- Michigan Court System
-
The Michigan Court System consists of two courts with primary jurisdiction, one intermediate level appellate court, and a supreme court. There are several administrative courts and specialized courts.
The two primary courts are the District Court and the Circuit Court. The District Court hears cases involving less serious criminal offenses, while the Circuit Court hears the more serious criminal cases. In addition the Circuit Court is the appellate court for cases heard in the District Courts.
The Court of Appeals hears all appeals from the Circuit Courts and the other lower level courts.
The Supreme Court hears appeals from the Court of Appeals and administers all of the courts.
Contents
Constitutional Authority
The 1963 Michigan constitution in Article VI, Section 1, states
The judicial power of the state is vested exclusively in one court of justice which shall be divided into one supreme court, one court of appeals, one trial court of general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction that the legislature may establish by a two-thirds vote of the members elected to and serving in each house.
Supreme Court
The Michigan Supreme Court is the highest court in the state. It is known as Michigan's "court of last resort" since there is no further appeal from its decisions. It consists of seven justices, who are elected to eight-year terms.
Court of Appeals
The Michigan Court of Appeals is the second level appellate court. All appeals from lower courts are first heard by this court. Its decisions are subject to appeal to the Supreme Court. It consists of 28 justices, elected in four districts. The four districts act as one court since the court's precedents must be consistent statewide.
Court of Appeals hearings are held in Detroit, Grand Rapids, Lansing and Marquette. Hearings are held before a panel of three Court of Appeals judges and at least two of the three judges must agree on the ruling. The decision of the panel is final except for those cases which the Supreme Court reviews.
Circuit Court
The Circuit Court is the trial court with the broadest powers in Michigan. In general, the circuit court handles all civil cases with claims of more than $25,000 and all felony criminal cases which are cases where the accused, if found guilty, could be sent to prison.
The Circuit Court is the first level appellate court and hears appeals from the other trial courts or from administrative agencies.
There are 57 circuit courts in Michigan. Circuit Court judges are elected for six-year terms.
Family Division
The Family Division of Circuit Court handles all cases regarding divorce, paternity, adoptions, personal protection actions, emancipation of minors, treatment and testing of infectious disease, safe delivery of newborns, name changes, juvenile offenses, and child abuse and neglect.
Friend of the Court
The Friend of the Court office is part of the Family Division of the Circuit Court. It handles domestic relations cases where minor children are involved, including child support, parenting time, and child custody issues. There is an individual Friend of the Court office designated to each county in the state of Michigan which handles the various cases in that county.
District Court
The District Court is the court most people have contact with. The District Court handles most traffic violations, all civil cases with claims under $25,000, landlord-tenant matters, and all misdemeanor criminal cases which are cases where the accused, if found guilty, cannot be sentenced to more than one year in jail.
All criminal cases, for persons 17 years or older, begin in the District Court. The District Court explains to the defendant the charges, defendant's rights, and the possible consequences if convicted of the charge. The court also determines the bail amount and collects bail. If the defendant is charged with a misdemeanor the district court will conduct a trial and sentence the defendant if found guilty. In felony cases the District Court will set the bail amount and hold a preliminary examination to determine if a crime was committed and if there is probable cause to believe the defendant committed the crime. If so, the case is transferred to the Circuit Court for trial.
There are approximately 100 District Courts in Michigan. District Court judges are elected for six-year terms.
Small Claims
In addition, small claims cases are heard by a division of the District Court.
Municipal Court
The Grosse Pointes have chosen to retain a Municipal Court rather than create a District Court. These municipal courts have limited powers with their scope being similar to that of the District Courts.
Probate Court
The Probate Court handles proceedings concerning estates, trusts, guardians, conservators, and protective order. It also orders treatment and care for mentally ill and developmentally disabled persons.
Court of Claims
For cases filed against the State of Michigan in which a claim for money damages is made, there is a Court of Claims. The Court of Claims is part of the Ingham County Circuit Court. The Court of Claims handles only claims over $1,000 filed against the State of Michigan or one of its departments. Claims for less than $1,000 are filed with the State Administrative Board.
References
Most of the information in this article was retrieved (almost verbatim) from a government web site[1]. As such the text is in the public domain.
External links
Categories:- Michigan law
- Michigan state courts
Wikimedia Foundation. 2010.
