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- Limited Jurisdiction Courts hear only specific kinds of cases:
- District Courts: Citizens have
more contact with the District Court than any other court. This is because the District Court
has exclusive jurisdiction over minor traffic cases, criminal cases
where punishment is less than one year, arraignments, bail, housing
evictions, payroll garnishments, small claims, and land contract
forfeitures.
- Municipal Courts: Only a few municipalities have chosen to retain a
municipal court rather than to change to a district court as listed
above.
- Probate Courts: Technically, the term “probate” refers to the process
of legally establishing the validity of a will. However, probate courts
and judges have jurisdiction over a wide variety of matters. Probate Courts have exclusive
jurisdiction in such matters as guardianships, commitment of mentally
ill persons, as well as supervision of the administration of wills,
estates, and trusts of deceased persons as well as emancipation of
minors.
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- General Jurisdiction Courts cover many areas of the law
- Circuit Courts: The Circuit Court has very broad powers over many areas
of the law. For that reason it is referred to as the trial court of
general jurisdiction. The Circuit Court has jurisdiction or control
over all actions except those given by the Constitution and state law
to another court. Generally this includes cases involving claims of
more than $10,000 and serious criminal cases.
- The Family Division of Circuit Court hears cases related to child
protection proceedings, juvenile proceedings such as child protection
and delinquency as well as adoption.
- Court of Claims: As a general rule, a state cannot be sued without its
consent. Michigan granted consent by establishing the Court of
Claims. The Court of Claims is
part of the 30th Circuit Court in Ingham county and has jurisdiction in
all claims against the State of Michigan over $1,000.
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- Circuit Court: The Circuit Court
hears cases appealed from other trial courts within it’s jurisdiction
and from some administrative agencies of state government as well.
- Court of Appeals: This is the
court where parties can go if they are not satisfied with the result of
their cases in Circuit Court. There are 28 judges on the Court of
Appeals. Three Court of Appeals judges form a panel to hear each case.
The decision of the panel is final except for those cases reviewed by
the Supreme Court.
- Michigan Supreme Court: To attain access to this court, attorneys
representing cases that have been decided by lower courts file an
application for “leave to appeal.” The Court decides whether or not to
grant leave to appeal and hear the case. If the Court denies the appeal, the
decision of the Court of Appeals stands.
- The Supreme Court is also charged with the general administrative
supervision of all courts in the
state. As part of that
supervisory role, the Court establishes rules for practice and
procedure in all the courts.
This includes the Michigan Court Rules (MCR) and Supreme Court
Administrative Orders.
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- Drug Courts: The mission of drug
courts is to stop the abuse of alcohol and other drugs and related
criminal activity. The judge, court administrator, prosecutor and
defender, along with representatives from treatment provider agencies,
law enforcement, probation services, and other community-based
organizations work together to develop a plan for treatment and
rehabilitation of chronic drug offenders.
- Family drug courts are emerging within the drug court field. The
Family drug court’s goal is to establish ways to protect children from
abuse and neglect often caused by substance abuse.
- Teen Courts: Teen courts are increasingly used by family division
judges for juveniles who commit minor offenses or are involved with the
judicial system as a first-time offender. The juvenile and the parents
must agree to have the case resolved by he teen court process.
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- Family Courts: The family court (generally a division of the Circuit
Court) handles all cases regarding divorce, paternity, adoptions,
personal protection actions, emancipation of minors, treatment and
testing of infectious disease, safe delivery of newborns, name changes,
juvenile offenses, and child abuse and neglect.
- Mental Health Courts: In a partial response to concerns regarding the
large numbers of individuals with mental illnesses in jails and
prisons, these courts were created to assist defendants with a history
of mental illness or who behave in a way that suggests they have a mental
illness. A mental health court typically has a dedicated judge, social
worker, probation officer, and court liaison to the treatment
community. Defendants have the right not to participate in the
mental health court but to remain instead on the criminal court docket
and try the merits of their case.
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- Michigan Court Rules:
- The Supreme Court adopts rules to govern Michigan's legal system and
the judges, lawyers, and other professionals who are charged with
preserving the integrity of that system.
- Local Court Rules And Administrative Orders:
- A trial court may adopt local court rules regulating practice in that
court. These rules are not to be in conflict with the Michigan Court
Rules and are created to regulate matters not covered by the court
rules.
- Legislation:
- The Legislative Branch of state government often enacts laws related to
the operation of the courts. It
then falls on the Supreme Court to establish guidelines as to how the
courts will comply with the newly enacted laws.
- Supreme Court Administrative Orders:
- Under the general direction of the Supreme Court, the State Court
Administrative Office assists Michigan's trial courts by providing
assistance and direction as to the trial court process through a set of
guidelines known as administrative orders.
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- Why does a judge wear a black robe?
- During the middle ages judges wore a robe, which was usually
green. By the 15th century,
scarlet robes were most popular. The custom of wearing a black robe may
have been adopted in the late 1600’s when English judges were mourning
the death of King Charles II.
- Why do people in the courtroom stand when the judge enters?
- Standing when a person of importance leaves or enters the room is a
sign of respect. When a judge enters or leaves the courtroom, all in
attendance are asked to stand.
- Why does a judge use a gavel?
- Our modern-day judge’s gavel finds its origin in 10th century
Scandinavian mythology. Thor was a god of the people, a friend of the
landowner and peasant alike. Thor was also the patron of justice. The
judge’s gavel owes its origin to the hammer symbol of Thor’s might and
authority.
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- The images of “Lady Justice” almost always depict a mature woman in
flowing robes. She carries a
sword, scales, and a law book.
- The sword stands for her power to inflict punishment for injustice. The scales represent her duty to
restore balance to society.
- Often times she wears a blindfold which shows that she does not judge on
the basis of appearances. She is a symbol of justice and the law.
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- The Family Independence Agency (FIA) is Michigan's public assistance,
child and family welfare agency. FIA directs the operations of public
assistance and service programs through a network of over 100 county
family independence agencies in every county in Michigan.
- A wide range of service programs is available for the families and
children of Michigan. They include protective and preventive services
for children who are neglected, abused, or exploited, including foster
care placement. The agency also provides a wide range of institutional
and non-institutional social services for the care, training, and
treatment of neglected and delinquent children committed to the agency
as state wards and temporary court wards.
- FIA works with the courts to provide services that support and assist
children and families in need.
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- Courts have traditionally been focused on moving a case toward
resolution. Given the
increasing caseload pressure over the years, we have used a variety of
innovative management techniques to improve efficiency. At times, court critics have claimed
that we resembled a judicial assembly line.
- If a court were a manufacturer or a retailer, this assembly line model
would have served us well. But,
the courts are first and foremost a service organization. We resolve society’s most important
disputes. The timing of dispute
resolution and caseload size will always be critical, but they are not
the only relevant measure of a court’s work.
- The Court touches hundreds of thousands of people at all different
points in their lives; marriage, divorce, civil disputes, crimes, and -
of course - parking tickets! That
is why our performance must be measured in terms of our court’s service
to its’ citizens
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- Michigan Supreme Court Website:
- www.courts.michigan.gov
- About U.S. Courts:
- www.uscourts.gov/about.html
- About Government: Judicial Branch
- www.aboutgovernment.org/judicialbranch.htm
- Courts To Classes Website:
- www.uscourts.gov/outreach
- Indiana Supreme Court Courts In The Classroom: http://www.in.gov/judiciary/education/
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Notes
