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.

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.

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.

The Court of Appeals has four different divisions:

• First District - Detroit
• Second District - Grand Rapids
• Third District - Lansing
• Fourth District - Marquette

Circuit Court

The Circuit Court is the trial court with general jurisdiction. In general, the circuit court has original jurisdiction over all civil cases with an amount in controversy of more than $25,000 and all felony criminal cases. (Felonies are crimes for which the accused, if convicted), could be sent to prison.

The Circuit Court is also has appellate jurisdiction from the District Courts and Municipal Courts (the lower trial courts - those of limited jurisdiction) and from the decisions of state administrative agencies.

There are 57 circuit courts in Michigan, divided up by county. Most counties have their own Circuit Court, but some smaller counties share a Circuit Court with one, two, or three other counties. Circuit Court judges are elected for six-year terms.

• 1st Circuit - Hillsdale
• 2nd Circuit - Berrien
• 3rd Circuit - Wayne
• 4th Circuit - Jackson
• 5th Circuit - Barry
• 6th Circuit - Oakland
• 7th Circuit - Genesee
• 8th Circuit - Ionia and Montcalm
• 9th Circuit - Kalamazoo
• 10th Circuit - Saginaw
• 11th Circuit - Alger, Luce, Mackinac, Schoolcraft
• 12th Circuit - Houghton, Keweenaw, and Baraga
• 13rd Circuit - Antrim, Grand Traverse, and Leelanau
• 14th Circuit - Muskegon
• 15th Circuit - Branch
• 16th Circuit - Macomb
• 17th Circuit - Kent
• 18th Circuit - Bay
• 19th Circuit - Benzie and Manistee
• 20th Circuit - Ottawa
• 21st Circuit - Isabella
• 22nd Circuit - Washtenaw
• 23rd Circuit - Alcona and Iosco
• 24th Circuit - Sanilac
• 25th Circuit - Marquette
• 26th Circuit - Alpena and Montmorency
• 27th Circuit - Oceana and Newaygo
• 28th Circuit - Missaukee and Wexford
• 30th Circuit - Ingham
• 31st Circuit - St. Clair
• 32nd Circuit - Gogebic and Ontonagon
• 33rd Circuit - Charlevoix
• 34th Circuit - Ogemaw and Roscommon
• 35th Circuit - Shiawassee
• 36th Circuit - Van Buren
• 37th Circuit - Calhoun
• 38th Circuit - Monroe
• 39th Circuit - Lenawee
• 40th Circuit - Lapeer
• 41st Circuit - Dickinson, Iron, and Menominee
• 42nd Circuit - Midland
• 43rd Circuit - Cass
• 44th Circuit - Livingston
• 45th Circuit - St. Joseph
• 46th Circuit - Crawford, Kalkaska, and Otsego
• 47th Circuit - Delta
• 48th Circuit - Allegan
• 49th Circuit - Osceola and Mecosta
• 50th Circuit - Chippewa
• 51st Circuit - Lake and Mason
• 52nd Circuit - Huron
• 53rd Circuit - Cheboygan and Presque Isle
• 54th Circuit - Tuscola
• 55th Circuit - Clare and Gladwin
• 56th Circuit - Eaton
• 57th Circuit - Emmet

The Family Division of Circuit Court is the family court and juvenile court division of the Circuit Court. It handles all cases regarding divorce, paternity, adoptions, personal protection actions (PPOs), emancipation of minors, treatment and testing of infectious disease, safe delivery of newborns, name changes, juvenile offenses, and child abuse and neglect.

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 (shared custody and visitation rights), 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 state trial court of limited jurisdiction, and 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. (Misdemeanors are crimes for 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 conducts an arraignment and 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 (if any) and collects bail.

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. In misdemeanor cases, the district court will conduct a trial and sentence the defendant if found guilty.

There are approximately 100 District Courts in Michigan. District Court judges are elected for six-year terms.

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 orders. It also orders treatment and care for mentally ill and developmentally disabled persons.

Court of Claims

The Michigan Court of Claims has exclusive original jurisdiction over cases in which a claim for more than $1,000 money damages is made against the State of Michigan. The Court of Claims is part of the 30th Circuit Court (Ingham County), and 30th Circuit judges are also judges of the Court of Claims. (This is because Lansing, the state capital, is located in Ingham County).

Claims for less than $1,000 may be filed with the State Administrative Board rather than the Court of Claims.

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

• Michigan Court System official homepage