Mich. Admin. Ord. Administrative Order No. 2021-4
The Judicial Tenure Commission is comprised of nine members including judges (elected by fellow judges), attorneys (elected by fellow attorneys) and laypersons appointed by the Governor. The JTC recently lost a key member with Court of Appeals Judge Karen Fort Hood's passing. At the time of her death, Judge Fort Hood was serving as chairperson in her fifth year on the JTC, and had planned to continue her service; she was the only COA judge whose term was set to expire this year who had already been nominated by her peers.
Because Judge Fort Hood's death occurred after her nominating petitions were submitted but before the election was held, in the midst of the election process, MCR 9.210 and Administrative Order No. 1991-7 would ordinarily require both a replacement election for the remainder of her current term as well as an election for a new member for a term beginning January 1, 2022. However, AO 1991-7 also contemplates that different timing might be necessary in filling a vacancy.
Therefore, on order of the Court, the replacement election for Judge Fort Hood and the election for the Court of Appeals member of the JTC whose term begins January 1, 2022 shall be combined. The member elected shall serve both the remainder of Judge Fort Hood's term and a new term beginning January 1, 2022. The replacement term shall begin when the winning candidate is notified by the State Court Administrator. For purposes of this single combined election event, MCR 9.210 and Administrative Order No. 1991-7 are suspended to the extent that they are inconsistent with the procedures set forth in this order.
Within 7 days after entry of this order, the State Court Administrator shall send a notice and nominating petition by email to all judges of the Court of Appeals eligible to vote for the commissioner position to be filled, informing them that they may nominate a judge to fill the position. Nominating petitions must be filed at the office of the administrator in Lansing before Friday, October 1, 2021. If there is more than one nominee, the state court administrator shall promptly email a ballot to every judge eligible to vote for the Court of Appeals commission seat. A ballot will not be counted unless received marked and returned in a sealed envelope addressed to the office of the state court administrator in Lansing with a postmark no later than Friday, October 22, 2021. Alternatively, a judge may email his or her ballot to rewertst@courts.mi.gov no later than October 22, 2021 by 5:00 pm. Each ballot received by email will be acknowledged. Following the election process, the administrator or designee shall certify the count to the Supreme Court Clerk by November 1. In all other respects, MCR 9.210 and AO No. 1991-7 remain in effect. Further, the election for circuit judge commissioner will be conducted pursuant to normal procedure.
Mich. Admin. Ord. Administrative Order No. 2021-4