U.S. Bicentennial Project for Regent University."

* * *

Key Messages

To read this candidate's full survey responses, click here.

* * *

The Supreme Court needs Justices who will apply the law as written, not as it could be written in the mind of the Judge. My background in the law for over thirty five years has taught me the importance of this purpose. My experience in the practice of law before judges has taught me that judges are sometimes reluctant to simply apply the law as written. I can bring a balanced respect for the written law and the Constitution in particular to the bench, so that Justice may be done.

* * *

The future of the judicial system is for the People to decide, but that future must recover a solid commitment to the rule of law, not the law of judges. Michigan Lawyers must also be freed from the politicized State Bar of Michigan by elimination of compulsory membership. The Supreme Court should be leading this fight. Instead, it sides with the Bar. It compels lawyers to pay money to the Bar for the propagation of ideas with which they disagree. The Court also tramples down the natural rights of conscience in the process. Securing natural rights is the states only compelling interest.

* * *

This information was current as of the candidate's run for Michigan Supreme Court in 2020

Katie Nepton

Incumbent: No

Political Office: None

Biography: Nepton received her JD in transactional law from Thomas M. Cooley Law School and her bachelor's in international relations and political science from the University of Connecticut. She worked as a victim advocate for the Bureau & Putnam County Health Department from 2007 through 2008.

* * *

Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

* * *

In an interview, Nepton said, "I want to give people options. The two-party system hurts America and individual Americans. I believe in freedom – as much freedom for the individual as possible. No politician was talking about this."

* * *

In an interview, Nepton said, "I will help give power back to the citizens of Michigan. The smaller the government, the smaller the taxes… and the larger the freedoms for the individual!"

* * *

In an interview, Nepton said, "I believe in freedom. I believe each American should be given as much freedom in running their lives as possible. I believe every time we take away any freedom we undo the possibilities of tomorrow. More specifically I believe in the freedom to marry the person you choose; I believe in the freedom to have access to medical procedures and medical products; and the freedom to do with your body as you see fit."

* * *

Show sources

Sources: WLIX10. "10 Questions for the Candidates: Katie Nepton" accessed October 8, 2020; Votesmart, "Kate Nepton Biography," accessed October 9, 2020.

This information was current as of the candidate's run for Michigan Supreme Court in 2020

Susan L. Hubbard

Incumbent: No

Political Office: None

Submitted Biography: "Judge Susan L. Hubbard has served on the Wayne County Circuit Court for the past ten years. She created the first instructional video for self-represented litigants in family cases who cannot afford attorneys, providing real access to justice. As a Wayne County Commissioner, Hubbard authored the county's first Ethics Ordinance against corruption and the county's first Airport Noise Abatement Program which resulted in the re-development of Detroit-Metro Airport in 2003. As a member of the Dearborn City Council, Hubbard authored ordinances protecting residential neighborhoods from industrial encroachment. Judge Hubbard rejects the politicization of the courts and believes strongly in applying the Rule of Law to each case and protecting our Constitution. Hubbard supported herself through college and law school graduating from Wayne State University and the Detroit College of Law. She began her career with the U.S. General Accounting Office where she audited federal programs ensuring for efficiency and testified at Congressional hearings on their effectiveness. "

* * *

Key Messages

To read this candidate's full survey responses, click here.

* * *

Independence- throughout my public service I've been known as an Independent whose loyalty has always been to the public. I will continue to apply the Rule of Law equally to all.

* * *

Integrity - As a Dearborn Council member and County Commissioner I fought to protect residents and sponsored the county's first Ethics Ordinance prohibiting officials from self-dealing.

* * *

Committed - As a family division judge, Judge Hubbard authored the first instructional video on how to file for divorce for those who cannot afford attorneys providing real Access to Justice.

