Michigan Supreme Court

• Michigan Supreme Court
• Elections

Michigan Supreme Court
Court information
Justices:	7
Founded:	1805
Location:	Lansing, Michigan
Judicial selection
Method:	non-partisan election of judges
Term:	8 years
Active justices
Michael Cavanagh  •  Stephen Markman  •  Brian Zahra  •  Mary Beth Kelly  •  David Viviano  •  Robert P. Young, Jr.  •  Bridget Mary McCormack  •
Former justices

The Michigan Supreme Court is the court of last resort in Michigan. The Court is located in the Michigan Hall of Justice in Lansing, the state capital.

Justices

The current justices of the court are:

Judge	Term	Appointed by	Party
Justice Michael Cavanagh	1982-2015		Democratic
Justice Stephen Markman	1999-2013	Gov. John Engler	Republican
Justice Brian Zahra	2011-2015	Gov. Rick Snyder	Republican
Justice Mary Beth Kelly	2011-2019	John Engler	Republican
Judge David Viviano	2013-2014	Gov. Rick Snyder	Republican
Chief Justice Robert P. Young, Jr.	1999-2019	John Engler	Republican
Justice Bridget Mary McCormack	2013-2021		Democratic

Chief justice

Every two years members of the court elect one of their own to serve as Chief Justice.

Jurisdiction

The Court's term starts August 1 and runs through July 31 of the following year. Most cases involve review of Michigan Court of Appeals decisions, but the court also hears cases judicial misconduct, as well as some cases of original jurisdiction such as is the case in a bypass appeal. The court has broad superintending control power over all the state courts in Michigan.

Judicial selection

Seven justices sit on the court, chosen in non-partisan elections for eight-year terms. Should a vacancy occur, the governor may appoint a temporary justice. Though justices' and potential justices' political affiliations are not listed on state ballots, most are nominated by either the Democratic or Republican Parties; a few seek the court via a nominating petition.

Qualifications

To be a qualified candidate for the state Supreme Court, a person must have been licensed to practice law in the state for at least five years, and must be younger than 70 years old, the time of mandatory retirement. If a vacancy occurs, the governor of the state can appoint a temporary replacement, which lasts until the next general election. The newly appointed justice then must run for re-election to retain the seat.

Removal of justices

Michigan judges may be removed with impeachment by the house of representatives and conviction by the senate, the governor may remove a justice with "concurrent resolution" of two-thirds of both houses, or a justice may be removed with the recommendation of the Judicial Tenure Commission.

Caseloads

Fiscal Year	Case Filings	Case Dispositions	Clearance Rate
2010	1,960	2,054	105
2009	2,224	2,240	101
2008	2,402	2,422	101
2007	2,612	2,625	100
2006	2,517	2,543	101
2005	2,437	2,564	105
2004	2,255	2,215	98
2003	2,256	2,431	108
2002	2,180	2,052	94
2001	2,291	2,359	103
2000	2,159	2,302	107

Salaries

Yearly salary for both the associate justices and the Chief Justice is $164,610 as of January 2010.

Notable decisions

20th century

Government liability

In its 2008 decision Estate of Chantell Buckner v. City of Lansing, the court ruled that the City of Lansing was not liable for the injuries sustained by two girls walking on public property. "In Michigan, governmental agencies such as cities enjoy immunity from tort liability except for six specific scenarios. One such exception is known as the "Highway Exception" and is explained by MCL 691.1402(1), which states that a governmental agency 'shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel.' The section goes on to explain that an individual who is injured 'by reason of failure of a governmental agency to keep a highway ... in reasonable repair and in a condition reasonably safe and fit for travel' may recover from the governmental agency for those injuries. Importantly, MCL 691.1401 expressly includes sidewalks in the definition of 'highway.' The City of Lansing brought a motion to dismiss the case based on the argument that no actual structural defect existed in the sidewalk’s construction." The Michigan Supreme Court reversed the lower courts' decision on April 25, 2008. The three dissenting Justices were led by Justice Elizabeth Weaver. Weaver concluded that this expansion of governmental immunity "in a one-page order, instead of a full opinion, appears to be an attempt by the majority to conceal its latest example of judicial activism by unrestrained statutory interpretation." Writing for the majority in a concurring opinion, Justice Stephen Markman noted that Justice Weaver's arguments had "the potential to mislead future litigants and which seek to replace the policy determinations of the Legislature... with those of Justice Weaver."

Homeschooling

In People v. DeJonge (1993), the court held that Michigan parents have the right to homeschool their children. However, the court struck down the requirement that at least one parent be a certified teacher.

