Michigan Supreme Court Justice Richard Bernstein Discusses Disability Rights

Michigan Supreme Court Justice Richard Bernstein, first elected to the high court in 2014, is the state’s first blind justice. In addition to his work on the bench, Bernstein is a prominent advocate for improving laws overseas to better protect those with disabilities. Before he was a justice, his practice focused on representing disabled clients. Among his many landmark achievements as an attorney was representing the plaintiffs in a lawsuit alleging Detroit was failing to maintain busses’ wheelchair lifts and denying disabled riders access to the fixed-route bus system. A 2005 settlement in that case required the city to maintain those lifts and ensure disabled riders access to the system. 

Bernstein is an avid runner who has completed more than 25 marathons and a full Ironman competition. During the court’s recess this year, he’ll teach a class at Beijing University. 

State Court Report talked to Bernstein about serving as a supreme court justice with a disability, the importance of empathy, advice he wished he’d been given as a law student, and more. This interview has been edited for clarity. 

When you were younger, what was your dream legal career? 

I always wanted to be a lawyer. Being a judge is something I love, but I didn’t plan on becoming one. That developed as life went on. The opportunity presented itself and I felt I could make a difference in this role. 

But I did always want to work in disability rights. I wanted to have an impact and do something to make life better for people. 

What is a particularly memorable case from earlier in your career, before you were a judge? 

The Detroit bus case was my first big case. The city was operating busses with broken wheelchair lifts — around 60 percent of the fleets had broken lifts. The outcome addressing the system’s faults served as the national precedent that established a bus system that people could use regardless of their disability. It was something that really helped people.

Since we’re talking big cases, what opinion stands out from your time on the Michigan Supreme Court?

I think my favorite opinion, or the most impactful or far-reaching, was the Flint water case, which I authored. [Ed. note: the case, Mays v. Snyder, involved allegations the government knew the city’s drinking water was contaminated.] The question was, does the government tort liability act apply to Flint water case victims? My opinion basically said yes. It gave people the right to sue the government. The case was both extremely impactful and very high-profile at the time. And hopefully it makes people’s lives a little bit easier. 

You have traveled widely to advocate for disability rights. Tell me about some of those locations and the type of work involved.

I’ve worked with different governments to create a better life for people with disabilities. I’ve been across the world — India, China and other parts of Asia, South America, Europe, and Africa. A speech years ago at the United Nations is what allowed this to happen. 

The United Arab Emirates was an effort I really enjoyed being a part of. I was able to work on the Abraham Accords and draft the disability component to that, working between Israel and the UAE — showing what was possible, what could be done, the benefits of these programs and services, and what can happen as a result of them. 

In all these places, once people realize that this is something they can do and it’s going to make a difference for people, most people get behind it. It gives people the inspiration to make changes that will help people. 

What are some of the changes you hope to inspire?

I hope to implement some of the same things we have in the United States, including creating educational and employment opportunities, really allowing people to have a chance they otherwise wouldn’t, and showing people through the press what can be accomplished and achieved. 

What do you like about being a state court justice?

I like the people I meet and that I can have an impact on the entire state. As a supreme court justice, I get to make a real difference for people who live here in Michigan. And that’s what I enjoy — that doing things at a state level gives you the opportunity to really help people. Literally every issue, everything you can imagine, comes to the state court. 

When you were first on the court, what were the challenges you faced? 

Well, being blind was a little bit of a challenge. I had to figure out how to work within the system. But people were so accommodating and the court was wonderful to work with. They couldn’t have made it easier. 

What are some of the things that you had to figure out? 

I have to memorize the cases for the conference. [Ed. note: The conference is a meeting during which the justices discuss pending cases and deliberate about how to rule.] I don’t get to look back at my notes like my fellow justices can. When they read the case history, it triggers in my mind the case we’re discussing. I can recall the case in its entirety after they do that. 

Being blind requires you to really understand and appreciate the material. It also makes you more empathetic and understanding. That’s the blessing of it. 

Are there any services you wish courts had to help those with disabilities? 

Judges just have to be more empathetic towards people with disabilities who come in front of them and understand the challenges that people with disabilities face when they go to court. Everything for a disabled litigant requires more work and effort. Judges could help lessen that burden just by being more sensitive to it. If people are more sensitive, it makes it much easier for everybody. 

Do you think that there are issues with access to the court itself or access to attorneys for those with disabilities?

Access in the civil justice system to good representation has always been a challenge and is more so a challenge for people with disabilities. It’s very difficult to gain representation when you’re struggling as a litigant. Civil representation is so critical. It’s just about finding more attorneys and legal services providers that are willing to take on cases pro bono.

What do you wish someone had told you in law school? 

Enjoy what you’re doing. Enjoy every day, every experience, and realize how fast it goes by. 

Erin Geiger Smith is a writer and editor at the Brennan Center for Justice.

Suggested Citation: Erin Geiger Smith (interview with Justice Richard Bernstein), Michigan Supreme Court Justice Richard Bernstein Discusses Disability Rights, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ(Jul. 21, 2025), https://statecourtreport.org/our-work/analysis-opinion/michigan-supreme-court-justice-richard-bernstein-discusses-disability