Career
Markman served as Chief Counsel of the United States Senate Subcommittee on the Constitution and as Deputy Chief Counsel of the United States Senate Committee on the Judiciary from 1978 to 1985. He was then nominated to be a United States Assistant Attorney General, heading the Justice Department's Office of Legal Policy, by President Ronald Reagan and confirmed by the Senate. While serving as Assistant Attorney General, his office wrote a recommendation regarding the issue of possible reconsideration of the Miranda v. Arizona decision by the U.S. Supreme Court. When the Chicago Tribune criticized the recommendation, Markman responded with an opinion piece which the paper published entitled In Defense of Reconsidering Miranda; in this op-ed column, Markman argued for a more flexible interpretation of Miranda to bolster fair treatment of suspects in custody. He wrote:
| “ | The detailed report setting out my office's recommendations emphasized that changes in Miranda should be approached in the context of a general rethinking of policies concerning the questioning of suspects, which could include such reforms as videotaping or recording interrogations, imposing definite time limits on questioning, and prescribing specific rules concerning behavior and demeanor in questioning suspects. Measures like these would go far beyond the Miranda rules in ensuring fair treatment of suspects, but would predictably carry lesser costs to the public`s interest in effective police investigation. Conversely, no real progress can be expected in promoting either of these objectives in the context of custodial questioning so long as the myth persists that the specific procedures suggested in the Miranda decision must be regarded, for unexplained reasons, as sacrosanct and immutable. | ” |
After being nominated by George H. W. Bush and approved by the United States Senate, Markman served as a United States Attorney in Michigan from 1989-1993. He joined the private sector firm of Miller, Canfield, Paddock & Stone in Detroit, where he practiced until he was appointed to the 4th District Michigan Court of Appeals by Governor John Engler in 1995. He held that position until 1999, when Governor Engler appointed him to the Michigan Supreme Court. Michigan voters re-elected him to the position in 2000, 2004, and 2012.
Since 1993, Markman has taught constitutional law at Hillsdale College, where he holds the title of Distinguished Visiting Professor of Politics.
Markman has contributed to numerous legal publications and was a contributing editor at National Review. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court. Markman was sent to Ukraine by the State Department to assist in developing the country's post-Soviet constitution.
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