Macomb County Judge Carl Marling has asked Attorney General Dan Nessel to issue an opinion on whether he can run for Congress before he is removed from office for a year.

State Sen. Paul Warren, D-Warren, sent a request on behalf of Marling on February 2 for Nessel to consider whether the U.S. Supreme Court’s decision overturns the Michigan constitution, which says a judge must wait one year after leaving office. position to run for public office.

Nessel spokeswoman Lincy Mukomel said the office received the request on Wednesday and is being considered.

Michigan Attorney General Dana NesselAP PHOTO FILE

Nessel’s opinion will affect whether Marling, who leaves his post as judge on Friday, will run for the new 10th constituency, where Republican John James is already running. However, the opinion of the Attorney General has no law.

Marling said Wednesday that he is 99% confident that the U.S. Supreme Court ruling in 1995 in the “Limits of Time Against Torton” case takes precedence over the one-year waiting period for a judge who takes office in the state constitution.

“There is no Michigan lawsuit on this issue. This is one of the questions that needs to be answered, ”Marlinga said. “Other lawyers tell me not to worry about it, but I’m worried. (But) I’m pretty sure 99% of the answer would be that I can run because the U.S. Constitution prevails over the state Constitution. ”

“Term Limits Against Thornton” says states cannot add qualifications to their federal elected representatives other than those provided for in the U.S. Constitution.

Marling said he was considering running for Congress, and that was a factor.

Marling’s request was criticized by Mike Berg of the National Republican Committee on Congress.

“It is not surprising that someone who was once accused of making a deal with a convicted rapist in exchange for contributions to the campaign is now trying to violate the state constitution,” Berg said in a written statement.

He was referring to the fact that Marling was acquitted in 2006 on five counts of federal corruption in connection with fundraising for his failed campaign in Congress in 2002. Marling served as Macomb County Attorney from 1985 to 2004.

The state constitution states, “Any judge or judge of a court may not be elected or elected to a position other than a judicial officer during his or her term of office and for one year thereafter.”

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