Whitmer Supreme Court appointment said to be imminent

By Zach Gorchow
Gongwer New Service
 
Gov. Gretchen Whitmer will soon name a new justice to the Supreme Court to replace departing Chief Justice Elizabeth Clement, and anticipation is building about whom the governor will select.

Two names that circulated early — Christina Grossi, the governor's chief legal counsel, and former U.S. Attorney Mark Totten, a former chief legal counsel to the governor — have since taken themselves out of the mix.

Grossi is leaving the administration to join the Honigman law firm, and Totten announced he's running for state attorney general.

Grossi's last day with the administration is April 25, Crain's Detroit Business reported.

Sources speaking on background said Grossi wants to wrap up the appointment before departing. Further, Clement indicated she wanted to depart no later than April 30.

Sources said the governor's office has interviewed people from a variety of backgrounds for the opening – sitting judges (at the appellate, trial and district level), a law professor and a county prosecutor.

One source said the most speculation seemed to involve elevating one of the Court of Appeal judges Whitmer named to that bench. That leaves many possibilities. Whitmer has appointed eight of the current Court of Appeals judges. This source said the names from the appellate bench that continue to circulate are Judge Kristina Robinson Garrett, Judge Noah Hood and Judge Allie Greenleaf
Maldonado.

Two sources noted there already are two vacancies on the Court of Appeals. If Whitmer were to promote a current Court of Appeals judge to the Supreme Court, that would allow her four total appointments, possibly all of them announced at once. In the past, the governor has often announced judicial appointments in batches. One theory is the governor could elevate an appellate judge to the Supreme Court and then appoint local judges or others for the open Appeals posts.

Another name in circulation is attorney Sam Bagenstos, who was a Democratic nominee to the Supreme Court in 2018. He's now a law professor at the University of Michigan following a stint as general counsel to the U.S. Department of Health and Human services during the administration of former President Joe Biden.

The appointee to the Supreme Court would serve the remaining two years of Clement's term and then would need to run in 2026 for a full eight-year term.

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