Michigan Attorney General Dana Nessel has rejected a request from Macomb County Judge Carl Marling to comment on whether he can run for Congress immediately after resigning.

Nesel’s chief legal counsel, John VanDeventer, sent a letter today to Senator Paul War, D-Warren, asking Nesel to issue an opinion on whether Marling could run for Congress this year, despite the state constitution that forbids judges from running for office. for one year. leave the place. Marling’s last day as a district judge is Friday.

VanDaventer wrote in a one-page letter that the request was not justified because it did not involve government operations.

“The Attorney General gives priority to inquiries that affect the work of the state government,” he says. “If the request for an opinion seeks legal advice on behalf of or with the participation of a private or legal entity, the Attorney General should usually reject the request. I’m sorry we can’t help you further. “

Marling, who is considering a new seat in the 10th constituency, believes he may be eligible for a seat in connection with the U.S. Supreme Court ruling in the case of “Us Term Limits Inc. v. Thornton ”in 1995, which states that states may not add restrictions on federal elected representatives other than those provided for by the U.S. Constitution.

Richard Broton, a professor of law at the University of Detroit, said Wednesday that “opinions have the force of law and are binding on government agencies.”

Marling said Nessel’s decision today is “good news” because it “clears the way” for him to apply if he decides to do so. The application deadline is April 21. A confirmed conclusion would confirm his opinion, but the rejection of the proposal is also a positive result, he argued.

Judge Carl Marling is handling the case in Macomb County District Court. PHOTO OF MACOMB DAY

He said he made the request because Nessel is representing the secretary of state’s office, which will determine if he can appear on the ballot.

Marling, 75, of Sterling Heights, who has served in Macomb County and is a legacy judge for nearly 10 years, is considering his candidacy as a Democrat from the county, most of which is in Macomb County.

It contradicts the practice of retirement, which would include performing lucrative work in arbitration, mediation and mediation, as well as enjoying other benefits of less workload and spending time with the wife.

But on the other hand, serving in Congress would be “more significant”.

“It’s a good, financially profitable retirement life against a really tough company and less money, but something more significant,” he said.

40-year-old Republican John James, a businessman and military veteran, has announced his candidacy.

Democrat candidates include City Councilwoman Warren Angelena Rogensus and Huwaida Araf, a human rights lawyer.

Marling served as Macomb County Attorney from 1985 to 2004.

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