E. Thomas Fitzgerald (Michigan)
E. Thomas Fitzgerald was a judge on the Second District Court of Appeals in Michigan. He was elected to this position in 1990, and was re-elected in 1996, 2002, and 2008. He retired from the bench in January 2015.[1][2]
Education
Fitzgerald earned both his undergraduate degree and his J.D. from the University of Detroit.[1]
Career
Before his election to the court, Fitzgerald was on the faculty of the Thomas M. Cooley Law School. He also worked as an attorney in private practice.[1]
Awards and associations
- Member, American Bar Association
- Member, State Bar Association
- Member, Shiawassee County Bar Association
- Member, Michigan Judges Association[1]
Noteworthy cases
Woman wins 5-year battle to see file
At 15, while suffering from a mental illness, "FG" found out that she was pregnant. She sought a judicial bypass from a Washtenaw County Probate Court judge so she could get an abortion without informing her parents or getting their permission. Years after the abortion, "FG" formally requested her court file--she wanted to learn "whether she actually agreed to the judicial bypass and the abortion, and whether any of her rights had been violated." Because of her medical condition, FG had only a vague memory of what had taken place during the probate court proceeding. In a November 23, 2004, opinion written by Judge E. Thomas Fitzgerald, and joined by Judge Joel Hoekstra, the Court reversed the Washtenaw County Probate Judge's decision to deny her request to see her file. Judge Jessica Cooper dissented.[3]
Canine sniff not a search under Fourth Amendment
In a 2-1 decision, the Michigan Court of Appeals overturned a district court ruling that suppressed evidence that had been obtained by using dogs to sniff outside a house for drugs. Police used the drug dogs' signal to obtain a search warrant to enter the residence, where they found marijuana and a gun. According to the Toledo Blade, Judges E. Thomas Fitzgerald and William B. Murphy, citing U.S. Supreme Court precedent, said a canine sniff is not a search as defined under Fourth Amendment law. They said there is no reasonable expectation of privacy at the entrance to property that is open to the public, including the front porch of a home. In dissent, Judge Stephen Borrello wrote, "A person's home is not some abstract place or location for which it is unclear whether the person has a reasonable expectation of privacy."[4]
Court invalidates suicide law
In a 2-1 decision in 1994, the Michigan Court of Appeals ruled that Michigan's law against assisting in a suicide was invalidated on technical grounds, according to the New York Times. In its ruling, the court cited a 1920 Michigan case in which a husband was successfully prosecuted for having murdered his wife by placing poison within her reach. In the 1994 decision, the court wrote that the 1920 court "held that aiding a suicide falls within the common-law definition of murder." The New York Times records that "the Michigan Court of Appeals said the state's assisted suicide law, which took effect February 25, 1993, was unconstitutional because it violated a provision of the Michigan Constitution that requires any bill to have a single object. The current law started out as a bill to establish a state commission to study the assisted suicide issue and make recommendations for an eventual law. It was later amended to make assisting in a suicide a felony punishable by up to four years in prison, in what lawmakers said was a deliberate attempt to stop Dr. Kevorkian from helping hopelessly ill people end their lives." Regarding the positions held by each judge, "Judge Clifford Taylor voted against Dr. Kevorkian on every count, including finding that the current assisted suicide law was fully constitutional. Judge Donald Shelton ruled in favor of Dr. Kevorkian on every issue, holding that there is a constitutionally protected right to commit suicide, while Judge E. Thomas Fitzgerald was the swing vote in every case."[5]
See also
External links
- The Blade, "Court relaxes guide for police dog drug search, can search private property," May 22, 2008
- Shiawassee Bar, "Thomas Fitzgerald"
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Second District Court Judges, "Biography of Judge Fitzgerald"
- ↑ Michigan Lawyers Weekly, "A sidebar with … Judge E. Thomas Fitzgerald," January 19, 2015
- ↑ Life Site News, "Woman wins 5-Year Legal Battle To See Court File on Abortion," December 2, 2004
- ↑ The Blade, "Court relaxes guide for police dog drug search, can search private property," May 22, 2008
- ↑ New York Times, "Michigan Court Invalidates Law Banning Aid for Suicide," May 11, 1994
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