2023 House Concurrent Resolution 8

A concurrent resolution to urge the Michigan Supreme Court to amend the Code of Judicial Conduct to require Michigan judges to make broader financial disclosures.

Whereas, In 2022, Michigan voters ratified Proposal 1, which amended Article IV, § 10 of the Constitution of the State of Michigan of 1963 to require all members of the Legislature, the Governor, the Lieutenant Governor, the Secretary of State, and the Attorney General to make annual financial disclosures. These officials are now required to make a detailed series of financial disclosures which are to be filed with the Department of State and made available to the public online; and

Whereas, Proposal 1 does not apply to members of the judiciary. However, it remains the case that judicial officers make decisions that affect the state. Moreover, transparency is in the best interest of the public. Voters and litigants should be aware of any potential financial conflicts of interest that judges have when ruling on cases; and

Whereas, While the Code of Judicial Conduct currently requires that Michigan judges make certain financial disclosures, it does not require disclosures that are as thorough or as easily scrutinized as those required by Proposal 1. For example, the Code of Judicial Conduct does not require that judges disclose their existing assets, the sources of their unearned income, or their liabilities. It also does not require that the disclosures that judges make be made available to the public online; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Michigan Supreme Court to amend the Code of Judicial Conduct to require that supreme court justices, judges of the court of appeals, and judges of any other court they deem necessary, make annual financial disclosures to at least the same degree of thoroughness, and with the same level of public accessibility, as the disclosures ratified by Proposal 1 into Article IV, § 10 of the Constitution of the State of Michigan of 1963; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Supreme Court.

AI Analysis – Experimental

The amendment would require Michigan judges to make more comprehensive financial disclosures, similar to those mandated for certain state officials by Proposal 1, which was ratified by Michigan voters in 2022. Proposal 1 requires members of the Legislature, the Governor, the Lieutenant Governor, the Secretary of State, and the Attorney General to file detailed financial disclosures publicly online. The resolution argues that, despite current requirements, judicial financial disclosures are not as thorough or publicly accessible as those required by Proposal 1. It suggests that supreme court justices, court of appeals judges, and other judges deemed necessary should disclose their financial information annually with the same level of detail and public accessibility. The resolution aims to enhance transparency and inform the public of any potential financial conflicts of interest judges may have.