Michigan Constitution Article VI - JUDICIAL BRANCH

Here is a summary of Article VI – Judicial Branch of the Michigan Constitution:

Michigan Constitution – Article VI: Judicial Branch

Purpose:
This article outlines the structure, powers, jurisdiction, selection, and administration of the judicial branch of Michigan's state government.

Key Sections and Provisions:

1. Judicial Power

Judicial power is vested in:

One supreme court

One court of appeals

One trial court of general jurisdiction (the circuit court)

Other courts of limited jurisdiction (probate, district, etc.) as established by law.

2. Supreme Court

Composed of 7 justices, elected for 8-year terms.

The chief justice is selected by the justices.

Has general superintending control over all courts.

Responsible for rules of practice and procedure, and administration of the judiciary.

3. Court of Appeals

Serves as the intermediate appellate court.

Judges are elected or appointed based on vacancy and serve 6-year terms.

Jurisdiction and number of judges set by law.

4. Circuit Courts

Trial courts of general jurisdiction.

Handle civil, criminal, family, and juvenile matters.

Number of judges and circuits are determined by law.

5. Probate and District Courts

Have limited jurisdiction.

Probate courts: wills, estates, guardianships.

District courts: misdemeanors, traffic violations, civil cases under a threshold.

Judges are elected for 6-year terms.

6. Election and Qualification of Judges

Judges must be licensed attorneys.

Judges are elected on a nonpartisan ballot.

Mandatory retirement age: 70 years.

Governor fills vacancies until the next general election.

7. Judicial Tenure Commission

Investigates complaints of judicial misconduct or disability.

Can recommend discipline or removal of judges to the Supreme Court.

8. Court Rules and Administration

Supreme Court has authority to adopt rules for court procedures and administrative matters.

9. Removal and Discipline

Judges may be removed or disciplined by the Supreme Court on recommendation of the Judicial Tenure Commission.

 

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