Human cloning

While the court has yet to hear a case on human cloning, the Michigan Court of Appeals has heard a case involving surrogacy. As the issue of surrogacy gained momentum in the late 1980s, the Appeals Court addressed the constitutionality of Michigan's "Surrogate Parenting Act," during the 1992 case Doe v. Attorney General. "In Doe, infertile couples and prospective surrogate mothers sought a declaratory action interpreting the Surrogate Parentage Act as invalid and unconstitutional due to an alleged violation of the 'due process guarantee of freedom from government interference in matters of marriage, family, procreation, and intimate association.'"

The Court of Appeals rejected plaintiffs’ claim of a due process violation, reasoning that 'the Legislature [had] a compelling state interest sufficient to justify intrusion into plaintiffs’ right to procreate in the surrogacy context.'"

The Court went on to determine that the Legislature "had three compelling reasons that justified the government intrusion." First, the Legislature had an interest in preventing children from becoming mere commodities. Second, the Legislature had a concern with the best interests of the child born to a surrogacy arrangement. Third, the Legislature had a compelling interest in preventing the exploitation of women. Ultimately, the Michigan Court of Appeals held that the Act stood for the following propositions:

• 1. A surrogate parentage contract is void and unenforceable per MCL 722.855.
• 2. A surrogate parentage contract entered into for compensation is unlawful and prohibited by MCL 722.859.
• 3. For a surrogate parentage contract to exist there must be present the elements of (1) conception, through either natural or artificial insemination, of, or surrogate gestation by a female and (2) the voluntary relinquishment of her parental rights to the child.
• 4. A contract, agreement, or arrangement that does not contain both elements set forth in 3 above is neither void and unenforceable under MCL 722.855 nor unlawful and prohibited by MCL 722.859, even when entered into for compensation.

Abortion cases

In November of 1972, immediately prior to the Supreme Court's decision in Roe v. Wade, the people of Michigan overwhelmingly voted to uphold their ban on abortion--i.e. abortions were still considered illegal unless executed in order to save the mother's life (the ban had only been amended a few times since its inception in 1846, and with little consequence).

Per a white paper by Americans United for Life:

"In the decades since Roe v. Wade...the Supreme Court of Michigan has only addressed the question of abortion rights directly in two June 1973 companion cases: People v. Bricker and Larkin v. Calahan. In "Bricker", the defendant was charged and convicted of attempting to perform the abortion procedure in violation of Michigan’s penal code under section 750.14 of the Michigan Compiled Laws. Since the defendant’s crime had taken place in 1967, his appeal to the Court in 1973 was premised on the notion that Michigan’s pre-Roe... criminal ban on abortions was now inapplicable due to the U.S. Supreme Court’s rulings in those two aforementioned cases. The Bricker Court acknowledged that 'the judicial opinions filed by the United States Supreme Court in Roe....[is] binding upon us under the Supremacy Clause.' Yet, the Court held that in the case at hand the defendant was still criminally responsible under Michigan’s pre-Roe statutory abortion ban, section 750.14....Thus, the Bricker Court preserved section 750.14 so as to continue to attach criminal responsibility to those persons who would perform abortions--all persons, except that is, licensed medical physicians, in accordance with the Roe...[holding].

"In Larkin --the companion case to Bricker--...the Court held that section 750.14, as discussed in Bricker, was constitutional and applicable against all persons except licensed medical physicians. With regard to section 750.15, which expressly prohibited the providing, advertising, publishing, selling or publicly exposing for sale of any “pills, powder, drugs or combination of drugs” (i.e. abortifacients) used for procuring an abortion, the Court ruled this statute was also constitutional. Yet, the Court preserved section 750.15 because the statute--unlike the statutory language contained within section 750.14--specifically excluded physicians who could provide an abortifacient via prescription: '[It] would appear to be entirely consistent with the rationale of Roe v Wade. It makes the sale of drugs or medicines designed to produce abortion a medical rather than a commercial activity.'"

Assisted suicide

In 1994, the high court ruled on whether or not Michigan's ban on assisted suicides was constitutional. At the center of the cases in question (People v. Kevorkian; Hobbins v. Attorney General) were the actions of Jack Kevorkian for his participation in numerous assisted suicide procedures prior to the ban's enactment. "In their rulings, the Court held the assisted suicide provisions of section 752.1027 of state law were validly enacted and did not violate the state's constitution. Second, 'the United States Constitution does not prohibit a state from imposing criminal penalties on one who assists another in committing suicide.'" Further, "after a commission study, the Michigan Legislature established a permanent law criminalizing the act of assisted suicide in 1998 (section 750.329a). In November 1998, Michigan citizens voted overwhelmingly against a ballot measure that would have legalized assisted suicide in Michigan."

