Michigan Supreme Court bans affirmative action for juries

[Thom Little]

Judges in Michigan cannot use a person's race, gender, religion or nationality to select jurors under a new rule approved by the Michigan Supreme Court. The order, approved on a 4-3 vote, was released Friday.

It follows efforts by some Wayne County judges to have more racially representative juries. A study ordered by Wayne County Circuit Chief Judge Mary Beth Kelly found that 27 percent of those who report for jury duty in Wayne County are black, compared with 42 percent of the county population.

Four of the Supreme Court's five justices nominated by the Republican Party - Maura Corrigan, Robert Young Jr., Stephen Markman and Clifford Taylor - voted for the new rule. It takes effect Jan. 1.

The order said discriminating on the basis of race, color, religion, national origin or sex when selecting a jury "is prohibited even in cases where the purpose would be to achieve balanced representation."


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