Michigan Supreme Court

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Michigan Supreme Court

Michigansupremecourtseal.jpg
712 michigan hofj edit.jpg

Established
1836
Country
Michigan Michigan
 United States
Location
Lansing
Composition method
Non-partisan election
Authorized by
Michigan Constitution
Decisions are appealed to
Supreme Court of the United States
Judge term length
8 years

No. of positions

7 (including chief justice)
Website
Official Website
Chief Justice of the Michigan Supreme Court
Currently
Stephen Markman
Since
January 6, 2017

The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state capital.




Contents





  • 1 Operations

    • 1.1 Administration of the courts



  • 2 History


  • 3 Composition

    • 3.1 Current Justices



  • 4 See also


  • 5 References


  • 6 Further reading


  • 7 External links




Operations


Each year, the Court receives approximately 2,000 new case filings. In most cases, the litigants seek review of Michigan Court of Appeals decisions, but the Supreme Court also hears cases of attorney and judicial misconduct, as well as a small number of matters over which the Court has original jurisdiction.


The Court issues a decision by order or opinion in all cases filed with it. Opinions and orders of the Court are reported in an official publication, Michigan Reports, as well as in Thomson West's privately published North Western Reporter.



Administration of the courts


The Court's other duties include overseeing the operations of all state trial courts. It is assisted in this endeavor by the State Court Administrative Office,[1] one of its agencies. The Court's responsibilities also include a public comment process for changes to court rules, rules of evidence and other administrative matters. The court has broad superintending control power over all the state courts in Michigan.


Article 6, Section 30 of the Michigan Constitution creates the Michigan Judicial Tenure Commission. This is an agency within the judiciary, having jurisdiction over allegations of judicial misconduct, misbehavior, and infirmity. The Supreme Court is given original, superintending control power, and appellate jurisdiction over the issue of penalty (up to and including removal of judges from office).[2]



History


The Michigan Supreme Court can be dated back to the Supreme Court of Michigan Territory, established in 1805 with three justices. These justices served for indefinite terms. In 1823, the terms of justices were limited to four years.


The Michigan Supreme Court was the only court created by the first Michigan constitution in 1835. It had three members and each also oversaw one of the three judicial circuits, located in Detroit, Ann Arbor and Kalamazoo. The court needed a quorum of two to operate and members were appointed to seven-year terms by the governor with the consent of the senate. In 1838, Justice William A. Fletcher proposed a new plan for the court that the legislature approved. This increased the number of circuits to four and thus expanded the bench to four justices, but left the quorum at two.


In 1848, the court was expanded to five justices and the 1850 Michigan constitution provided that they be elected for six-year terms. In 1858, the Circuit Courts were split from the Supreme Court, so justices now only served on the Michigan Supreme Court and reduced its size to only four justices, one of whom was the Chief Justice.


In 1887, the court was expanded to five justices each serving for ten years. The court was again expanded in 1903 to eight justices serving terms of eight-years. In 1964, the new state constitution set the number of justices on the court at seven.



Composition


The Supreme Court consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot. Supreme Court candidates must be qualified electors, licensed to practice law in Michigan for at least five years, and under 70 years of age at the time of election. Vacancies are filled by appointment of the Governor until the next general election. Every two years, the justices elect a member of the Court to serve as Chief Justice.


The Michigan Constitution allows vacancies on the state Supreme Court to be initially filled by the Governor, with that appointee serving until the next general election, at which time the elected winner is seated to fill the remaining portion of the vacated term.[3]



Current Justices



Following the 2012 election, the court had a 4-3 conservative Republican majority, with Robert P. Young Jr. serving as Chief Justice. The resignation of Justice Diane Hathaway in January 2013 created a 4-2 majority, and her position was filled by David Viviano, a Republican appointed by fellow Republican governor Rick Snyder creating a 5-2 majority.[4]


The current Justices of the Michigan Supreme Court are:


























































Justice
Term began
Term expires
Reaches
Age 70
Appointing Governor
Party Affiliation
Law School Attended

Stephen J. Markman (Chief Justice)
Oct. 1, 1999
Jan. 1, 2021
June 4, 2019
John Engler / Elected
Republican

University of Cincinnati College of Law

Brian K. Zahra
Jan. 15, 2011
Jan. 1, 2023
January 9, 2030
Rick Snyder / Elected
Republican

University of Detroit Mercy School of Law

Bridget Mary McCormack
Jan. 1, 2013
Jan. 1, 2021
July 23, 2036
Elected
Democratic

New York University Law School

David F. Viviano
Feb. 27, 2013
Jan. 1, 2025
December 18, 2041
Rick Snyder / Elected
Republican

University of Michigan Law School

Richard H. Bernstein
Jan. 1, 2015
Jan. 1, 2023
November 9, 2044
Elected
Democratic

Northwestern University School of Law

Kurtis T. Wilder
May 9, 2017
Jan. 1, 2019
April 26, 2029
Rick Snyder
Republican

University of Michigan Law School

Elizabeth T. Clement
Nov. 17, 2017
Jan. 1, 2019
October 8, 2047
Rick Snyder
Republican

Michigan State University College of Law


See also


  • Judiciary of Michigan


References




  1. ^ "State Court Administrative Office". Retrieved August 2, 2017. 


  2. ^ Matter of Del Rio, 400 Mich 665.


  3. ^ Martin, Tim (January 8, 2013). "How Michigan Supreme Court opening will be filled in wake of Diane Hathaway departure". MLive. 


  4. ^ Cook, Jameson (March 3, 2013). "New Michigan Supreme Court Justice David Viviano talks about his historic appointment". Oakland Press. 




Further reading



  • Noto, Scott A. (2001). A Brief History of the Michigan Supreme Court. Lansing: Michigan Supreme Court Historical Society. 


  • Chardavoyne, David; Moreno, Paul (2015). Michigan Supreme Court Historical Reference Guide, 2nd Edition. Lansing, MI: Michigan State University Press. ISBN 1611861551. 


External links


  • Michigan Supreme Court

  • Michigan Supreme Court Commentary

  • Michigan Supreme Court Historical Society

Coordinates: 42°44′01″N 84°33′56″W / 42.733664°N 84.565431°W / 42.733664; -84.565431









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