When does a judge lose the perception of impartiality, at least when it comes to politically-tinged or liberal or conservative issues that might come before the court?
There may not be a clear answer, but Michigan Court of Appeals Judge Henry Saad's campaign contributions are certainly raising those questions.
David Ashenfelter in Bridge Magazine writes:
In 2012, the 65-year-old Bloomfield Township resident contributed an eye-popping $80,800 — more than half of his $151,441-annual salary — to Republican candidates and causes, according to the Sunlight Foundation, a national organization that promotes transparency in government.
The size of Saad’s contributions has raised eyebrows in Michigan where judges, at least in theory, are supposed to be non-partisan.
“I think Judge Saad has destroyed any pretense that he is non-partisan,” said Rich Robinson, executive director of the Michigan Campaign Finance Network, a non-profit watchdog group in Lansing. “He’s clearly a deeply committed partisan. I think you’d be able to predict his vote on any legal case with a partisan angle.”
Saad doesn't think he's done anything improper, and said so much in the article.
“I’m not ashamed of it,” Saad told Bridge magazine on Aug. 5. “Contributing money to a candidate for political office is a constitutionally protected First Amendment right. Although judges cannot publicly endorse a candidate, they can give money to candidates.”
Gov. John Engler appointed Saad to the Appeals Court in 1994, and he was elected for a six-year term in 1996, and was re-elected in 2002 and 2008. Prior to joining the bench, he was a partner at Dickinson, Wright, Moon, Van Dusen & Freeman, where he practiced law for 20 years.
Saad may not be so fond of Democrats.
Ashenfleter reports that in 2005, while George Bush was president, he lost a nomination to the U.S. 6th Circuit Court of Appeals after Senate Democrats labeled him a right-wing judicial zealot who was pro-employer and anti-worker. Saad denied the charges.