This information was current as of the candidate's run for Michigan Supreme Court in 2020

## Campaign finance[edit]

## Noteworthy events[edit]

### Michigan House of Representatives and Michigan Senate v. Gretchen Whitmer[edit]

On May 6, 2020, Republicans in the Michigan House and Senate filed a lawsuit challenging Gov. Gretchen Whitmer's (D) emergency declarations issued related to coronavirus. The lawsuit alleged that Whitmer exceeded her authority under two laws that formed the basis of her emergency declaration—the 1976 Emergency Management Act and the 1945 Emergency Powers of the Governor Act.[2]

On May 21, Court of Claims Judge Cynthia Diane Stephens ruled against the Michigan legislature, dismissing the lawsuit. She wrote that Gov. Whitmer exceeded her authority under the 1976 law but not the 1945 law.[3]

On May 22, the Legislature asked the state Supreme Court to take up the case.[4]

On October 2 the Michigan Supreme Court ruled in a 4-3 decision that Gov. Whitmer had no authority to issue or renew executive orders relating to Covid-19 beyond April 30. Justice Markman wrote the majority opinion. [5] Justices Brian K. Zahra, Elizabeth Clement, and David F. Viviano joined the majority. Justices Bridget M. McCormack, Richard H. Bernstein, and Megan K. Cavanagh dissented. [6]

## About the Michigan Supreme Court[edit]

See also: Michigan Supreme Court

The Michigan Supreme Court is the court of last resort in Michigan. The court is located in the Michigan Hall of Justice in Lansing, the state capital. There are seven justices on the court, one being the chief justice. Justices are elected to eight-year terms or appointed by the governor in the case of a vacancy. Most commonly, the court takes appeals from the Michigan Court of Appeals. It is also responsible for the administration and supervision of all lower courts in the state.[7]

## Past elections[edit]

### 2018[edit]

See also: Michigan Supreme Court elections, 2018

Although the general election was officially nonpartisan, candidates were nominated to the ballot by party convention. Party affiliation listed below refers to the party that nominated each candidate.

General election

##### General election for Michigan Supreme Court (2 seats)

The following candidates ran in the general election for Michigan Supreme Court on November 6, 2018.

Candidate

Votes

|
|
|

✔ |

| Elizabeth Clement (R)  |

29.9

| 1,871,462
✔ |

| Megan Cavanagh (D)  |

25.3

| 1,584,512

| Kurtis Wilder (R)  |

24.3

| 1,519,394

| Samuel Bagenstos (D)  |

11.5

| 717,062

| Kerry Lee Morgan (L)  |

5.8

| 360,858

| Doug Dern (Natural Law Party)  |

3.3

| 209,103

* * *

Incumbents are bolded and underlined. The results have been certified. Source

| Total votes: 6,262,391

|
|

= candidate completed the Ballotpedia Candidate Connection survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Click [show] at the right to view more past election results.

|

### 2016

See also: Michigan Supreme Court elections, 2016
Incumbent David Viviano defeated Frank S. Szymanski and Doug Dern in the general election for the Michigan Supreme Court, Viviano's seat. | Michigan Supreme Court, Viviano's Seat, 2016

Party | Candidate | Vote % | Votes
| Republican  |  David Viviano Incumbent | 67.23% | 2,316,459
| Democratic  | Frank S. Szymanski | 23.01% | 792,944
| Natural Law Party of Michigan | Doug Dern | 9.76% | 336,160
Total Votes (83 of 83 counties: 100%) | 3,445,563
Source: Michigan Secretary of State Official Results
Incumbent Joan Larsen defeated Deborah Thomas and Kerry L. Morgan in the general election for the Michigan Supreme Court, Larsen's seat. Michigan Supreme Court, Larsen's Seat, 2016

Party | Candidate | Vote % | Votes
| Republican  |  Joan Larsen Incumbent | 57.62% | 1,940,260
| Democratic  | Deborah Thomas | 29.23% | 984,107
| Libertarian  | Kerry L. Morgan | 13.15% | 442,781
Total Votes (84 of 83 counties: 100%) | 3,367,148
Source: Michigan Secretary of State Official Results

### Political composition[edit]

This was the political composition of the supreme court heading into the 2020 election.

