The Michigan Court of Appeals is a middle-level court that reviews decisions made by lower courts in the state of Michigan. It was established by the Michigan Constitution from 1963 and began working in 1965. The court's decisions are published in an official state report called Michigan Appeals Reports, as well as in a private, unofficial report called North Western Reporter, which is published by West. Decisions from this court can be appealed to the Michigan Supreme Court.
History
The court originally had nine judges. Over time, the number of judges increased to handle more cases. The number grew to 12 in 1969, 18 in 1974, 24 in 1988, and 28 in 1993. In 2012, Michigan Governor Rick Snyder signed a law that changed each of the court's 4 election districts to have 6 judges. This change will gradually reduce the total number of judges back to 24 as judges retire or leave the court.
Overview
The court has 25 judges who are chosen by voters in four areas of the state. These judges serve 6-year terms and are elected on a ballot that does not include political party names. If a judge position becomes empty, the governor appoints someone to fill it. Judges or candidates who are 70 years old or older cannot run for election. Even though judges are elected from different areas, they work together as a single court for the entire state.
Cases are decided by groups of 3 judges, just like the U.S. Courts of Appeals. Like most appellate courts, the Court of Appeals follows the rule of stare decisis, which means past court decisions guide current decisions. If a group of judges disagrees with a previous decision, they must follow the earlier ruling in the case. If a group of judges wants to change a previous decision, they can request a special meeting with 7 judges to resolve the disagreement. This process is similar to the en banc procedure used in U.S. Courts of Appeals. Unlike federal courts, decisions made by the Michigan Court of Appeals apply to all parts of the state, not just the area where the decision was made.
Districts
The court has four electoral districts:
- 1st District is located in Detroit
- 2nd District is located in Troy
- 3rd District is located in Grand Rapids
- 4th District is located in Lansing
Each district has offices in these locations, but the 2nd District in Troy does not have a courtroom. Because the 4th District covers a large geographic area, the court sometimes holds hearings in northern Michigan cities, such as Marquette, Petoskey, or Traverse City, to make it easier for people involved in cases.
Each district elects six or seven judges. However, the judges who serve on panels are not limited to judges from specific districts. There are also four case filing districts, which are organized based on their geographic location near the court's physical records. Because of this, the boundaries of the electoral districts and case filing districts do not match.