Justice David Viviano’s Departure Marks a Shift in Michigan’s Supreme Court
This is the first in a three-part series of exit interviews with people leaving prominent jobs in Michigan at the end of 2024.
The Michigan Supreme Court is set to undergo a significant change as Justice David Viviano prepares to step down at the end of the year. Appointed by former Republican Governor Rick Snyder in 2013, Viviano was twice elected by Michigan voters as a Republican nominee in 2014 and 2016.
In a recent discussion with Michigan Public’s Morning Edition host Doug Tribou, Viviano reflected on his time on the bench and his reasons for leaving.
Doug Tribou: Your family’s involvement in the judiciary is notable. Your father and sister have both served in judicial roles. How did your father’s career shape your path in law?
Justice David Viviano: My father’s career had a profound impact on me. His journey from prosecutor to defense attorney, and eventually a judge, opened my eyes to public service. My parents’ dedication to politics and community improvement instilled in me the importance of making a difference.
DT: At a relatively young age, you’ve chosen not to seek reelection. What led to this decision?
DV: With a young family, financial considerations are significant, especially given the state of judicial compensation. Moreover, I’m not pleased with the court’s recent direction. My numerous dissents reflect my disagreement with both legal and administrative decisions, particularly post-COVID.
DT: Can you elaborate on your concerns regarding the court’s administrative decisions?
DV: Initially, I was drawn to the court’s focus on improving state court performances. However, post-COVID, there’s been a shift towards making Zoom hearings the norm. As a former trial lawyer, I find this counterproductive and foresee negative impacts on the justice system.
“I’m not exactly thrilled with the direction the court has taken the last few years. It should be no surprise because I’ve written many, many dissents.”
Justice David Viviano, who is in the conservative minority on the Michigan Supreme Court
DT: Despite your advocacy for technological advancements, you’re critical of Zoom hearings. Why?
DV: Local courts face varying resource challenges, affecting their ability to conduct Zoom hearings effectively. Additionally, inconsistent internet access among litigants creates inequality, which is concerning for a court system serving the public broadly.
DT: The pandemic has led to numerous legal cases, such as the one involving fitness centers in Michigan. What was your perspective on the unresolved legal questions in that case?
DV: The COVID-related litigation often seems to be brushed aside, which I disagree with. In the fitness center case, the unclear application of the Penn Central test presented an opportunity to clarify legal standards, which was missed.
“I think there’s interesting legal issues that aren’t being taken seriously because people kind of want to close the door on COVID and move to the next chapter.”
Justice David Viviano on the direction of the state Supreme Court
Other cases, like those involving university closures and tuition agreements, highlight unresolved questions about the implied contracts between students and universities.
DT: The court’s political landscape is shifting. Did this influence your decision to leave?
DV: Yes, it did. The court’s shift from a conservative rule-of-law approach is concerning. I hope the new justices will apply the law impartially, though future elections will ultimately reflect the voters’ will.
DT: Are there cases that stand out to you from your tenure on the court?
DV: Several cases come to mind, particularly those involving the Michigan Independent Citizens Redistricting Commission. My opinions aimed to balance transparency and legal adherence, even if they weren’t universally popular.
DT: Thank you for sharing your insights, Justice Viviano.
DV: Thank you, Doug, for the opportunity to reflect on my career.
Editor’s note: Some quotes in this article have been edited for length and clarity. You can hear the full interview near the top of this page.
—
Read More Michigan News
