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Engler seeks expensive legacy with early-out plan for judges

Date Posted: March 29 2002

As if John Engler hasn't left enough of an imprint on this state after 12 years as Michigan governor.

Now, the governor has devised a way to stack the judiciary for years to come, through a proposal to increase pension benefits for Michigan judges who choose to opt for early retirement.

If they do take the early retirement offer, Engler is then empowered by the Michigan constitution to make appointments to fill the vacant positions. Nearly one third of the state's 600 judges would be eligible for the early retirement offer.

"For the first time in history, the legislature is offering an early retirement package to elected officials," said Senate Democratic Leader John Cherry (D-Clio). "The governor is offering elected judges a huge gift that the state cannot afford in order to solidify his control before he leaves office."

Engler painted the proposal as an opportunity to encourage judicial support of his plan to reorganize state court boundaries and jurisdictions.

According to Cherry, as part of the incentive to take early retirement, judges would be able to retire at 80% of the their current salary if they have served at least 24 years. Under present law, the maximum is 60% of a judge's final salary after 16 years of service. For district and circuit court judges, that could mean an increase of nearly $28,000 per year.

"Whenever the discussion turns to raising unemployment benefits, Republicans are quick to claim that the state cannot afford to help working families," said Cherry. "But to give the Governor control of the courts before he leaves office, they are willing to give elected officials a $28,000 golden parachute."

The full Michigan Senate voted in favor of the proposal on March 13, but in order for the new law to take effect during Engler's final year in office this year, two-thirds of the Senate would have to vote in favor of it. That means that three Senate Democrats would have to vote in favor of the law, in addition to the entire Republican side. There has been no action on the bill in the House.