Marilyn Kelly
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Marilyn Jean Kelly is a justice of the Michigan Supreme Court. She was elected to the court for an eight-year term in 1996, after having been nominated to run for a seat on the court by the state's Democratic Party.[1]
Kelly received her B. A. from Eastern Michigan University in 1960. In 1961, she obtained her masters degree in French Language and Literature at Middlebury College in Vermont, completing her graduate studies at La Sorbonne, the University of Paris. From 1962 to 1967 Justice Kelly taught French at Grosse Pointe Public Schools, Albion College and Eastern Michigan University. She was elected statewide in 1964 to the Michigan State Board of Education and later became its President. Justice Kelly received her Juris Doctor with honors from Wayne State University Law School in 1971. From 1969 to 1988 she held several clerkships and practiced law as an associate attorney at Dykema, Gossett, Spencer, Goodnow & Trigg in Detroit, as a partner at Dudley, Patterson, Maxwell, Smith & Kelly in Bloomfield Hills and as principal and owner of Marilyn Kelly & Associates in Bloomfield Hills.
In 1988 Justice Kelly was elected to the Michigan Court of Appeals for a six-year term and was reelected to the Court of Appeals in 1994.
Awards and civic activities
Awards
- 2004: Education Award from WAND (Women Against Nuclear Destruction); Greek Associations Honor Justice Kelly with plaque presented by the Messenian Association of Michigan and the Hellenic Bar Association in recognition of her “service to the legal profession and the people of the State of Michigan."
- 2003: President's Choice Award from the State Bar of Michigan for "exeptional service to the public and bar"; Michael Franck Award from the State Bar of Michigan for outstanding contribution to the legal profession; Legal Hero Award from the University of Detroit Mercy School of Law; Eleanor Roosevelt Humanities Award from State of Israel Bonds Attorney Division; Co-Recipient, Community and Educational Outreach Award presented by the National Association of Bar Executives and Lexis Nexis for the State Bar's Pro Bono Project for Domestic Violence Victims.
- 2002: Selected by Corp! Magazine as one of Michigan's 95 most powerful women.
- 1995: Commendation, Business Women Committee of the American Arab Chamber of Commerce.
- 1989: Wonder Woman Award from Women's Survival Center, Oakland County.
- 1987: Commendation, Michigan Association of Intermediate School Administrators.
- 1979: Certificate of Appreciation, Lake Superior State College.
- 1976: Distinguished Service Award, Wayne County Community College; Joint Resolution of Appreciation from Michigan House of Representatives and Michigan Senate; Certificate of Appreciation, Michigan Association of Secondary School Principals; Certificate of Appreciation, Michigan Association of Elementary School Principals.
- 1975: Honorary Doctor of Laws, Eastern Michigan University; Honorary Member, Alpha Lambda Delta, women's education society.
- 1974: Distinguished Alumni Award, Eastern Michigan University.
- 1972: Distinguished Service Award, Michigan Education Association.
Associations
- Fellow, Michigan State Bar Foundation, 2003
- American Arbitration Association
- Oakland County Bar Association
- Chair, Family Law Committee, Oakland County Bar Association
- Committee Co-Chair, President's Task Force on Improved Dispute Resolution, Oakland County Bar Association
- Panel Attorney, State Attorney Discipline Board
- Family Law Council, State Bar of Michigan
- State Bar Representative Assembly
- President, Women's Bar Association
- President, Women Lawyers' Association of Michigan[2]
Endorsements
- In 2004, the National Organization for Women endorsed Judge Kelly's campaign.[3]
- "I have the greatest admiration for Marilyn Kelly's record. She has shown great courage in her decisions on the bench. In addition, she has an excellent judicial temperament and a fine legal mind." – Jennifer M. Granholm, Governor of the State of Michigan
- "Marilyn Kelly is a credit to the Michigan Supreme Court. Her opinions are clear and down-to-earth. It is a pleasure to find so many qualities in one judge!" – Frank J. Kelley, Former Attorney General for the State of Michigan
- "Justice Marilyn Kelly has tremendous intellect, character and experience. Michigan needs to keep Justice Kelly on the Michigan Supreme Court." – Reginald J. Turner, Jr., Immediate Past President of the State Bar of Michigan[4]
Campaigns
In 2004, Kelly raised $682,710, and in 1996, she raised $539,529. These two races were elections in which she won a seat on the Supreme Court.[5]
Notable positions
Voter ID
The Michigan Supreme Court ruled in 2007 that a state law requiring voters to show photo identification or swear to their identity is constitutional. The ruling was 5 to 2, Republicans to Democrats, accordingly. According to the Los Angeles Times, "critics say the ID requirement is essentially a poll tax that would hit hardest the poor, elderly, disabled and minorities and keep them away from the polls. Supporters say it’s needed to prevent election fraud. The Michigan law requires voters to show photo ID to get a ballot, but it still allows those who don’t have photo IDs to vote if they sign affidavits swearing to their identities." The Supreme Court determined that the ID requirement was not a poll tax because voters could choose to sign the affidavit instead. In the majority opinion, Justice Robert Young said the requirement was a “reasonable, nondiscriminatory restriction designed to preserve the purity of elections and to prevent abuses of the electoral franchise.” In dissent, Justice Marilyn Kelly said that “history will judge us harshly for joining those states that have limited the precious constitutional right to vote.”[6]
Affirmative action petition
The Michigan Supreme Court ruled that regardless of signers' belief in what they were signing, an anti-affirmative action proposal will go on the November 2008 ballot. "The signers of these petitions did not sign the oral representations made to them by circulators; rather they signed written petitions that contained the actual language of the (ballot question)," Justice Stephen Markman wrote. "In carrying out the responsibilities of self-government, 'we the people' of Michigan are responsible for our own actions," he wrote, adding that a person who signed the petition "cannot blame others when he signs a petition without knowing what it says."[7]
Justices Cavanagh and Kelly dissented from the court majority and said they would have granted an appeal. "The issues involved are of enormous public importance and merit full briefing and oral argument before the Court makes its final decision. The allegations of fraud seem credible."
External links
- Marijuana odor may warrant searches
- Project Vote Smart
- Kelly for Justice: Campaign website
- Wikipedia: Marilyn Jean Kelly
- The Institute of Continuing Legal Education
- Swearing In of Marilyn Kelly
- Grand Rapids forum to examine Michigan Supreme Court flaws
- Court nixes two campus-related FOI requests
- Wayne State Panel Discussion
- The Oakland Press
- Court limits conservation group's water rights
