By Zach Gorchow
Gongwer News Service
(with contributions from Gongwer archives)
Former Supreme Court Chief Justice Michael Cavanagh, who served the second-longest tenure on the high court, spent four years as chief justice and authored a landmark ruling on appellate review of criminal sentences, has died. He was 84.
Cavanagh's daughter, Chief Justice Megan Cavanagh, announced news of her father's death.
"I want to make a difference because my dad made a difference," Megan Cavanagh said in a statement. "And so many other friends who served with my dad feel the same way. Mike Cavanagh inspired generations of colleagues through his kindness, humor, and quiet dignity in service to the people. He cared deeply about every person who appeared in his courtroom and for everyone who depended on a justice system that was independent, accessible and fair."
Details of Cavanagh's death, such as when he died, the cause and services, were not immediately available.
Cavanagh served on the Supreme Court for 32 years, from 1983-2015, making him second in tenure only to former Justice James Campbell, who served for 32 years, two months and 25 days from 1858 to 1890.
Cavanagh participated in 2,005 cases during his time on the court. In a 2014 interview with Gongwer shortly before he retired, Cavanagh said it was "a fool's errand" to pick one or two that were most memorable. He recalled cases dealing with whether Jack Kevorkian, who gained infamy in the 1990s for his suicide machine, was guilty of murder, as well as a challenging adoption case.
One decision that stands out was his writing of the ruling establishing the power of appellate review of criminal sentences. Until that decision, judicial sentencing was "considered sacrosanct." From that decision, the state began working on sentencing guidelines.
Cavanagh also recalled a case from the 1970s while on the Court of Appeals dealing with the prohibition on cosmetologists from cutting and styling men's hair. Cavanagh wrote the majority opinion finding for the cosmetologists who wanted to overturn the prohibition.
His opening line: "All hair is created equal."
Cavanagh was born in Detroit and earned his bachelor's and law degrees from the University of Detroit. He would move to the Lansing region, however, working as a research attorney for the Court of Appeals in 1966-67, becoming Lansing's city attorney in 1967 and then joining a private law firm in 1969. In 1972, he was elected district court judge. Then in 1974, he was elected to the Court of Appeals.
Cavanagh's first bid for the Supreme Court in 1982, as a nominee of the Democratic Party, was aided by his then more famous brother, former Detroit Mayor Jerome Cavanagh. In a 1982 interview with Gongwer News Service days before the election, Cavanagh said his name had played a "tremendous" role in the election.
At the time, Justice Thomas Kavanagh was serving on the court, and that helped too, Cavanagh said.
"It's a political fact of life," he said.
Besides Michael, Jerome and Megan Cavanagh, other members of the family also have held office: former Court of Appeals Judge Mark Cavanagh (Jerome's son), former Rep. Phil Cavanagh (also Jerome's son) and former Wayne County Commissioner Chris Cavanagh (also Jerome's son).
Cavanagh wasn't the only candidate running in 1982 with a good name, however.
Justice Blair Moody Jr. won reelection as, by far, the top vote-getter. Cavanagh narrowly edged his fellow member of the Court of Appeals, Judge Dorothy Comstock Riley, for the second seat by less than 20,000 votes.
Riley would soon join Cavanagh on the Supreme Court after Moody died unexpectedly a few weeks after the election through a hotly disputed appointment made by Governor William Milliken shortly before he left office. The Supreme Court ruled twice on the matter, deadlocking 3-3 and keeping Riley on the court and then voting 4-2 to remove her. Cavanagh voted in favor of her ouster both times. Riley got the last laugh when she won election to the court in 1984 and ousted Kavanagh, for whom Cavanagh once clerked.
In 1998, Republicans won their first outright majority on the court in decades. Cavanagh, along with former Justice Marilyn Kelly, were alone among Democrats for years and authored many dissents. The mantra from justices with Republican backgrounds about being "rule of law" and "strict constructionist" judges galled Cavanagh.
"Every judge just wants to give his best interpretation of what the Legislature intended. You have to keep in mind the legislative process is not a very pristine process," Cavanagh said in the 2014 interview, subject to compromises and language changes that come before the court. "When you talk about strict construction what are you constructing?"
Megan Cavanagh said amid the accolades for her father's career, his personal qualities should not be forgotten.
"My dad and I were very close, and I feel so fortunate to have learned so much from a leader who dedicated his life to public service. Though, Mike Cavanagh was much more than a dedicated public servant, much more than a great judge and justice, and much more than a tremendous father, husband, and grandpa. He embodied what it means to be a compassionate, thoughtful, and loving human being," she said.
"I could say Mike Cavanagh was one of a kind, but I hope not, because the world needs more leaders like my dad."
