Ingham County Circuit Court. 30th Circuit Court - Ingham is located in Ingham county in Michigan. Thus, although PA 164 creates a situation whereby Court of Appeals judges are required, on a regular basis, to review the work of their colleagues,25 we find that plaintiff has not shown a clear affiliation between the decision-maker (one of the four Court of Claims judges), and the reviewing court (the remaining judges in the Court of Appeals), aside from the fact that the judges sit on the same court. To file a case in the Ingham County Circuit Court, you will need to fill out the appropriate forms and pay the required fees. View information about guardianships, conservatorships, estates, and mental health commitments in Ingham County Probate Court. POSTED ON 4/29/2023 AVAILABLE BEFORE 10/28/2023. See Lowe v. Estate Motors Ltd., 428 Mich. 439, 465, 410 N.W.2d 706 (1987). Auth., 468 Mich. 763, 767, 664 N.W.2d 185 (2003). See, Cooperrider, Governmental Tort Liability, 72 Mich. L Rev 187, 250256 (1973). As members of three-person panels, we are regularly tasked with the obligation of dissenting when we disagree with the legal reasoning or conclusions of our colleagues. Where the Court of Claims was created by legislation, the amendment of that legislation does not run afoul of the constitutional separation of powers doctrine. In plaintiff's view, the fact that PA 164 authorizes our Supreme Court to choose the four judges to serve on the Court of Claims, see MCL 600.6404(1), in contrast to the random draw plaintiff received at the Ingham Circuit Court, calls into question whether he will receive a neutral decision-maker. Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed since 1978, to this Court, where appeals from the Court of Claims are also heard. Copyright 2023 Ingham County. The legislature may provide for the combination of the office of probate judge with any judicial ofice of limited jurisdiction within a county with supplemental salary as provided by law [Const 1963, art 6, 15 (emphasis added).] The court address is 341 S Jefferson St, Mason MI 48854. This is an agency within the judiciary, having jurisdiction over allegations of judicial misconduct, misbehavior, and infirmity. Although plaintiff argues that PA 164 violates his right to a neutral decision-maker, plaintiff makes no specific suggestion that the four Court of Claims judges are biased, nor does he contend that the particular judge who has been assigned to this case is not a neutral judge. Plaintiff relies on Const 1963, art 6, 15, which involves probate courts, and provides: In each county organized for judicial purposes there shall be a probate court. MCL 600.308(4). PA 164, with its apparently unprecedented system of housing the trial court for state claims in the only appellate court of right, could contribute to distrust in the appellate process when it concerns Court of Claims matters. You further agree not to use the information provided for any unlawful purposes and you understand that we cannot confirm that information provided below is accurate or complete. Reviewing the work of a colleague is not unheard of in the judiciary; indeed, Conflict Panels on this Court and en banc proceedings in the federal Circuit Courts require some review of a colleague's decisions, albeit on a less frequent basis, and in a situation that is not entirely comparable to the direct review, as of right, of decisions under PA 164. San Francisco, CA 94102-3688, Ph: 415-865-7796 The transfer of the Court of Claims therefore does not, as plaintiff contends, diminish the jurisdiction of the circuit court. The information found in RecordsFinder search results originates from public sources, and is not These search results are not to be considered the . E-mail: PAJAR@jud.ca.gov, Office Hours: 9 a.m.- 5 p.m. any information gathered through Recordsfinder.com for any purpose under the FCRA, including but not limited to Initially, we observe that the addition of the independent Court of Claims has not impeded this Court from operating as the intermediate appellate court. Moreover, we disagree that PA 164 alters the jurisdictional character of the Court of Appeals as an intermediate appellate court. Salary Company Job Openings. The first is the rule of common understanding, which means that courts should give the interpretation that the majority of the people would give it. If you have questions about a case that is pending in the court or need to speak with a court staff member, you can call this number during regular business hours. More information regarding accessibility issuesas well as accommodations for individuals with disabilities, or those experiencing technical difficulties, can be found on our website by clicking this link. F. IMMEDIATE EFFECTCONST 1963, ART 4, 27. Bay. See generally Kyser, 486 Mich. at 535, 786 N.W.2d 543 (observing that the Court should not substitute its judgment for that of the Legislature in matters over which the Legislature is responsible). 2. of Tax Admin., 295 Mich. 674, 680, 295 N.W. 2023 CourtCaseFinder.com - All Rights Reserved. Objectively, although housing appellate review of Court of Claims cases in the very same court where the cases are heard at the trial court level appears, at first glance, strange, we are satisfied that it does not amount to such an extreme case as to require recusal of all Court of Appeals judges under the Due Process Clause. The Ingham County Prosecutors Office announced that resentencing hearings are taking place on Monday in Ingham County Circuit Court for Terrence Taylor and Alexis Smith. In addition, we reject plaintiff's contention that the Court of Claims is considered a division of the circuit court, thereby precluding the Legislature from interfering with the circuit court's jurisdiction. You understand that any search reports offered from this website will only be generated with the purchase of the report Similarly, this Court keeps a docketing system that is separate from that of the Court of Claims; no overlap in recordkeeping exists. On December 13, 2013, plaintiff filed the instant petition, the first such petition under MCL 600.308(4), to challenge PA 164.12. Quo warranto is an extraordinary remedy provided for by law. To the concern of many in the legal community, the bill was ushered through the Legislature with extraordinary speed and little allowance for discussion as