CAIN v. DEPARTMENT OF CORRECTIONS

Docket Nos. 101628, 101736, Calendar No. 8.

548 N.W.2d 210 (1996)

451 Mich. 470

John Chappel CAIN, Raymond C. Walen, Jr., Elton Floyd Mizell, Paul Allen Dye, John Chandler Ewing, Delbert M. Faulkner, C. Pepper Moore, Ramon Cobos, and Ronald Simpson-Bey, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Mary Glover, Serena Gordon, and Susan Fair, on behalf of themselves and all others similarly situated, Intervening Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant-Appellee. John Chappel CAIN, Raymond C. Walen, Jr., Elton Floyd Mizell, Paul Allen Dye, John Chandler Ewing, Delbert M. Faulkner, C. Pepper Moore, on behalf of themselves and all others similarly situated, Plaintiffs, Mary Glover, Serena Gordon, and Susan Fair, on behalf of themselves and all others similarly situated, Plaintiffs-Intervenors, Appellants, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

Supreme Court of Michigan.

Decided May 21, 1996.


Attorney(s) appearing for the Case

John C. Cain, New Haven, Elton F. Mizell, John C. Ewing, C. Pepper Moore, Raymond C. Walen, Jr., Jackson, Paul A. Dye, Troy, Delbert M. Faulkner, Coldwater, Ramon Cobos and Ronald Simpson-Bey, Jackson, in propria persona.

Chiamp & Associates, P.C. by Charlene Snow and Deborah LaBelle, Detroit, for plaintiffs-intervenors-appellants.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and A. Peter Govorchin, Assistant Attorney General, Lansing, for defendant.

White, Przybylowicz, Schneider & Baird, P.C. by Thomas A. Baird and Kathleen Corkin Boyle, Okemos and Adkins & Garcia by James D. Adkins, Lansing, for amicus curiae Ingham County Bar Association.

Mark Granzotto, Detroit, for ACLU Fund of Michigan, Neal Bush, Detroit, for National Lawyers Guild, Jeffrey T. Meyers and Richard E. Shaw, Detroit, for Michigan Trial Lawyers Association, and John R. Minock, Ann Arbor, for Criminal Defense Attorneys of Michigan, amici curiae.


OPINION

MALLETT, Justice.

In this factually intricate case, we are asked, in an interlocutory appeal, to decide whether the judgment of the Court of Appeals, calling for the disqualification of a circuit court judge, is proper. Ingham Circuit Judge James R. Giddings1 denied the Department of Corrections' motion to disqualify himself. Chief Circuit Judge Peter D. Houk also denied the disqualification motion. The department appealed...

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