Established Fact
Denied plaintiffs in civil lawsuits the opportunity to obtain a fair and unbiased trial. Judge Kenny presided over 2 election cases – Costantino v City of Detroit and Stoddard et al. v City Election Commission of the City of Detroit. He did not allow plaintiffs to pursue discovery in either case. By directing all election cases to his court, he became the de facto arbiter of election crime in one of the most highly suspect election jurisdictions in the nation.
The Third Judicial Circuit of Michigan (Wayne County) has maintained a continuous standing rule — carried through successive Local Administrative Orders — directing that all actions involving election issues be assigned exclusively to the Chief Judge, bypassing random “by lot” assignment. This document compiles the operative directives in force from 2018 through 2022, their exact language, and key legal context.
Full Text of the Election Assignment Provisions
LAO 2017-08 (in force throughout 2018)
Chief Judge: Hon. Robert J. Colombo, Jr.
Section 1.c — All other appeals from lower courts and administrative agencies (AA, AE, AP, AV) and all other extraordinary writs…excluding the following:
- all actions involving election issues;
Section 2 — For the purpose of administrative efficiency, the following types of cases or proceedings shall be assigned to the Chief Judge:
- all actions involving election issues;
- all matters in which the Third Circuit Court is a party;
- all appeals from Wayne County Veteran Services determinations;
- all MCL 117.4q(17) appeals of an administrative hearing officer’s decision in a MCL 117.4q blight violation hearing; and
- the actions enumerated in 1.(e).
LAO 2019-02 (in force April 2019 – April 2022)
Chief Judge: Hon. Timothy M. Kenny · Rescinds LAO 2017-08
Section 1.c — …excluding the following:
- all actions involving election issues;
Section 3 — For the purpose of administrative efficiency, the following types of cases or proceedings shall be assigned to the Chief Judge:
- all actions involving election issues;
- all matters in which the Third Circuit Court is a party;
- all appeals from Wayne County Veteran Services determinations;
- all MCL 117.4q(17) appeals of an administrative hearing officer’s decision in a MCL 117.4q blight violation hearing; and
- the actions enumerated in 1.(e).
LAO 2022-04 (effective April 28, 2022 – December 2024)
Chief Judge: Hon. Timothy M. Kenny · Rescinds LAO 2019-02 / 2017-08
Section 1.c — …excluding the following:
- all actions involving election issues;
- all matters in which the Third Circuit Court is a party;
iii. all appeals from Wayne County Veteran Services determinations;
iv. all MCL 117.4q(17) appeals of an administrative hearing officer’s decision in a MCL 117.4q blight violation hearing; and
v. all MCL 28.425d appeals for the failure to provide a receipt, failure to issue a license, or the issuance of a notice of statutory disqualification to carry a concealed pistol. [New addition in 2022 version]
Section 3 — For the purpose of administrative efficiency, the following types of cases or proceedings shall be assigned to the Chief Judge:
a. all actions involving election issues;
b. all matters in which the Third Circuit Court is a party;
c. all appeals from Wayne County Veteran Services determinations;
d. all MCL 117.4q(17) appeals of an administrative hearing officer’s decision in a MCL 117.4q blight violation hearing; and
e. the actions enumerated in 1.(e).
The election-to-chief-judge assignment rule is authorized by MCR 8.111(B), which grants chief judges authority to establish case assignment systems. The Michigan Supreme Court’s State Court Administrative Office (SCAO) must approve all Local Administrative Orders before they take effect — each LAO in this series received SCAO approval.
In Davis v. Wayne County Election Commission (COA Docket No. 363604, 2023), the Michigan Court of Appeals reviewed the mechanics of reassignment after Chief Judge Kenny’s disqualification. The court stated explicitly: “Pursuant to Wayne Circuit Court Local Administrative Order 2022-04, all election issues must be reassigned to the chief judge.” The Court further analyzed MCR 8.111(C)(1), which provides that only the chief judge may order reassignment of a case by written order. Judge Sullivan’s reassignment order to Judge Lillard was found technically deficient under that rule, though harmless.
The Davis case also raised conflict-of-interest implications: when the chief judge is both the mandatory assignee for election cases and personally acquainted with (or a colleague of) the candidates at issue, the disqualification/reassignment procedure under MCR 2.003 becomes contested. This structural tension — a single judge holding gatekeeping authority over all election litigation — is a direct consequence of the directives catalogued here.
Citations
LAO 2017-08 — General Civil Case Assignments — https://www.3rdcc.org/Documents/Administration/Orders/2017-08%5EGeneral%20 Civil%20Case%20Assignments%5ERescinded%20-%20see%20LAO%202022-04%5E.pdf
LAO 2019-02 — General Civil Case Assignments — https://www.3rdcc.org/Documents/Administration/Orders/2019-02%5EGeneral%20 Civil%20Case%20Assignments%5ERescinds%20and%20Replaces%20LAO%202017-08%5E.pdf
LAO 2022-04 — General Civil Case Assignments — https://stage.3rdcc.org/Documents/Administration/Orders/2022-04%5EGeneral%2 0Civil%20Case%20Assignments%5ERescinds%20and%20Replaces%20Administrative%20Order%202017-08%5E.pdf
Docket Directive 2004-13 — Assignment of November 2, 2004 Election Matters — https://www.3rdcc.org/Documents/Administration/D ocketDirectives/2004-13%5EAssignment%20of%20November%202,%202004%20election%20matters%5E%5E.pdf
Third Judicial Circuit — Local Administrative Orders Index — https://www.3rdcc.org/publications/administrative-orders
Third Judicial Circuit — Docket Directives Index — https://www.3rdcc.org/publications/docket-directives
Costantino v. City of Detroit — Opinion & Order (Wikisource) — https://en.wikisource.org/wiki/Costantino_v._City_of_Detroit
Davis v. Wayne County Election Commission — COA 2023 (Justia) —https://law.justia.com/cases/michigan/court-of-appeals-unpublished/2023/363604.html
Davis v. Wayne Co. Election Comm. — In re Robert Davis (MI SOS) —https://www.michigan.gov/sos/-/media/Project/Websites/sos/CFR-Complaints/CFR-Complaints-4/In-re-Robert-Davis.pdf
LAO 2024-20 — General Civil Case Assignments (rescinds 2022-04) — https://www.3rdcc.org/Documents/Administration/Orders/2024-20%5EGeneral%20Civil%20Case%20Assignments%5ERescinds%20and%20Replaces%20LAO%202022-04%5E.pdf