- Michigan Supreme Court
Michigan Supreme Court
Established 1837 Jurisdiction Michigan
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 Number of positions 7 (including chief justice) Website http://courts.michigan.gov/supremecourt/ Chief Justice of the Michigan Supreme Court Currently Robert P. Young, Jr. Since 2011 Lead position ends 2013 Jurist term ends January 1, 2019
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and 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.
Each year, the Court receives over 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.
The Court's other duties include overseeing the operations of all state trial courts. It is assisted in this endeavour by the State Court Administrative Office, 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).
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 1837. 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.
Historically, the Michigan Supreme Court has held to a conservative judicial philosophy and is known as one of the more conservative state courts in the nation. Since the 1980s the court has applied a strict originalist approach to solving constitutional issues and in its rulings on interpreting state laws and statutes. As of the 2010 midterm election, the court currently is headed by a 4-3 conservative majority and Robert P. Young, Jr. is, as of January 5, 2011, the Chief Justice.
The current Justices of the Michigan Supreme Court are:
Name Elected/Appointed Term expires Appointing Governor Party Affiliation Law School Attended Chief Justice Robert P. Young, Jr. 1999 January 1, 2019 John Engler / Elected Republican Harvard University Law School Michael Cavanagh 1982 January 1, 2015 Elected Democrat University of Detroit Mercy School of Law Marilyn Kelly 1996 January 1, 2013 Elected Democrat Wayne State University Law School Stephen Markman 1999 January 1, 2013 John Engler / Elected Republican University of Cincinnati College of Law Diane Hathaway 2008 January 1, 2017 Elected Democrat Michigan State University College of Law Mary Beth Kelly 2010 January 1, 2019 Elected Republican University of Notre Dame Law School Brian K. Zahra 2011 January 1, 2013 Rick Snyder Republican University of Detroit Mercy School of Law
- List of Justices of the Michigan Supreme Court
- Noto, Scott A. A Brief History of the Michigan Supreme Court. (Lansing: Michigan Supreme Court Historical Society, 2001).
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