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Richard Clark, Escanaba, is a practicing trial lawyer who works throughout the Upper Peninsula. His area of emphasis is civil law.

ESCANABA - No matter what laws legislators vote upon and governors sign into law, the Michigan Court of Appeals and Supreme Court interpret those laws and, at times, invalidate them. Sometimes we forget the importance of the judiciary. It is part of the three branches of government.

Just as the U.S. Supreme Court has the final say in federal law the Michigan Supreme Court has the final say on Michigan law. Before 2000 the Michigan Supreme Court was admired throughout the nation for its judicial excellence, but how times have changed.

According to a study by the University of Chicago, the present Michigan Supreme Court is rated dead last among the 50 states in productivity, opinion quality and independence (ability to withstand partisan pressures).

Circuit Judge Diane Hathaway is challenging the justice in charge of the Michigan Supreme Court's abysmal record, Justice Cliff Taylor.

Justice Taylor leads court rulings in favor of the insurance industry interests over the interests of main street. Early in his tenure on the Supreme Court Justice Taylor emphatically sided with the insurance industry. To side with an insurance company, Justice Taylor entered a tortured discussion of the meaning of the legislature's use of "a."

A state statute said that an insurance company was required to insure its policyholder when the policyholder was driving "a" motor vehicle. In the case before Justice Taylor the unfortunate policyholder had driven his boss' uninsured truck and the insurance company didn't want to cover him. Justice Taylor wrote that "a" wasn't "any," leaving the policyholder holding the bag so the insurance company had a free ride. Nuns who taught me in school would have taken issue with Justice Taylor, but they weren't aligned with the insurance industry.

Fellow Michigan Supreme Court Justice Elizabeth Weaver assailed Justice Taylor for being unprofessional, improper and unfair. She said he "has too often mismanaged the business of this Court. Harmful to the proper functioning of the justice system is Chief Justice Taylor's inclination to act secretly, not openly and transparently."

There is more. The legal community, including lawyers who represent insurance companies, are critical of Justice Taylor. Lawyer's Weekly keeps lawyers abreast of changes and trends in law. According to the "Weekly," Justice Taylor has ruled against middle class families in favor of insurance and corporate interests 80 percent of the time.

A Lawyers Weekly survey of attorneys who practice in front of the Michigan Supreme Court found Justice Taylor to be lowest in preparedness, efficiency, thoroughness and overall knowledge of the law.

Judge Diane Hathaway, a circuit judge, challenges Justice Taylor's discredited tenure. The Lansing State Journal endorsed Judge Hathaway. The Journal said, "Politics before the public. That's the Taylor court."

The Journal continued that Hathaway "has a solid record on the circuit bench. She is eager to work for, not against, the people of Michigan."

Judge Hathaway visited the Upper Peninsula a couple a weeks ago and those who met her would agree with the Journal's assessment.

One other contested court race features a candidate with Yooper roots. Judge Paula Manderfield hails from Houghton. Judge Manderfield started at Michigan Tech and finished at Michigan State, earning her nursing degree. She continued her education at Cooley Law School.

After 10 years as an attorney Judge Manderfield was elected a district court judge in 1992. Judge Manderfield became a circuit judge in 2000.

Judge Manderfield has been endorsed by several judges from the Upper Peninsula. Michigan Supreme Justice Weaver recommends Judge Manderfield as does former Attorney General Frank Kelley, the Lansing State Journal, the Detroit Free Press and Detroit News.

The Lansing State Journal said Judge "Manderfield's rulings from the circuit bench have reflected a cautious outlook, paired with a consistent defense of the people's ultimate authority to guide their government."

Judge Manderfield's opponent, Michael Kelly, is an attorney from the Flint area. Mr. Kelly is a fine lawyer but can list no judicial experience on his resume.

Judge Manderfield deserves to be promoted to the Court of Appeals.