Court official: Bernstein's working from Middle East hasn't hurt Supreme Court

Beth LeBlanc
The Detroit News

An official overseeing Michigan courts said there's nothing different between a Michigan Supreme Court justice working from the Middle East or working within the state during a pandemic closure of courtrooms. 

State Court Administrator Tom Boyd said Friday that Justice Richard Bernstein has been able to do handle his full workload while juggling a disability advocacy role for three months in the Middle East — first in Dubai and now in Tel Aviv, Israel. 

The Michigan Supreme Court have been under a remote work policy since early in the pandemic, requiring justices and staff to work from outside the Lansing courthouse, Boyd said.

“During this time, Justice Bernstein has not missed a case call, public hearing, or conference with the other justices," Boyd said. "I have had no difficulty meeting or communicating with Justice Bernstein. In short, he has been very ably performing his judicial duties, as well as his SCAO administrative duties.

“I have seen no signs that anything is different; he continues to work remotely like everyone else" employed by the Michigan Supreme Court or State Court Administrative Office, he said. 

Michigan Supreme Court Justice Richard H. Bernstein.

Bernstein's remote work made headlines Wednesday and Thursday after The Jerusalem Post said he had been "stuck" in Dubai after Israel's borders were closed earlier this year. 

The 46-year-old blind justice rejected the account, noting he stayed in Dubai after he was asked to continue advocacy work there to increase cultural and disability awareness. He moved on to Tel Aviv in recent days and may do work in Uzbekistan next, Bernstein said. 

The Birmingham native has been receiving cases and participating in Zoom hearings with the high court throughout his time in Dubai, saying he sometimes working through the night to balance his advocacy work and judicial tasks.

Bernstein's remote work drew criticism from some Republicans, who argued the justice should be in the state while presiding over Michigan cases. 

The Michigan Constitution dictates that a justice who is removed from his domicile, or primary place of residence, beyond the area where he was elected has vacated his seat. 

But Bernstein argued his primary place of residence still is Birmingham and he plans to return once in-person work in Michigan resumes or earlier.

So long as a judge or justice has an intent to return, he or she has not moved his domicile, Dykema attorney Steven Liedel said Thursday on Twitter. 

"Participation in a Zoom-based court proceeding is no different if one is in Dubai, Windsor, or Ann Arbor," said Liedel, who served as legal counsel to Democratic former Gov. Jennifer Granholm.

​Tori Sachs, executive director of the conservative Michigan Rising Action, criticized the justice for living in a hotel with poor internet connection. She pointed to disruptions in hearings Wednesday and Thursday when Bernstein's call dropped and proceedings had to be stalled. 

Because Bernstein is blind, he has to call into Zoom rather than join by a computer. That arrangement, he said, is what leads to the dropped calls not his location or internet connection.

Bernstein said he'd been involved in spreading awareness about disabilities for several years, especially after speaking at the United Nations in 2017. An opportunity to expand that effort in the Middle East emerged recently after the signing of the Abraham Accords, which normalized relations among Israel and several Gulf states and Muslim nations.

Bernstein said he has declined any type of payment for his work and said it has not affected his duties with the high court.

Bernstein often participates in the court's Zoom hearings by phone because he cannot access Zoom. He said he is not aware of a court rule that would bar him from working in a different country while the court is meeting remotely.

"If we were doing court in person and I wasn’t there, of course that’s not acceptable. But right now, what difference does it make?” Bernstein said. 

"If you’re able to do it, why wouldn’t you want to change or make a difference?”

Boyd did not say whether there were any court rules preventing Bernstein from working in the Middle East during the pandemic-induced remote work era. 

The Michigan Constitution dictates that a justice who is removed from his domicile, or primary place of residence, beyond the area where he was elected has vacated his seat. But Bernstein argued his primary place of residence still is Birmingham and he plans to return once in-person work in Michigan resumes or earlier.

eleblanc@detroitnews.com