Returning citizens feel betrayed after Michigan Supreme Court justice blasts clerk hire

On Richard Bernstein's campaign trail, Ronnie Waters said he took to heart the Michigan Supreme Court Justice's promises to be fair, to work for equal justice under the law, to not discriminate against those who have been formerly incarcerated.

"It was all a blatant lie," said Waters, a former juvenile-lifer who was released from prison in 2020 after over 40 years of incarceration. "Judge Bernstein made it clear that everybody that smiles in your face does not hold your values, even when they say they do."

Bernstein, who was reelected in November, drew uproar from advocates for returning citizens after he strongly criticized his colleague, Justice Kyra Harris Bolden in an interview with the Detroit News, just days after she was sworn in as Michigan's first Black woman on the state Supreme Court. Bolden hired Pete Martel as her law clerk. Martel had been convicted of robbery and shooting at a police officer in 1994, but had gone on to become a fierce advocate for the incarcerated and formerly incarcerated and worked for the State Appellate Defender Office after his 2008 parole.

Bernstein said he believes in rehabilitation, but that Martel should not be working for the court because of his past, prompting Martel to resign. Bernstein has since apologized to Bolden for interfering in her staffing decisions and to Martel for not considering his privacy.

But for returning citizens like Waters, 60, of West Bloomfield, the apology was insufficient. The damage has been done, Waters said. Several returning citizens say they feel betrayed and insulted. Many have been organizing around Bernstein's comments in sadness and anger, strongly condemning them, and some even urging Bernstein to resign from his position.

"I thought he was in agreement with Justice Bolden when she said she really believes that if people do the time, come home and demonstrate that they changed their life, they deserve a second chance. Never did I ever expect him to blindside a Justice that he was in lockstep with for the whole summer and the whole fall," Waters said, of Bernstein, who campaigned with Bolden.

"As returning citizens, we know you have to put the work in to earn the trust of the community. Justice Bernstein also has to put the work in to regain the trust of the community."

And for returning citizens like Booker T. Walker, an organizer with Michigan Liberation — a criminal justice reform group that campaigned for and endorsed Bolden and Bernstein — Bernstein's statements felt "like a sucker punch."

Walker, 66, of Detroit, and other returning citizens knocked on thousands of doors for Bolden and Bernstein and organized a town hall for the justices to connect with the criminal justice community, including returning citizens.

"He's hoodwinking the community, bamboozling the community," Walker said. "It's more lies. Politicians say whatever they'll say to get elected."

Walker and Stephanie Crider, a community advocate, spoke of long-standing feelings among Black and brown communities that political parties use people in their communities to provide labor to help their campaigns and get votes, and in return, "we feel betrayed," Crider said.

Daryl Woods Sr., another organizer and returning citizen, had helped organize a visit with the advocacy group Nation Outside for pretrial detainees in Genesee County and judicial candidates, including Bernstein.

"He spoke to the inmates there about how fair and just he is, and encouraging them to vote for him. ... And he had returning citizens supporting him in droves," Woods Sr. said.

"I believed in him. To hear those words come out of his mouth, I was absolutely shocked. I was traumatized by it. His words were very hurtful, and I feel like they were hateful as well."

Bolden declined comment out of respect for Martel.

The Free Press reached out to Bernstein for comment and was told by John Nevin, communications director for the Michigan Supreme Court, that the justice is not doing interviews. Attempts to reach Martel were unsuccessful.

Numerous community organizers who advocate for the formerly incarcerated formed a coalition and held a news conference in Southfield on Thursday that emphasized respect for Black women and returning citizens.The coalition made a list of demands for Bernstein, including that he acknowledge the insensitivity of his comments to returning citizens; participate in a town hall discussion and an advisory committee with returning citizens; hire returning citizens into his staff; fundraise $1 million dollars for Bolden, and invest $50,000 toward Black women and community efforts for every year he holds his Justice position.

Advocates: Bernstein's comments have broader impact

It wasn't just that Bernstein criticized Bolden's hiring of Martel, returning citizens and community organizers told the Free Press. Also at issue are his statements to the Detroit News regarding police.

Bernstein called himself "intensely pro-law enforcement" while suggesting Martel should not be in a position of helping to make decisions on cases involving police officers. Advocates have called out his statements as hypocritical.

"He is on the highest court in our state making decisions that are supposed to be unbiased, when he's clearly biased. That’s the part that’s probably the most troubling," said Rick Speck, 52, of Romeo, another returning citizen.

"He’s already shown to me, and my community, that he can’t be impartial. The harm that he's caused can't be undone."

Ken Nixon, 36, of Detroit, who was exonerated in 2021, believes Bernstein shouldn't be involved in cases involving law enforcement..

"Is he going to recuse himself from all cases involving officer misconduct?" Nixon asked.

"It's funny to me that Richard Bernstein was so vocal on this specific situation, when just a few months ago we saw a Grand Rapids police officer shoot Patrick Lyoya in the back of the head, on camera, and Justice Bernstein was completely silent on that situation."

More:Christopher Schurr charged with second-degree murder in shooting of Patrick Lyoya

Community organizers like Alexandria Hughes noted that pro-law enforcement biases impact the courts in ways that shield police officers from accountability.

Hughes also perceived Bernstein's actions as an on "attack on Black women."

The Black Women Lawyers Association of Michigan wrote in a news release: "It is highly doubtful that Justice Bernstein would have made public comments about the hiring practices of one of his caucasian colleagues on the bench. However, we appreciate him unbridling his tongue to reveal his true nature."

The association also took issue with Bernstein saying in the Detroit News article he is "no longer talking" to Bolden and that they "don't share the same values." The group said the remarks create a hostile work environment for Bolden.

In Bernstein's apology to Bolden, he said he was committed to working with his colleague.

The association further expressed concern that Bernstein's comments about Martel show implicit and explicit bias, "which is contrary to the Judicial Code of Conduct."

On Tuesday evening, the Rev. Wendell Anthony of the NAACP spoke directly to Bernstein's statements at a monthly meeting of the Fannie Lou Hamer Political Action Committee.

"We should support people who succeed at redemption," Anthony said. "Many of us were troubled by the recent declarations of Justice Richard Bernstein. ... Many of us here have supported him."

Anthony ended with a prayer analogizing Bernstein as a crow, and Bolden as an eagle soaring above him.

Politics Editor Emily Lawler contributed to this report.

Andrea Sahouri covers criminal justice for the Detroit Free Press. She can be contacted at 313-264-0442, asahouri@freepress.com or on Twitter @andreamsahouri.

This article originally appeared on Detroit Free Press: Returning citizens feel betrayed after Bernstein blasts clerk hire