to the wisdom of the proposed, dramatic changes to the Court of Claims system.5 The Senate passed and gave immediate effect to PA 164 on October 30, 2013;6 the House of Representatives did likewise on November 6, 2013.7 Governor Snyder approved the legislation, and PA 164 became effective on November 12, 2013.8. In late 2013, PA 164 was introduced to enlarge the jurisdiction of the Court of Claims and transfer it to this Court. PA 164 took effect on November 12, 2013, and on the following day, Judge Michael J. Talbot, Chief Judge of the Court of Claims, issued an order temporarily staying all Court of Claims cases. The Ingham County Circuit Court schedule can be found on the courts website. Although legally incorrect, the statute lends itself to lay criticism that an appeal as of right for Court of Claims cases is nothing more than a horizontal or lateral appeal. For criminal cases, the MiCOURT Case Search will currently only display case information for convictions if the sentencing occurred within the last seven years. In re Request for Advisory Opinion re Constitutionality of 2005 Pa. 71, 479 Mich. at 12. In making this argument, plaintiff cites, in cursory fashion, Const 1963, art 6, 8, which provides that: The court of appeals shall consist initially of nine judges who shall be nominated and elected at non-partisan elections from districts drawn on county lines and as nearly as possible of equal population, as provided by law. Courts may keep official records about cases in paper or electronic format. 1209, 39 L.Ed.2d 505 (1974). The judges are assigned to various divisions within the court, including the criminal division, civil division, family division, and probate division. Exceptions to the general rule occur where the constitution or a statute gives exclusive jurisdiction to another court or denies jurisdiction. Consequently, selected courts, such as municipal courts and the Court of Claims, are not constitutionally created, but instead are only constitutionally permitted, and derive all powers from the Legislature. See also MCR 2.003(C)(1)(b) (providing for the disqualification of a judge, based on objective and reasonable perceptions ); Cain v. Michigan Dep't of Corrections, 451 Mich. 470, 512 n. 48, 548 N.W.2d 210 (1996) (quotations omitted; emphasis added) (describing that recusal is appropriate where a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned.). of Comm'rs, 70 Mich.App. See id. Thus, plaintiff's facial challenge must fail. Once the temporary stay was lifted in the Court of Claims, plaintiff filed a second amended complaint, adding counts for breach of an investment contract purchasing service credit and breach of the Michigan Investment Plan contract. Michigan Dep't of Transp. Plaintiff neglects to explain how the transfer of Court of Claims' functions to this Court alters the general jurisdictional makeup of the circuit court. Klooster v. City of Charlevoix, 488 Mich. 289, 304, 795 N.W.2d 578 (2011). 15. Where a court is a creation of the Legislature, the legislation establishing that court guides the determination of the court's authority. There are eight judges in the Ingham County Circuit Court, each of whom is elected to a six-year term. The courthouse is easily accessible by car or public transportation, and there is ample parking available near the courthouse. The sentencing hearing drew national attention and resulted in significant changes to the way that sexual assault cases are handled in Michigan. MCL 600.308(1) details matters that are appealable as a matter of right. review and acceptance of our, https://recordsfinder.com/court/courthouses/mi/ingham/mason/30th-circuit-court-ingham. Additionally, Const 1963, art 6, 4 bestows the power of superintending control over all courts to the Supreme Court. Indeed, this Court can, and will, implement requisite screening procedures where necessary, and appellants in Court of Claims cases will receive an independent, impartial review. Copyright 2023, Thomson Reuters. See House Committee on Government Operations, Testimony From 11/5/2013, (accessed July 17, 2014). You understand and agree that full search reports will only be available after you register for an account or purchase a report. Kearney v. Bd. evaluating eligibility for personal credit, insurance, employment, or tenancy. Indeed, we decline plaintiff's invitation to engage in constitutional interpretation by negative implication. It is axiomatic that [a] fair trial in a fair tribunal is a basic requirement of due process. Caperton v. AT Massey Coal Co., Inc., 556 U.S. 868, 888, 129 S.Ct. The 30th Circuit Court is located in Ingham County, Michigan, and provides an online case search tool that allows you to search for cases that have been filed in the court. The circuit court's jurisdiction derives from the general jurisdiction imparted to circuit courts by the Michigan Constitution. In July 2013, plaintiff filed a verified class action11 against the state of Michigan in the Court of Claims alleging breach of contract due to taxation of his pension pursuant to 2011 PA 38. We have found no other court structure in the country similar to that set forth in PA 164. See Nichols v. Judge of Superior Court of Grand Rapids, 130 Mich. 187, 191, 89 N.W. You further authorize CourtCaseFinder.com to conduct a person search to identify preliminary results of the search subject you entered. Simply put, the legislative branch makes the laws, the executive branch executes them, and the judicial branch interprets and applies them in cases properly before the courts. The 30th Circuit Court schedule can be found on the courts website. This case was filed in U.S. District Courts, Michigan Western District. We review all requests for complaints and warrants involving violations of state law, Michigan State University, or County ordinances. 2095, 95 L.Ed.2d 697 (1987). Box 40771, Lansing, MI 48901-7971 (517) 483-6501 or (517) 483-6401 As a result of PA 164, pending Court of Claims matters were transferred for assignment among the four Court of Appeals judges sitting as Court of Claims judges. Plaintiff has failed to cite House Journal 96 of the session on November 6, 2013, which reflects that the requisite two-thirds of the representatives voted for immediate effect: Rep. Stamas moved that the bill be given immediate effect.

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