Michigan Supreme Court Justice Bernstein apologizes to Justice Bolden over hiring flap

LANSING — Michigan Supreme Court Justice Richard Bernstein apologized to fellow Justice Kyra Harris Bolden Monday for interfering in how she staffed her court chambers.

Bernstein, in a story first reported by The Detroit News, had strongly criticized Bolden, who was sworn in on Jan. 1 as Michigan's first Black woman on the state Supreme Court, for hiring a clerk who had been convicted of robbery and shooting at a police officer in 1994 but had gone on to become an advocate for improved prison conditions and worked for the State Appellate Defender Office after his 2008 parole.

Bernstein said he believes in rehabilitation but said the clerk, Peter Martel, should not be working for the court, due to his past actions. He also said he was not speaking to Bolden because they did not share the same values.

Martel resigned, but Bernstein, who is legally blind, also received considerable criticism, both for his public comments and for prompting Martel's resignation.

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“Today, I apologized to my colleague Justice Kyra Harris Bolden in-person at the Hall of Justice and she has accepted my apology," Bernstein said in a release issued by the court office. "I regret overstepping Justice Bolden’s hiring process and should not have disturbed her ability to lead her Chambers."

Both Bernstein and Bolden are Democratic nominees to the court. The justices are listed on the non-partisan section of the ballot.

Bernstein also apologized to Martel, noting he is not an elected official. "My actions invited people into his life in a way that he had not signed up for and he deserved more consideration," he said.

“I am committed to working with Justice Bolden in the coming years to advance our many shared values, including immediately working to expand opportunities in the legal field for those who have repaid their debts to society."

Bernstein said his priority now "will be to fulfill the confidence placed in me by the people of Michigan." He said he "will not take that for granted and will focus on evaluating each case based on its merits and the laws of Michigan, as the citizens of our state expect.”

It's not clear Bernstein's statement ends the matter.

"Nothing in Justice Bernstein’s statement accepts accountability for costing someone his job or affirms the critical life experience and value that returning citizens bring to the criminal justice conversation," state Rep. Laurie Pohutsky, D-Livonia, chair of the Michigan Progressive Women's Caucus, said on Twitter. "This is not an apology."

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.