[nfbmi-talk] no justice in michigan

joe harcz Comcast joeharcz at comcast.net
Wed Nov 13 13:17:24 UTC 2013


Snyder signs court shake-up bill; Ingham judge says new law is 'payback' By Paul Egan Detroit Free Press Lansing Bureau Gov. Rick Snyder said today he has

signed Senate Bill 652, which shakes up the state court system, but said he did so with the understanding that amending legislation will be introduced

to address at least one of the concerns raised about the bill. The bill has immediate effect, meaning all of the roughly 100 lawsuits involving the state

of Michigan now in the Court of Claims in Ingham County will be shifted to Court of Appeals judges selected by the Michigan Supreme Court. The bill also

expands the jurisdiction of the Court of Claims, meaning an unknown number of other lawsuits against the state now in circuit courts around Michigan, also

will be moved to the revamped Court of Claims. An Ingham County Circuit Court judge reacted to the news by saying he is "very, very disillusioned at the

manner in which this legislation came about, the manner in which it was shoved down the throats of the people of Michigan and the damage it's going to

cause the entire judicial system. "This is nothing buy payback for having the gall to stand up to them," said Judge William Collette. Snyder told reporters

he doesn't know how many court cases now in state circuit courts will be moved to Court of Appeals judges as a result of the legislation that was rushed

through the Legislature in two weeks. But he defended the speed with which the bill was passed, even as he said he understands amending legislation is

on its way. Snyder said he doesn't know all the details of the "trailer bill," but said he understands it will protect the right to a jury trial for lawsuits

against the state that are now in the circuit courts. A jury trial was already not an option in the Court of Claims. Among the criticisms of SB 652 was

that it could deprive the right to a jury trial in civil rights lawsuits and other cases where trial by jury is normally an option. "I thought it was an

improvement over the existing practice," Snyder said of SB 652. "It's better to have a wider range of judges" hearing cases, but "I signed it with the

understanding there would be follow-up legislation. Proponents of the bill, sponsored by Sen. Rick Jones, R-Grand Ledge, said it makes no sense to have

the Court of Claims in a jurisdiction - Democratic-leaning Ingham County - elected by only 3% of state residents. Now, those cases and others will be heard

by one of four Michigan Court of Appeals judges selected by the Michigan Supreme Court, where Republican-nominated justices hold a 5-2 majority. Many legal

critics said there were problems with having the court in Ingham County, but said the cure is worse than the sickness in terms of partisan influence on

the court system. Critics also said the Court of Appeals is not well-equipped to act as a trial court and it's problematic to have appeals of decisions

made by Court of Appeals judges sent to other Court of Appeals judges, as will happen under the new law. 

 

 



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