Voters neglect high court race The Michigan Daily-Sunday, November 5, 1978-Page 15 Prop. K would extend ower to deny bail +Gilbert By ELISA ISAACSON The Michigan Supreme Court Justice hopefuls, their levers relegated to the bottom of the ballot on the voters' booth, are traditionally among the most neglected candidates in the election. Indeed, this supposedly non-partisan race-the candidates of which are nominted by party-is bewildering to many habitually straight ticket voters. "PEOPLE DON'T feel they know enough about judges," noted candidate Gary McDonald, attributing the problem to what he calls the "prohibition on taking a stand" on. issues. The candidates them- selves-Democratic nominees Mc- Donald and G. Mennen Williams and Republican nominees James Ryan and Alice Gilbert-appear to be alternately exploiting and ignoring their party af- filiations. Williams, an incumbent, insisted af- ter a Democratic luncheon at the Michigan Union Friday, that "I don't think there are any party politics in the courts." JUST THE evening before, however, the former Michigan governor had stood on a stage in Flint with President Carter and a host of other Democrats and urged Michiganders to "vote for the non-partisan Democratic can- didates-Gary McDonald and G. Men- nen Williams." While the hopefuls continue to deny party sentiments influence their per- formance on the bench, observers point out that there is a 4-3 voting split in the present Supreme Court-the Democrats having the edge. Republican incumbent Ryan has acknowledged the existence of the division, but says he feels it is "more of- ten not true." OAKLAND COUNTY Circuit Court Judge Gilbert claims she is "the only independent candidate in this race," but she has been endorsed by Ryan supporters who hope a defeat of Williams would "reverse the split." All four candidates have been cam- paigning throughout the state, citing respective judicial records as the reason each would be the best choice for justice. In addition, Gilbert has been leveling some accusations against the present court, drawing her evidence from a State Bar report. THE BAR HAS charged the court with failing to exercise proper leader- ship over the lower courts, and with creating congestion in those-lower cour- ts by taking too long to reach verdicts. Williams and Ryan both argue that the first accusation is somewhat inap- propriate, citing legalities which limit the Supreme Court's influence. While admitting that congestion is backing up the court system, the two incumbents say the problem is being caused by a recent influx of cases, and claim they are actually reviewing more cases now to keep up with the rush. McDONALD,. A Circuit Court judge from Saginaw, is the only candidate who is not from the Detroit area, and feels a voice from another part of the state is needed on the Supreme Court. He also advocates computerization of the courts, based on a system he in- stalled in Saginaw. As election day approaches, all the candidates are asserting that it is ultimately their qualifications, and the way they put these qualifications to work, that will determine the election. However, Ryan states that "although there are always changes . . . I would not look for any dramatic, eye-catching developments in the court" over the next few years. . By MICHAEL ARKUSH Although it hasn't generated as much publicity as the three tax reform proposals, Tuesday's ballot initiative to expand a judge's right to deny bail to certain suspects has recently sparked state-wide controversy. The initiative, Proposal K, would amend the constitutional provision guaranteeing bail to all pesons except those charged with murder or treason to also exclude anyone charged with rape, armed robbery and kidnapping for extortion. JUDGES WOULD also be em- powered to refuse bail to a person ac- cused of a felony if he or she has already been convicted of two crimes involving violence within the previous 15 years, or is on bail, parole or probation for such a crime. However, the judge is required to set bail if a trial hasn't commenced within 90 days after bail is first denied. The proposal's supporters argue it would protect the citizens from a suspect who, although not convicted, has been charged with a crime from evidence showing some degree of Williams probablility. "I SUPPORT IT because it provides a further protection of the state' citizens from a possible, if not probable, criminal," said Oakland County Prosecutor L. Brooks Patterson. The initiative, placed on the ballot by the state legislature, has aroused the concern of the American Civil Liberties Union (ALCU). ALCU officials claim the proposal is a form of "pre-trial punishment" because the judge would be able to send suspects to jail before they have a chance to go on trial. "Two fundamental principles of our system of criminal justice are the presumption of innocence and that no one shall be subject to punishment until proven guilty. An arrest of accusation is not a basis for punishment; only a conviction can justify punishment" said Howard Simon, Michigan's