Also, while judges run on a non-partisan ballot, Serra was an officer in the Democratic Party before becoming a judge, and he had also served on the Detroit Human Rights Commission and as a referee for the Michigan Civil Rights Commission. In addition, he had been a panelist with Daisy Elliott on a recent League of Women Voters program, and he had also been to parties at her home.
Still, rather than recuse himself, Judge Serra announced frankly to the prosecutor and the defense attorneys that he had held a career-long admiration for Elliott, and he also promptly revealed his social connection with her.
The lawyers told the judge that Elliott was a witness, rather than an involved party. Moreover, due to Serra’s already well-established reputation as an impartial jurist, both sides expressed their confidence that he could be fair to everyone involved.
At the time, Serra was one of the newest judges on the 36th District Court. He had been a judge for less than a year, but he had already handled two cases involving judges from higher courts, and he helped train two of the three newer judges later appointed by Gov. Granholm. He stayed on the case.
The proceeding was called a preliminary examination. In a given period of time spanning a single week, Judge Serra conducted a grand total of 47 examinations of this type, and in 14 cases he ruled that a Detroiter who was facing felony charges had been unjustly accused.
The Republican-dominated Michigan State Legislature wants to eliminate preliminary examinations. It’s no surprise, of course, that Serra is unalterably opposed to this idea — and, as he points out, “At least 14 other Detroiters agree with me!” In Serra’s courtroom proceedings, there aren’t and never will be any out-state Republican-style “rubber stamps.”
I, too, am vehemently opposed to any legislative move to eliminate preliminary examinations, as well as being a big personal fan of Judge Serra, who led a team that successfully sued Gov. Engler to force him to call an election to fill a State House vacancy in Detroit.
As the co-director (with Rev. Arkles Brooks) of Detroit’s Team for Justice (TFJ), as well as having served as a TFJ board member, I have long been aware of Judge Serra’s unwaveringly fair and egalitarian rulings in the myriad preliminary examinations he has conducted.
In Daisy Elliott’s case, Judge Serra observed that there was clear evidence that the defendant had broken into her home, and the judge bound the defendant over to the Wayne County Circuit Court for trial. Ms. Elliott had been afraid to return home since the break-in, so Judge Serra asserts that this criminal act can be considered a form of domestic terrorism.
The defense attorney asked Judge Serra to release the defendant on personal bond. He told me, “This guy broke into Daisy Elliott’s house. That’s like breaking into Rosa Parks’ house or Coretta Scott King’s house — but breaking into anyone’s house is an invasion of their castle, no matter who they are.” He ordered a cash bond.
Says Serra: “I think judges should be unusually conscientious. We should always ponder our analyses and then ponder them again before we draw our conclusions. I seriously asked myself, Would I have ruled any differently if the person appearing before me had been someone other than Daisy Elliott, the civil rights icon? My answer to myself was clear: I am committed to treat everyone who comes before me in my courtroom as if he or she were Daisy Elliott.”
We need more judges — not to mention other public servants — with that philosophy.
Dr. John Telford may be contacted at john.telford@detroitk12.org and hear him on NewsTalk 1200, WCHB AM, Sundays at 1:30.