■ Richard Bernstein |  | Elected in 2014

|
|

■ Megan Cavanagh |  | Elected in 2018
■ Elizabeth Clement |  | Appointed by Gov. Rick Snyder (R) in 2017
■ Stephen Markman |  | Appointed by Gov. John Engler (R) in 1999; elected in 2004 and 2012
■ Bridget Mary McCormack |  | Elected in 2012
■ David Viviano |  | Appointed by Gov. Rick Snyder (R) in 2013; elected in 2014 and 2016
■ Brian Zahra |  | Appointed by Gov. Rick Snyder (R) in 2011; elected in 2012 and 2014

## Selection[edit]

See also: Judicial selection in Michigan

The seven justices of the Michigan Supreme Court are chosen in nonpartisan elections. They serve eight-year terms and must be re-elected if they wish to continue serving.[8] Incumbent judges seeking re-election may file an affidavit of candidacy requesting to be placed on the ballot, while non-incumbent candidates must either file a nominating petition or obtain a partisan nomination at a party convention. Incumbency is noted on the ballot, though party affiliation is not.[8]

In the event of a midterm vacancy, the governor appoints a temporary replacement to serve until the next general election. At the governor's request, the state bar's standing committee on judicial qualifications interviews, evaluates, and rates all candidates, submitting a confidential report to the governor.[8]

### Qualifications[edit]

In order to be elected to this court, a judge must:

* be a qualified elector;
* be licensed to practice law in the state;
* have at least five years of law practice experience;
* be under the age of 70.[8]

Sitting judges who reach age 70 are allowed to serve out the remainder of their term.[9]

### Selection of the chief justice[edit]

The chief justice of the court serves a two-year term and is elected by his or her fellow justices.[8]

## See also[edit]

Michigan | Judicial Selection | More Courts

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|

Courts in Michigan Michigan Court of Appeals Michigan Supreme Court |  Elections: 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Michigan |  Federal courts State courts Local courts

## External links[edit]

* Search Google News for this topic
* Michigan Supreme Court

## Footnotes[edit]

1. ↑ Candidate Connection surveys completed before September 26, 2019, were not used to generate candidate profiles. In battleground primaries, Ballotpedia based its selection of noteworthy candidates on polling, fundraising, and noteworthy endorsements. In battleground general elections, all major party candidates and any other candidates with the potential to impact the outcome of the race were included.
2. ↑ The Detroit News, "Michigan House, Senate sue Gov. Whitmer, call emergency powers 'invalid'," May 6, 2020
3. ↑ CNN, "Judge dismisses Michigan Legislature's lawsuit over governor's use of emergency powers," May 21, 2020
4. ↑ The Detroit News, "Legislature asks Michigan Supreme Court to consider emergency powers case," May 26, 2020
5. ↑ "CNN", "Michigan State Supreme Court Whitmer Emergency Powers," October 7, 2020
6. ↑ Michigan Supreme Court , Recent Opinions, October 23, 2020
7. ↑ Michigan Courts, "About the Supreme Court," accessed October 29, 2014
8. ↑ 8.0 8.1 8.2 8.3 8.4 American Judicature Society, "Methods of Judicial Selection: Michigan," archived October 2, 2014
9. ↑ Michigan Daily, "Washtenaw County judge announces early retirement," May 1, 2014

Michigan courts

* * *

Federal courts:

Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Michigan, Western District of Michigan • U.S. Bankruptcy Court: Eastern District of Michigan, Western District of Michigan

State courts:

Michigan Supreme Court • Michigan Court of Appeals • Michigan Circuit Court • Michigan District Courts • Michigan Probate Courts

State resources:

Courts in Michigan • Michigan judicial elections • Judicial selection in Michigan

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