Worthy v. Michigan
| Decision Date | 24 April 2000 |
| Docket Number | No. 00-71219.,00-71219. |
| Parties | Honorable Kym L. WORTHY, Romona Mckinney, and Reginald Crawford, Plaintiffs, v. State of MICHIGAN, Michigan Department of State, Bureau of Elections, Secretary of State Candice S. Miller, Chief Elections Officer, and Teola P. Hunter, Clerk for the County of Wayne, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
John F. Royal, Lisa L. Dwyer, Kevin Ernst Assoc., Detroit, MI, for Plaintiffs.
Katherine C. Galvin, Michigan Department of Attorney General, Public Employment & Elections Division, Lansing, MI, Charles N. Raimi, James A. Smith, Bodman, Longley, Detroit, MI, for Defendants.
OPINION & ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND DISMISSING THE COMPLAINT WITH PREJUDICE
This matter comes before the Court on Plaintiffs' Hon. Kym Worthy, Romona McKinney and Reginald Crawford's motion for preliminary injunction. Plaintiffs seek a preliminary injunction barring the State of Michigan from enforcing a provision of the Michigan Constitution which prohibits a sitting judge from becoming "nominated for or elected to an elective office other than a judicial office during the period of [the judge's] service and for one year thereafter." MICH. CONST.1963, Art. 6, § 21. Plaintiffs contend that the state constitutional provision is unconstitutional under the First, Fifth and Fourteenth Amendments to the Constitution. As discussed below, the motion is DENIED and the complaint is DISMISSED WITH PREJUDICE.
The facts are not in dispute. During oral argument in this matter, the parties agreed to combine the hearing on the motion for preliminary injunction with a trial on the merits, as permitted by Federal Rule of Civil Procedure 65(a)(2). Fed. R.Civ.Pro. 65.
Plaintiff, the Honorable Kym Worthy, is a sitting Wayne County Circuit Court Judge who wishes to run for Wayne County Prosecutor for the term beginning January 1, 2001. Plaintiffs Romona McKinney and Reginald Crawford ("Voter Plaintiffs") are Wayne County voters who would allegedly support Judge Worthy's candidacy. The Defendants are the State of Michigan, Michigan Department of State, Bureau of Elections, Secretary of State Candice Miller, and Teola Hunter, entities and individuals who are responsible for the implementation and enforcement of Michigan state election laws.
A provision of Michigan's Constitution temporarily prevents Judge Worthy from becoming a candidate for the prosecutorial office she intends to seek. Article 6, section 21 of the Michigan Constitution provides: "Any justice or judge of a court of record shall be ineligible to be nominated for or elected to an elective office other than a judicial office during the period of his [or her] service and for one year thereafter." MICH. CONST.1963, Art. 6, § 21.
This provision requires Judge Worthy to resign and wait one year before she is eligible for candidacy. The current Wayne County Prosecutor, John O'Hair, has decided not to seek reelection. Although there is no official date upon which he announced this decision, as early as September 1998, it was suggested that he may retire and speculation began with respect to who would replace him. See Joe Swickard, Prosecutor May Retire in 2000, Detroit Free Press, September 16, 1998, http://www.freep.com/news/locway/qohair16.htm.
The availability of injunctive relief is a procedural question that is governed by federal law. Southern Milk Sales, Inc. v. Martin, 924 F.2d 98 (6th Cir.1991). The Sixth Circuit has held that a court must consider four factors in deciding whether to issue a temporary restraining order or preliminary injunction:
(1) whether the movant has shown a strong or substantial likelihood of success on the merits;
(2) whether the movant has demonstrated irreparable injury;
(3) whether the issuance of a preliminary injunction would cause substantial harm to others; and
(4) whether the public interest is served by the issuance of an injunction.
Rock and Roll Hall of Fame v. Gentile Productions, 134 F.3d 749, 753 (6th Cir. 1998); See also Parker v. United States Dept. of Agriculture, 879 F.2d 1362, 1367 (6th Cir.1989).
The foregoing considerations are "factors to be balanced, not prerequisites that must be met." Mascio v. Public Employees Retirement System of Ohio, 160 F.3d 310 (6th Cir.1998), quoting In re DeLorean Motor Co., 755 F.2d 1223, 1229 (6th Cir.1985). Where the three factors other than the likelihood of success on the merits all strongly favor issuing the injunctive relief, a district court is within its discretion in issuing the order if the merits present a sufficiently serious question to justify further investigation. In re DeLorean, 755 F.2d at 1230. Alternatively, the court may also issue injunctive relief if the movant, "at least shows serious questions going to the merits and irreparable harm which decidedly outweighs any potential harm to the defendant if an injunction is issued." Frisch's Restaurant, Inc. v. Shoney's Inc., 759 F.2d 1261, 1270 (6th Cir. 1985).
