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Donald Owens
Donald S. Owens was a judge on the Michigan Fourth District Court of Appeals. He was appointed to this position in 1999 by Republican Gov. John Engler, elected in 2000, and re-elected in 2004 and 2010.[1] His six-year term ended on January 1, 2017.[2][3]
Judge Owens was barred from running for re-election in 2016 by Michigan law, which requires that a judicial candidate be under the age of 70 when running for election.[4] His seat on the court was set to be discontinued upon his retirement.[4] However, Owens announced in October 2016 that he would resign the seat hours in advance of the end of his term. This would allow Michigan Governor Rick Snyder to appoint a successor.[5]
Education
Owens received his bachelor's and master's degrees from the University of Michigan and his J.D. from the University of Michigan Law School.[1]
Career
Owens served as judge of the Ingham County Probate Court from 1974 to 1999. Before that, he was in private practice in Lansing.[1]
Elections
2010
- Main article: Michigan judicial elections, 2010
Owens ran unopposed and was re-elected on November 2, 2010.[6]
Notable caes
RMGN proposal
In 2008, Reform Michigan Government Now (RMGN) put forward a proposal to reduce the Michigan Court of Appeals from 28 to 21 judges, based on term expiration dates, which would have shifted the court's political power from the Republicans to the Democrats. However, the proposal failed. Had the proposal passed, the court's political makeup would have changed from 16 Republican judges and 12 Democratic judges to 10 Republican judges and 11 Democratic judges--thereby eliminating six Republican judges and one Democratic judge. The judges targeted by the RMGN proposal were: Pat Donofrio, Joel Hoekstra, Donald Owens, David Sawyer, William Whitbeck, Kurtis Wilder and Helene White--the only Democrat affected by these suggested removals.[7]
Court rules in absentee ballot suit
The appellate court ruled that state election law does not give election clerks the authority to mail unsolicited applications for absentee ballots, according to Michigan Life. Further, Judges Donald Owens, Patrick Meter and Bill Schuette wrote that "mailing the applications to only those 60 and older 'undermines the fairness and evenhandedness of the application of election laws in this state.'" Carmella Sabaugh, a county clerk and Democratic nominee for Michigan Secretary of State in 2006, had mailed unsolicited absentee ballot applications to seniors in 2006. According to the article, "The court said Sabaugh did not mail applications to other groups of people who can qualify for absentee ballots such as those who need assistance at the polls, are out of town on Election Day or cannot attend the polls because of religious reasons."[8]
Court orders new trial
In a two-to-one decision, the Michigan Court of Appeals determined that because the jury was not notified that a victim of a traffic crash had been smoking marijuana, the conviction of Matthew Soars was be thrown out and he will stand in a new trial. Soares, who had been drinking, ran a stop sign and then collided into William Day, who was riding his motorcycle. Day subsequently died. "Accordingly, we conclude that the trial court abused its discretion in granting the prosecutor's motion to exclude evidence of Day's use of marijuana at the time of the accident, reverse defendant's conviction, and order a new trial," wrote Judges Donald S. Owens and Peter D. O'Connell in the majority opinion. But Judge Alton Davis voted that the conviction should stand. "Again, I conclude that this case presents a close evidentiary question, and the majority inappropriately substitutes its own judgment for that of the trial court," Davis wrote. "I would hold that the trial court did not abuse its discretion in excluding the evidence."[9]
Recent news
The link below is to the most recent stories in a Google news search for the terms Michigan Court of Appeals Donald Owens. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
- Meijer gets judge to hide papers
- Primary ruling likely to be delayed
- Court says Michigan's presidential primary unconstitutional
- New trial ordered in deadly drunk driving case because victim tested positive for pot
- Court rules against prisoner fighting parole board's lifer policy
Footnotes
- ↑ 1.0 1.1 1.2 Judge Owens Bio
- ↑ Michigan 2010 Unofficial General Election Results: Court of Appeals
- ↑ Michigan Constitution, Article VI, Section 23
- ↑ 4.0 4.1 LegalNews.com, "Court of Appeals judge fighting 'age discrimination'," February 29, 2016
- ↑ Bristol Herald Courier, "Unusual move by judge allows Snyder to pick replacement," November 29, 2016
- ↑ Michigan 2010 candidate list
- ↑ Democrats will take over on Michigan Court of Appeals
- ↑ Court rules against clerk in absentee ballot suit
- ↑ New trial ordered in death of Almont man
Federal courts:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Michigan, Western District of Michigan • U.S. Bankruptcy Court: Eastern District of Michigan, Western District of Michigan
State courts:
Michigan Supreme Court • Michigan Court of Appeals • Michigan Circuit Court • Michigan Court of Claims • Michigan District Courts • Michigan Municipal Courts • Michigan Probate Courts
State resources:
Courts in Michigan • Michigan judicial elections • Judicial selection in Michigan
