State’s top court will have open seat in play
Viviano’s decision to exit adds to battle in November
Michigan Supreme Court Justice David Viviano announced Friday he will not seek reelection for another term on the state’s high court, issuing a statement saying he would part from the court when his current term expires at the end of the year.
Viviano’s announcement means there will be a vacant seat up for grabs this year during the November election. Along with Viviano’s term, Justice Kyra Harris Bolden’s term is set to expire at the end of the year, after she replaced former Chief Justice Bridget McCormack, who left the court in late 2022.
Viviano is currently one of three Republican-nominated justices on the seven-member court, along with Chief Justice Elizabeth Clement and Justice Brian Zahra. In a statement, he said it “has been the honor of my lifetime to serve as a member of the Michigan Supreme Court” and thanked his family and colleagues, while also acknowledging he disagreed with many of the court’s opinions in recent years.
“Although I have respectfully disagreed with many of the court’s decisions in recent years, it has been a privilege to participate in the discussion of legal issues of major significance to our state,” Viviano said. “I remain committed to the rule of law, and am optimistic about the future.”
While Michigan Supreme Court justices are technically elected through nonpartisan contests, to get on the ballot in Michigan, a candidate for the state Supreme Court must be nominated by a state political party at the party’s convention that year.
Viviano’s decision to not seek another term is notable, since generally, incumbent justices tend to have an advantage over challengers. The last time an incumbent justice lost a reelection campaign in Michigan was 2018, when Republican-nominated Justice Kurtis Wilder received fewer votes than Clement and current Justice Megan Cavanagh, who was nominated by Democrats.
State Rep. Andrew Fink, R-Hillsdale, had already announced he would seek a Michigan Supreme Court seat this fall. Michigan Court of Appeals Judge Mark Boonstra announced Monday he would seek the Republican nomination for one of the seats, as well. Kimberly Thomas, a professor at the University of Michigan Law School, and the director and co-founder of the university’s Juvenile Justice Clinic, is seeking the Democratic Party’s nomination.
Former Gov. Rick Snyder appointed Viviano to the Michigan Supreme Court in 2013, and Viviano successfully won reelection campaigns in 2014 and 2016. Before his appointment to the Supreme Court, Viviano was chief judge of the Macomb County Circuit Court and Probate Court.