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Michigan Court of Appeals

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From Wikipedia, the free encyclopedia
Michigan Court of Appeals
Established1 January 1965
Jurisdiction Michigan
LocationDetroit (1st District)
Troy (2nd District)
Grand Rapids (3rd District)
Lansing (4th District)
Composition methodelection; appointment
Authorised byMI Const. art. VI, § 1
Appeals toMichigan Supreme Court
Judge term length6 years
Number of positions25
WebsiteMichigan Court Appeals
Chief Judge
CurrentlyElizabeth L. Gleicher
Division map

The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965. Its opinions are reported both in an official publication of the State of Michigan, Michigan Appeals Reports, as well as the unofficial, privately published North Western Reporter, published by West. Appeals from this court's decisions go to the Michigan Supreme Court.

History

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The court originally had only nine judges. The number was steadily increased by the Michigan Legislature to accommodate the court's growing caseload—to 12 in 1969, to 18 in 1974, to 24 in 1988, and to 28 in 1993.[1] In 2012, Michigan Governor Rick Snyder signed into law legislation which provided for the transition of each of the court's 4 election districts to 6 judges, which will bring the court back to 24 judges over time through attrition.[2]

Overview

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District I of the Michigan Court of Appeals is located in Cadillac Place, a State office complex in Detroit.

The court has 25 judges who are elected from four electoral districts for 6-year terms on a non-partisan ballot. Vacancies are filled by the governor. Judges or candidates who reach the age of 70 are not allowed to run for election.[3] Although the judges are elected in districts, they sit as one statewide court.[1]

Cases are heard by panels of 3 judges, similarly to the U.S. Courts of Appeals. Like most appellate courts, the Court of Appeals observes the principle of stare decisis, where a court's reasoning in its past precedents binds its present decisions. When a panel of the court disagrees with a prior precedent, it must abide by the earlier decision in deciding the case at hand. When a panel expresses its disagreement with a prior precedent, there is a mechanism to convene a special 7-member "conflict panel" (similar to the en banc procedure in the U.S. Courts of Appeals) that resolves the conflict between the earlier decision and the expressed desire of a panel of the court's judges to depart from that precedent. Unlike the circuits of the federal courts, the Michigan Court of Appeal's precedents apply are applied statewide regardless of the district in which an opinion is handed down.[1]

Districts

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The court has four electoral districts:

All four districts have offices in these locations, but the 2nd District in Troy does not have a courtroom. Due to the geographic size of the 4th District, the court will, on occasion, schedule a panel to hear cases in a northern Michigan city (such as Marquette, Petoskey, or Traverse City), for the convenience of the parties.[1]

Each district elects six or seven judges, but the judges on the various panels are not drawn from specific districts. There are also four case filing districts based around geographic proximity to the court's physical records; because of this, the lines of the electoral districts and case filing districts do not correspond.[4]

Current judges

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First district

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Judge Assumed office Term Ends Elected/Appointed Notes
Thomas C. Cameron 2017 2029 Appointed by Rick Snyder (R)
Noah P. Hood 2022 2027 Appointed by Gretchen Whitmer (D)
Kirsten Frank Kelly 2001 2025 Elected
Anica Leticia 2018 2027 Appointed by Rick Snyder (R)
Christopher M. Murray 2002 2027 Appointed by John Engler (R) Chief Judge: 2018-2021
Chief Judge pro tem:2008–2009;2015–2018
Michael Riordan 2012 2025 Appointed by Rick Snyder (R)
Kristina Robinson Garrett 2022 2029 Appointed by Gretchen Whitmer (D)

Second District

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Judge Assumed office Term Ends Elected/Appointed Notes
Mark J. Cavanagh 1989 2027 Elected
Kathleen Jansen 1989 2025 Appointed by Jim Blanchard (D)
Colleen A. O'Brien 2015 2029 Appointed by Rick Snyder (R)
Sima G. Patel 2022 2027 Appointed by Gretchen Whitmer (D)
Randy Wallace 2024 2025 Appointed by Gretchen Whitmer (D)
Adrienne Young 2024 2025 Appointed by Gretchen Whitmer (D)

Third District

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Judge Assumed office Term Ends Elected/Appointed Notes
Mark T. Boonstra 2012 2027 Appointed by Rick Snyder (R)
Kathleen A. Feeney 2023 2029 Elected
Philip Mariani 2024 2025 Appointed by Gretchen Whitmer (D)
Jane E. Markey 1995 2027 Elected
James Robert Redford 2018 2029 Appointed by Rick Snyder (R)
Christopher P. Yates 2022 2025 Appointed by Gretchen Whitmer (D)

Fourth District

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Judge Assumed office Term Ends Elected/Appointed Notes
Stephen L. Borrello, Chief Judge pro tem 2003 2025 Appointed by Jennifer Granholm (D)
Michael F. Gadola, Chief Judge 2015 2029 Appointed by Rick Snyder (R) Chief Judge pro tem: 2022–2023
Michael J. Kelly 2009 2027 Elected
Allie Greenleaf Maldonado 2023 2025 Appointed by Gretchen Whitmer (D)
Michelle M. Rick 2021 2027 Elected
Brock A. Swartzle 2017 2029 Appointed by Rick Snyder (R)

References

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  1. ^ a b c d "Court of Appeals History". Michigan Courts. The Michigan Supreme Court. Retrieved 24 September 2022.
  2. ^ "After signing law to shrink Court of Appeals, Snyder to add another judge". Detroit Free Press. Gannett. 25 May 2017. Retrieved 24 September 2022.
  3. ^ "Frequently Asked Questions". Michigan Courts. Michigan Supreme Court. Retrieved 24 September 2022.
  4. ^ "Case Filing District Map". Michigan Courts. Michigan Supreme Court. Retrieved 24 September 2022.
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