MIRS: Marlinga asks Nessel to ignore Constitution

MIRS reports Judge Carl Marlinga wants Michigan AG Dana Nessel to allow him to run for office despite the state Constitution stating “[a]ny justice or judge of a court of record shall be ineligible to be nominated for or elected to an elective office other than a judicial officer during the period of his services and for one year thereafter.” 

NRCC Comment: “It’s not surprising that someone who was once indicted for giving a sweetheart deal to a convicted rapist in exchange for campaign contributions is now trying to violate the state Constitution.” – NRCC Spokesman Mike Berg

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Marlinga Asks AG If He Could Run For Congress

MIRS

February 22, 2022

Macomb County Judge Carl MARLINGA, who announced his retirement today, asked his state senator this month to ask the Attorney General to opine on whether the state constitutional’s ban on judges immediately running for another office applies to those running for Congress. MIRS initially found the request using FOIA Services Michigan. In some Macomb County Democratic circles, Marlinga is viewed as the most electable candidate to run for the new 10th Congressional District seat, which is made up of most of Macomb County and Rochester. 

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The state Constitution reads, “Any justice or judge of a court of record shall be ineligible to be nominated for or elected to an elective office other than a judicial officer during the period of his services and for one year thereafter.” However, the U.S. Supreme Court ruled in Term Limits v. Thornton that states can’t impose additional restrictions, such as term limits, on its representatives in the federal government beyond those provided by the Constitution.

Marlinga approached Sen. Paul WOJNO (D-Warren) about submitting the Attorney General question, which Wojno said he would do for any of his constituents in a similar position. “I’m not getting involved in anyone’s campaign,” Wojno said. “I don’t know if they believe it’s a high priority, but I don’t plan on getting involved in the matter any further than that.:

The race at this point includes civil rights activist Huwaida ARRAF and Warren City Councilmember Angela ROGENSUES on the Democratic side. Former Rep. Henry YANEZ’s name has been mentioned as a possibility, as well. 

The Attorney General’s office spokesperson says the letter is still in the review stage, meaning a decision hasn’t been made one way or the other.