Gongwer News Service
(with contributions from Gongwer archives)
Former Supreme Court Chief Justice Michael Cavanagh, who served the second-longest tenure on the high court, spent four years as chief justice and authored a landmark ruling on appellate review of criminal sentences, has died. He was 84.
Cavanagh's daughter, Chief Justice Megan Cavanagh, announced news of her father's death.
"I want to make a difference because my dad made a difference," Megan Cavanagh said in a statement. "And so many other friends who served with my dad feel the same way. Mike Cavanagh inspired generations of colleagues through his kindness, humor, and quiet dignity in service to the people. He cared deeply about every person who appeared in his courtroom and for everyone who depended on a justice system that was independent, accessible and fair."
Details of Cavanagh's death, such as when he died, the cause and services, were not immediately available.
Cavanagh served on the Supreme Court for 32 years, from 1983-2015, making him second in tenure only to former Justice James Campbell, who served for 32 years, two months and 25 days from 1858 to 1890.
Cavanagh participated in 2,005 cases during his time on the court. In a 2014 interview with Gongwer shortly before he retired, Cavanagh said it was "a fool's errand" to pick one or two that were most memorable. He recalled cases dealing with whether Jack Kevorkian, who gained infamy in the 1990s for his suicide machine, was guilty of murder, as well as a challenging adoption case.
One decision that stands out was his writing of the ruling establishing the power of appellate review of criminal sentences. Until that decision, judicial sentencing was "considered sacrosanct." From that decision, the state began working on sentencing guidelines.
Cavanagh also recalled a case from the 1970s while on the Court of Appeals dealing with the prohibition on cosmetologists from cutting and styling men's hair. Cavanagh wrote the majority opinion finding for the cosmetologists who wanted to overturn the prohibition.
His opening line: "All hair is created equal."
Cavanagh was born in Detroit and earned his bachelor's and law degrees from the University of Detroit. He would move to the Lansing region, however, working as a research attorney for the Court of Appeals in 1966-67, becoming Lansing's city attorney in 1967 and then joining a private law firm in 1969. In 1972, he was elected district court judge. Then in 1974, he was elected to the Court of Appeals.
Cavanagh's first bid for the Supreme Court in 1982, as a nominee of the Democratic Party, was aided by his then more famous brother, former Detroit Mayor Jerome Cavanagh. In a 1982 interview with Gongwer News Service days before the election, Cavanagh said his name had played a "tremendous" role in the election.
At the time, Justice Thomas Kavanagh was serving on the court, and that helped too, Cavanagh said.
"It's a political fact of life," he said.
Besides Michael, Jerome and Megan Cavanagh, other members of the family also have held office: former Court of Appeals Judge Mark Cavanagh (Jerome's son), former Rep. Phil Cavanagh (also Jerome's son) and former Wayne County Commissioner Chris Cavanagh (also Jerome's son).
Cavanagh wasn't the only candidate running in 1982 with a good name, however.
Justice Blair Moody Jr. won reelection as, by far, the top vote-getter. Cavanagh narrowly edged his fellow member of the Court of Appeals, Judge Dorothy Comstock Riley, for the second seat by less than 20,000 votes.
Riley would soon join Cavanagh on the Supreme Court after Moody died unexpectedly a few weeks after the election through a hotly disputed appointment made by Governor William Milliken shortly before he left office. The Supreme Court ruled twice on the matter, deadlocking 3-3 and keeping Riley on the court and then voting 4-2 to remove her. Cavanagh voted in favor of her ouster both times. Riley got the last laugh when she won election to the court in 1984 and ousted Kavanagh, for whom Cavanagh once clerked.
In 1998, Republicans won their first outright majority on the court in decades. Cavanagh, along with former Justice Marilyn Kelly, were alone among Democrats for years and authored many dissents. The mantra from justices with Republican backgrounds about being "rule of law" and "strict constructionist" judges galled Cavanagh.
"Every judge just wants to give his best interpretation of what the Legislature intended. You have to keep in mind the legislative process is not a very pristine process," Cavanagh said in the 2014 interview, subject to compromises and language changes that come before the court. "When you talk about strict construction what are you constructing?"
Megan Cavanagh said amid the accolades for her father's career, his personal qualities should not be forgotten.
"My dad and I were very close, and I feel so fortunate to have learned so much from a leader who dedicated his life to public service. Though, Mike Cavanagh was much more than a dedicated public servant, much more than a great judge and justice, and much more than a tremendous father, husband, and grandpa. He embodied what it means to be a compassionate, thoughtful, and loving human being," she said.
"I could say Mike Cavanagh was one of a kind, but I hope not, because the world needs more leaders like my dad."
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