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3 Dems seek Mack seat, guv mum

ALPENA — A new judge should soon arise from among at least three Democrats hoping to be chosen by Gov. Gretchen Whitmer to preside over Alpena and Montmorency counties’ 26th Circuit Court.

The judgeship, left vacant when Judge Michael Mack announced his retirement after being suspended in mid-November amid an investigation by Michigan State Police for undisclosed reasons, will be filled by appointment of the governor for the remainder of Mack’s term.

Voters will choose a new circuit judge during the November 2020 election.

Mack was first appointed to a judgeship in 2003 by then-Gov. Jennifer Granholm, a Democrat. Whitmer is a Democrat.

Two Alpena defense attorneys, Joel Bauer and Lora Green, and Alpena County Prosecutor Ed Black have confirmed they submitted applications to the governor’s office. The deadline for submissions is 5 p.m. today.

Other possible applicants could not be reached for confirmation. The governor’s office was not able to share names of applicants and did not verify the number of applicants nor share the expected timeline for the appointment.

Once the application deadline is past, all applicants must go through a judicial appointment review process that includes the State Bar of Michigan. The Michigan Attorney General’s Office cautioned that that process will take a considerable amount of time.

Black declined to comment about what might change at the Prosecutor’s Office if he is appointed to the judgeship, stating that such conversation is better saved until after the governor’s decision is made.

According to Michigan Election Law, a vacancy in the prosecutor’s position is to be filled “by appointment by the judge or judges of that judicial circuit.”

In the event that Black is named to the circuit court judgeship, the then-vacant prosecutor’s position would presumably be filled by appointment of the circuit’s chief judge, according to the AG’s office.

The Michigan Supreme Court on Nov. 13 named Judge Benjamin Bolser, a Montmorency County probate judge, to a two-year term as chief judge of the 26th Circuit Court. Bolser immediately suspended Mack from the bench.

In a letter dated Nov. 11, Mack submitted a notice of retirement to the State Court Administrator’s office, effective Jan. 3.

The AG’s Office said Mack could recall his resignation as late as Jan. 2.

Black announced his intent to apply for the judgeship when the position first became vacant. He was first elected Alpena County prosecutor in 2009. Previously, he worked as an associate attorney in Alpena and part-time Montmorency County assistant prosecuting attorney for two years, preceded by two years as judicial attorney for the 26th Circuit Court from 2004 to 2006, a position through which he provided research and analysis and drafted opinions for the court.

Black received a bachelor’s in political science from Denison University in Granville, Ohio in 1998. He earned his law degree at Michigan State University in 2002. He was admitted to the bar in the same year.

Bauer submitted his application for the judgeship on Wednesday.

Admitted to the bar in 2003, Bauer has practiced exclusively in northern Michigan, representing criminal and family law cases in Alpena and eight surrounding counties. Bauer also handles expungements, personal injury, wrongful death claims, juvenile practice, and other types of law.

Bauer received a bachelor’s in social sciences from MSU in 1994 and his law degree from what is now the Western Michigan University Thomas M. Cooley Law School in 2001.

Greene, who indicated her intent to file an application shortly after Mack’s retirement was announced, was admitted to the bar in 1990. Green has lived in Alpena County since 1995 and opened her own law firm in 2003, where she specializes in probate and family law, real estate, and civil litigation.

Previous to moving to Alpena, Greene practiced criminal, civil, and family law in metro Detroit from 1990 to 1995.

Greene ran unsuccessfully for state representative against state Rep. Sue Allor, R-Wolverine, last year. She is currently the public administrator for Alpena County.

Greene’s bachelor’s degree, with an emphasis in finance and business, was earned at MSU and her law degree came from from Wayne State University Law School in 1990.

During the current vacancy, cases before the 26th Circuit Court are being seen by Bolser, along with retired and visiting judges.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.

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