History of the court

Chambers of the Michigan Supreme Court

The Michigan Territory

On July 24, 1805 the first Supreme Court for the new Territory of Michigan was created. Its first Justices were Augustus B. Woodward, Frederick Bates, and James Witherell. From July 9 through October 8, 1805, a series of statutes, known as the Woodward Code, was created to serve as the basis of Supreme Court legal procedure in the Michigan Territory. Complaints about the inadequacies, including indefinite tenure, were corrected; in March of 1823, an act was passed that limited the terms of Supreme Court justices to four years.

The First Constitution

The Constitution of 1835 provided a Supreme Court with three justices, and one session of court was to be held in Wayne County, Washtenaw County, and Kalamazoo County. Justices were appointed by the governor with consent of the senate, and held terms of seven years. The court had original and appellate jurisdiction in common law and equity cases, as well as action of right and the extra legal remedies of mandamus, quo warranto, habeas corpus, and writs of certiorari over decisions made by the Circuit Courts. "On July 18, 1836, Governor Stevens T. Mason nominated fellow Democratic Party members William A. Fletcher, George Morrell, and Epaphroditus Ransom to be Chief and Associate Justices of the Michigan Supreme Court, respectively. Morrell was assigned to the first Circuit Court, Fletcher to the second, and Ransom to the third. Each appointee was approved by an almost unanimous vote in the Senate."

Early Flaws

The Michigan Constitution of 1850 made several changes to the Court, most significantly, the elimination of the separate Court of Chancery, the change from appointment of superior court Justices to popular elections, and a Supreme Court comprised of four members: one Chief Justice, and three associates.

Notable firsts

See also

• News: Michigan Supreme Court Justice Hathaway retires amidst claims of fraud and money laundering, January 8, 2013

External links

• Michigan's Big Four: An Analysis of the Modern Michigan Supreme Court
• House Joint Resolution: Article VI Section 24 Amendment to the State Constitution: Elimination of the "Incumbent" designation on judicial ballots
• Michigan Supreme Court won’t hear Detroit mayor’s appeal
• Michigan Court of Appeals Page
• Michigan's Court Page
• Michigan on Trial: Litigation Industry Looks to Recapture the Great Lakes State
• Discord erupts on Michigan Supreme Court
• Michigan judges face ethical issues over pay cut
• Supreme Court unanimously backs release of documents
• Proposal to re-write Michigan Constitution aims at taking Republicans out of office
• Trial Lawyers Target Three Michigan Judges Up for Election
• Salary Chart
• Notable Decisions by State
• The Detroit News, "Michigan Supreme Court picks Young as chief justice," January 5, 2011</ref>

References

Portions of this article have been taken from Wikipedia, the free encyclopedia. Copyright Notice can be found here.

2012

Candidates competed for two seats.

To organize the columns, click on the arrows in the column heading.

Candidate	Incumbency	Primary Vote	Election Vote
RoddisBob Roddis	No		2.79%   D
McCormackBridget Mary McCormack   A	No		23.59%   A
O'BrienColleen O'Brien	No		21.42%   D
KelleyConnie Marie Kelley	No		21.61%   D
DernDoug Dern	No		3.38%   D
MorganKerry L. Morgan	No		4.07%   D
MarkmanStephen Markman   A	Yes		23.1%   A

Candidates competed for one seat.

To organize the columns, click on the arrows in the column heading.

Candidate	Incumbency	Primary Vote	Election Vote
ZahraBrian Zahra   A	Yes		49.54%   A
BarryMindy Barry	No		8.73%   D
JohnsonShelia Johnson	No		41.72%   D

2010

See also: 2010 State Supreme Court elections

Incumbent Robert P. Young, Jr. defeated challenger Denise Langford-Morris

Michigan Supreme Court 2010 General election results
Candidates		Votes	Percent
Robert P. Young, Jr. (R)		n/a	56.62%
Denise Langford-Morris (D)		n/a	n/a

Incumbent Alton Davis was defeated by challenger Mary Beth Kelly.

Michigan Supreme Court 2010 General election results
Candidates		Votes	Percent
Mary Beth Kelly (R)		n/a	61.8%
Alton Davis (D)		n/a	n/a

2008

See also: State Supreme Court elections, 2008

Incumbent Clifford W. Taylor was defeated by challenger Diane Hathaway.

Michigan Supreme Court 2008 General election results
Candidates		Votes	Percent
Diane Hathaway (D)		n/a	49.3%
Clifford W. Taylor (R)		n/a	39.4%