Bill Text: MI HR0341 | 2021-2022 | 101st Legislature | Introduced
Bill Title: A resolution directing the impeachment of Jacob Cunningham, Judge of the Sixth Judicial Circuit Court of Michigan, for corrupt conduct in office.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-09-21 - Referred To Committee On Judiciary [HR0341 Detail]
Download: Michigan-2021-HR0341-Introduced.html
THIS RESOLUTION IS OFFERED TO COMPLY WITH ARTICLE XI, SECTION 7 OF THE CONSTITUTION OF THE STATE OF MICHIGAN OF 1963.
house resolution no.341
Reps. LaFave and Markkanen offered the following resolution:
Whereas, Article XI, Section 7 of the Constitution of the State of Michigan of 1963 states, in part:
The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office or for crimes or misdemeanors, but a majority of the members elected thereto and serving therein shall be necessary to direct an impeachment.
; and
Whereas, In his ruling issuing a preliminary injunction in Whitmer v. Linderman et al. (Case Number 2022-193498-CZ), Jacob Cunningham acted in conflict with his constitutional duties as a judge of the Sixth Judicial Circuit Court of Michigan. He has failed to uphold the Constitution of the State of Michigan of 1963 by violating the separation of powers himself and enabling the Governor to do the same by exercising legislative powers over existing Michigan law; now, therefore, be it
Resolved by the House of Representatives, That Jacob Cunningham, Judge of the Sixth Judicial Circuit Court of Michigan, is impeached for corrupt conduct in office and for crimes and misdemeanors. The following Article of Impeachment is adopted by the House of Representatives and shall be exhibited to the Senate:
ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MICHIGAN IN THE NAME OF ITSELF AND OF THE PEOPLE OF THE STATE OF MICHIGAN AGAINST JACOB CUNNINGHAM, JUDGE OF THE SIXTH JUDICIAL CIRCUIT COURT OF MICHIGAN, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR CORRUPT CONDUCT IN OFFICE AND FOR CRIMES AND MISDEMEANORS.
ARTICLE I
Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in part, "All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability."
Article III, Section 2 of the Constitution of the State of Michigan of 1963 provides, "The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution."
On August 19, 2022, Judge Cunningham issued a preliminary injunction at the request of Governor Gretchen Whitmer barring 13 county prosecutors from enforcing Section 14 of the Michigan Penal Code, Public Act 328 of 1931, MCL 750.14, which criminalizes the performance of an abortion unless it is necessary to preserve the life of the mother.
Judge Cunningham’s decision to issue a preliminary injunction in this case without an actual case or controversy challenging the application of the law was a direct violation of the explicit text of the state constitution by abusing his judicial power and encroaching into the legislative sphere. The judicial branch is limited to adjudicating claims that meet the justiciability doctrines of standing, ripeness, and mootness. Judge Cunningham’s behavior in exercising jurisdiction where he had none combined with his flippant and disdainful treatment of the defendants in this case demonstrate an egregious attempt to legislate from the bench to further his own political beliefs and usurp the legislative functions of the People of the State of Michigan and their representatives in the Michigan Legislature.
Judge Cunningham’s decision to improperly grant the Governor standing in this case is a direct violation of the explicit text of the state constitution. By allowing this case to proceed, he enabled the Governor to exercise legislative dominion over existing state law. Michigan courts have consistently found that the Michigan Constitution does not guarantee a right to abortion. As the Legislature has passed a law and the judicial branch has not declared it unconstitutional, the Governor’s duty is to uphold and enforce that law, not utilize executive and judicial resources to usurp the legislative functions of the People of the State of Michigan and their representatives in the Michigan Legislature.
The ruling disrupts the foundational principles of the state’s republican form of government, guaranteed to the people in both the state constitution and in Article IV, Section 4 of the Constitution of the United States. The power to legislate is exclusively reserved to the people and their representatives in the Michigan Legislature. Judge Cunningham’s abuse of judicial power to subvert a constitutionally sound statute in furtherance of his political ends is a corruption that if left unchecked erodes the stability created by our balanced three branches of government.
Wherefore, Jacob Cunningham, by such conduct, warrants impeachment and trial, and removal from office.
; and be it further
Resolved, That in accordance with Article XI, Section 7 of the Constitution of the State of Michigan of 1963, the House of Representatives will proceed with the election of three members from its own body whose duty it shall be to prosecute such impeachment and that these members are authorized and empowered to prepare and present the Article of Impeachment adopted by this resolution.