ACLU executive director. Other civil liberatarians argue the measure would severely hinder the suspect's chances for acquital. They contend the accused would not have sufficient time to find the witnesses necessary to prove his or her innocen- ce. Ryan Colburn a tough battler despite late start By MARK PARRENT Despite delays caused by a Republican primary recount, C. William Colburn is managing to give Democrat Edward Pierce a run for his money in the race for the 18th District state senate seat of retiriig Republican Gilbert Bursley. Colburn did not become the official Republican candidate until about a' month ago because of the recount problems, but he says the delay ac- tually give him an advantage because of publicity surrounding the controver- sy. In addition, Colburn notes, the late start made his supporters feel a "sense of urgency." COLBURN'S campaign revolves around two major points. He says we have entered an "age of limits" where government must be held under strict controls, and contends his opponent is a "big spender" who is not in tune with the public's desire for government limitation. Secondly, Colburn charges that Pier- ce is lacking in state government ex- perience and is not really interested in state government anyway, except as a "stepping stone" for a congressional seat. The state senate seat "is the one thing that I aim for, it's the position that I'm looking at," said Colburn. BUT ALTHOUGH Colburn never ex- pressed a desire for the Congressional seat, there was talk in both parties several years ago of Colburn trying in 1976 for the congressional seat of Mar- vin Esch if Esch ran for the Senate. But such speculation was laid to rest when Colburn was upset in his bid for City Council reelection in 1974. Colburn, 39, is a speech professor at the University. He has served as a con- sultant to several corporations and unions, and contends this experience gives him a broader base than his op- ponent. He was also appointed by Governor Milliken to the State Water Resources Commission, where he was elected chairman. COLBURN SAID he has enjoyed strong student support during the cam- paign, a position, he contends, which would not have been possible several years ago. "The students (now) are much more level-headed and not so emotional," MSA takes first issue stands (Continued from Page 1) "they haven't sided with MSA on some crucial problems." "Brown has tried to help the students more than any other Regent, but we (MSA) and Brown have a major disagreement on divestment (from South Africa) and GEO (Graduate Em- ployees Organization). Waters hasn't been' the most active advocate of students, but we prefer Brownand Waters to Republican candidates (Gilbert) Bursley and (John) Axe," she said. sRUBIN EXPLAINED that Bursley opposes South African divestment, and CIA recruitment guidelines. Axe favors Headlee which Rubin claims is con- tradictory because it would hurt the University he would be serving. Union may be revamped Continued from Page 1f four-story building at the end of South University. LEBOW AND Larry Pulkownik, president of the Union, agreed that if the Regents approve the plan at their December meeting, they are "finally going to make a commitment for a student center." Said Pulkownik: "As far as I'm con- cerned, the Union is a student building. That's the bottom line of this." But Stanfield Wells, the Union's manager,aseesa different bottom line for' the 62-year-old building. Although he stressed he is supportive of changes which will "improve our ability to ac- commodate our constituents," Wells riffirmed a stance he has taken in the St. MSA endorsed Bullard and Pierce because of their strong pro-student stands. MSA opposed the Tisch amendment because, according to Rubin, "It would have a devastating effect on the quality of education and tenants' rights. It would cut the amount of money available to the University, and would provide a tremendous profit for lan- dlords without helping tenants." RUBIN ADDED that MSA thought the Headlee amendment would also hurt the quality of education. The Voucher Plan was opposed because it would give public funds to private schools, said Rubin. "The voucher plan deals with the symptom rather than the problem, because it doesn't provide a solution to problems such as supplementation," said Rubin. MSA President Eric Arnson said the endorsements were an important ac- tion because "MSA should speak on issues that effect the student body." SUBSCRIBE TO THE DAILY- Call 764-0558 University Committee Positions Positions are available for students on University Committees: University Coun- cil, Civil Liberties Board, Student Relations, State Relations and others. Information and applications at 3909 Michigan Union. Apply Daily 9-5 DEADLINE NOV.8 5 p.m. * Special education teacher-consultant for emotionally impaired and learning-dis- abled children. * Washtenow County Commissioner from Dis- trict 13 for six years. " Member of the following committees: * Affirmative Action Committee * Mental Health Board * Employment and Training Subcommittee