Plaintiff Worthy challenges the Michigan constitutional provision on equal protection grounds. The United States Supreme Court has recognized that under the Equal Protection Clause, states are granted "considerable leeway to enact legislation that may appear to affect similarly situated people differently." Clements v. Fashing, 457 U.S. 957, 962-63, 102 S.Ct. 2836, 73 L.Ed.2d 508 (1982)(plurality opinion). The Clements Court reminded us that legislatures are presumed to have acted constitutionally, and that "[u]nder traditional equal protection principles, distinctions need only be drawn in such a manner as to bear some rational relationship to a legitimate state end." Id. at 963, 102 S.Ct. 2836. The Court departs from these traditional principles "only when the challenged statute [or provision] places burdens upon `suspect classes' of persons or on a constitutional right that is deemed to be `fundamental.'" Id. Accordingly, in assessing the federal constitutionality of this state constitutional provision, the Court must apply traditional principles of equal protection analysis, unless the provision at issue burdens a suspect class, or a fundamental right.
The Supreme Court does not recognize candidacy as a fundamental right: "Far from recognizing candidacy as a `fundamental right,' we have held that the existence of barriers to a candidate's access to the ballot `does not of itself compel close scrutiny.'" Id. (quoting Bullock v. Carter, 405 U.S. 134, 143, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972)). The Supreme Court cases require the Court to assess candidate restrictions by examining "in a realistic light the extent and nature of their impact on voters." Id. There is no "litmus test" for assessing challenges to state provisions which restrict ballot access. Storer v. Brown, 415 U.S. 724, 730, 94 S.Ct. 1274, 39 L.Ed.2d 714 (1974). Rather, the Supreme Court has stated:
Decision in this area of constitutional adjudication is a matter of degree, and involves a consideration of the facts and circumstances behind the law, the interests the State seeks to protect by placing restrictions on candidacy, and the nature of the interests of those who may be burdened by the restrictions.
Clements, 457 U.S. at 963, 102 S.Ct. 2836 (citing Storer v. Brown, 415 U.S. at 730, 94 S.Ct. 1274 (1974); Williams v. Rhodes, 393 U.S. 23, 30, 89 S.Ct. 5, 21 L.Ed.2d 24 (1968)).
Where the "availability of political opportunity" is unfairly or unnecessarily burdened by the restriction, the Court will depart from traditional rational basis review. Lubin v. Panish, 415 U.S. 709, 716, 94 S.Ct. 1315, 39 L.Ed.2d 702 (1974). There are two lines of cases which may require the Court to apply a stricter level of scrutiny. The first line involves classifications based on wealth. For example, the Supreme Court has applied a higher level of scrutiny in a case involving "candidate filing fee provisions" on the grounds that such a system "falls with unequal weight on voters, as well as candidates, according to their economic status." Bullock v. Carter, 405 U.S. at 144, 92 S.Ct. 849; see also Lubin, 415 U.S. at 717-18, 94 S.Ct. 1315
The Supreme Court also recognizes a departure from the traditional equal protection analysis where the challenged classification "involves classification schemes that impose burdens on new or small political parties or independent candidates." Clements, 457 U.S. at 964, 102 S.Ct. 2836 (citing Illinois State Bd. of Elections v. Socialist Workers Party, 440 U.S. 173, 99 S.Ct. 983, 59 L.Ed.2d 230 (1979); Storer v. Brown, 415 U.S. at 730, 94 S.Ct. 1274 (1974); American Party of Texas v. White, 415 U.S. 767, 94 S.Ct. 1296, 39 L.Ed.2d 744 (1974); Jenness v. Fortson, 403 U.S. 431, 91 S.Ct. 1970, 29 L.Ed.2d 554 (1971); Williams v. Rhodes, 393 U.S. 23, 30, 89 S.Ct. 5, 21 L.Ed.2d 24 (1968)). State rules requiring minority party candidates or independent candidates to demonstrate a certain level of support before they are eligible for the ballot have been analyzed with stricter scrutiny. The Court has made clear that "a State may not act to maintain the `status quo' by making it virtually impossible for any but the two major parties to achieve ballot positions for their candidates." Clements, 457 U.S. at 965, 102 S.Ct. 2836.
The state requirement under attack here is found in Article 6, section 21 of the Michigan Constitution. That provision provides: "Any justice or judge of a court of record shall be ineligible to be nominated for or elected to...
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