Unjust Criticism Difficult to Overcome
Michigan Supreme Court Justices Richard Bernstein and Kyra Harris Bolden
A Michigan Supreme Court justice realized how poorly he and his behavior looked for questioning the judgment and decision of a fellow justice who chose to hire a former convict to serve as a law clerk.
Justice Richard Bernstein chose to issue a statement saying he has apologized in person to Justice Kyra Harris Bolden and that Harris Bolden has accepted his remorse.
Apologies are not always sufficiently thorough so it’s important to look at Bernstein’s expression of wrongdoing, whether it accomplished his objective and what can be learned from such emotionally-charged errors.
“I regret overstepping Justice Bolden’s hiring process and should not have disturbed her ability to lead her Chambers,” Bernstein said in regard to criticizing his fellow Justice for hiring Pete Martel, who was released from prison after serving 14 years for robbing a store and shooting at police officers.
Since his release, Martel had graduated from Wayne State University law school. Bernstein has additionally apologized to Martel.
Bernstein explained where he felt his emotions and communication went off course.
“Mr. Martel is not an elected official and my actions invited people into his life in a way that he had not signed up for and he deserved more consideration,” Bernstein said. “I am committed to working with Justice Bolden in the coming years to advance our many shared values, including immediately working to expand opportunities in the legal field for those who have repaid their debts to society,” the statement continued.
Pete Martel
However, Martel resigned after Bernstein’s criticism, with Bolden saying of Martel, “He did not want to be a distraction or in any way divert the court from its important work.”
Whether what Bernstein has communicated after his seemingly egregious communication was received well publicly is up for debate in the media and voters.
“Justice Bernstein’s comments go part of the way towards making reparations for his actions, but miss out on a crucial aspect of the situation,” says Susan Mackasey, founder and president at Mackasey Howard Communications, a public relations and strategic communications agency with a focus on reputation management.
“He was correct to specifically apologize to both Justice Bolden and Mr. Martel but his apology lacks a level of sincerity.”
Mackasey asserts that important details are missing from the statement of remorse and that could have lead observers and critics to find his stated regret more believable.
“His comments about building on the values he shares with Justice Bolden in an effort to make concrete changes in the future do not come across as sincere, as he would need to explicitly address the particular biases that led him to make the comments in the first place,” she says. “In addition, in order to win back the trust with his community, he should clearly indicate that he intends to learn from this situation and discuss what courses of action he intends to take to correct them.”
In brief, the communication is helpful yet it does not meet the criteria for excellence, missing an opportunity to be more impressive.
“His comments make clear that he is committed to moving forward as a professional,” Mackasey concludes, “but do not do much to suggest that is engaging in any sustained personal reflection.”
Michigan Supreme Court Justices Richard Bernstein and Kyra Harris Bolden
Martel gave up a high-profile career move so Bernstein's initial communication had a powerful negative impact on Martel.
A Michigan state senator, Stephanie Chang, in a tweet, spoke of her disappointment.
“I've known Pete Martel for at least a decade. He is a good man, smart & talented leader, and someone who deserved this chance. People who are formerly incarcerated shouldn't be shut out of key positions. We should value the skills & experiences of qualified people like Pete!”
Bernstein additionally placed himself in a dangerous place of unwanted optics, a man criticizing a woman's judgment and that man happening to be white and the woman, Black. Perceptions matter to the media and public.
“Justice Bernstein’s stated commitment to increasing his support for formerly incarcerated persons seeking opportunities in the legal field is only partly effective as a show of remorse,” Mackasey says, “as it demonstrates that he is willing to make some changes in his behavior, but does not detail exactly what actions he plans to take.
“He would benefit from laying out a specific course of action rather than restricting his comments to vague, general comments about the need to do better.
“The fact that Justice Bernstein is a white male in a position of power and Justice Bolden is a Black woman cannot be ignored,” she stresses. “Some members of the community have perceived Bernstein’s comments as reflecting racist attitudes, whether intentionally or not, and believe that his actions send a broader message to minority groups that their opinions and expertise do not matter.”
This behavior is interesting and partly puzzling on the surface.
“As a member of the blind community,” Mackasey says, “Justice Bernstein has championed the need for diversity and inclusion in the past. He would do well to reemphasize these core values and draw on his own experiences to display empathy to Bolden and Martel, as this would clearly demonstrate his commitment to the core values of inclusion and diversity going forward.”
The question remains as to whether Bernstein has said all that he should have, and done all that he can on this matter to make amends and improve the optics about his character and professionalism.
“I think the next step for Bernstein is to walk the walk,” Mackasey says, explaining how that could transpire.
“He should seek, on his own initiative, to meet with members of the affected communities and engage in open, direct, respectful dialogue with them.
“By making a personal connection to the community, Bernstein would more effectively show remorse while demonstrating that he has learned from his actions and is dedicated to partaking in a broader, more encompassing change.”
