Seven justices serve on the Michigan Supreme Court, which focuses on reviewing decisions in the Michigan Court of Appeals. The Court oversees all of the lower courts in the state judicial system, and it has created the Michigan Rules of Court to govern their operation. It also has jurisdiction over cases involving alleged judicial misconduct. In some unusual situations, such as bypass appeals, the Court may hold original jurisdiction.
To serve on the Michigan Supreme Court, a candidate must be younger than 70, which is the mandatory retirement age in Michigan. They also must have been licensed to practice law in Michigan for at least five years. Each justice serves an eight-year term. They are elected in non-partisan elections, which means that their party affiliation does not appear on the ballot. The justices elect one of their members to serve as the Chief Justice every two years. If a seat becomes vacant before the end of a justice’s term, the Governor of Michigan will appoint a temporary justice to fill that seat. Their tenure will last until the next general election, when they must win an election to stay on the Court.
A justice may be removed from the Michigan Supreme Court through an impeachment process. This requires a majority vote by the Michigan House of Representatives and a two-thirds vote of conviction by the Michigan Senate. In other cases, the Governor may remove a justice from the Court based on a concurrent resolution by two-thirds of the members of both the House of Representatives and the Senate. In contrast to many states, a justice on the Michigan Supreme Court may not be removed based on a recommendation by the Judicial Tenure Commission. Only judges in lower courts may be removed in this manner.
Mays v. Snyder (Opinion - Leave Granted)
Date: July 29, 2020
157335, 157336, 157337
Justia Opinion Summary: Water users and property owners in Flint, Michigan (plaintiffs) brought a class action at the Court of Claims against defendants Governor Rick Snyder, the state of Michigan, the Michigan Department of Environmental Quali...
Meemic Ins. Co. v. Fortson (Opinion - Leave Granted)
Date: July 29, 2020
Justia Opinion Summary: Meemic Insurance Company filed suit against Louise and Richard Fortson, individually and as conservator of their son, Justin Fortson, alleging that Richard and Louise had fraudulently obtained payment for attendant-care...
Michigan v. Wood (Opinion - Leave Granted)
Date: July 28, 2020
Justia Opinion Summary: Keith Wood was convicted by jury of jury tampering, for having distributed a pamphlet promoting the concept of jury nullification outside the courthouse at which the pretrial hearing of a man named Andrew Yoder was sched...
Progress Michigan v. Schuette (Opinion - Leave Granted)
Date: July 27, 2020
Justia Opinion Summary: Progress Michigan filed a complaint against then Attorney General Bill Schuette in his official capacity, alleging that defendant violated the Michigan Freedom of Information Act (FOIA), and failed to preserve state reco...
Bisio v. City of the Village of Clarkson (Opinion on Application)
Date: July 24, 2020
Justia Opinion Summary: Susan Bisio sued the City of the Village of Clarkston for allegedly violating the Michigan Freedom of Information Act (FOIA). Bisio filed a FOIA request with Clarkston seeking documents related to city business, includin...
Sanford. v. Michigan (Opinion on Application)
Date: July 23, 2020
Justia Opinion Summary: Plaintiff Davontae Sanford filed suit against the state of Michigan, seeking compensation under the Wrongful Imprisonment Compensation Act (WICA). Another man confessed to the crimes committed in 2007 to which plaintiff...
Michigan v. Smith (Opinion on Application)
Date: July 21, 2020
Justia Opinion Summary: Defendant-appellee Derek Smith was convicted by jury on two counts of assault with intent to do great bodily harm (AWIGBH); three counts of assault with a dangerous weapon (felonious assault); one count of possession of...
Rafaeli, LLC v. Oakland County (Opinion - Leave Granted)
Date: July 17, 2020
Justia Opinion Summary: Rafaeli, LLC, and Andre Ohanessian brought an action against Oakland County, Michigan, and its treasurer, Andrew Meisner, alleging due-process and equal-protection violations as well as an unconstitutional taking of thei...
Michigan v. Vanderpool (Opinion on Application)
Date: July 13, 2020
Justia Opinion Summary: While conducting a probation compliance check on defendant John D. Vanderpool’s house, a probation agent found heroin. Defendant admitted that the heroin belonged to him. A few weeks later, defendant was arrested and was...
Skanska USA Building, Inc. v. M.A.P. Mechanical Contractors, Inc. (Opinion - Leave Granted)
Date: June 29, 2020
Justia Opinion Summary: Plaintiff Skanska USA Building Inc. served as the construction manager on a renovation project for Mid-Michigan Medical Center–Midland (the Medical Center); plaintiff subcontracted the heating and cooling portion of the...
Plaintiff v. Defendant
Date: June 22, 2020
Justia Opinion Summary: Arthur Jemison was convicted by jury of first-degree sexual assault, comitted in 1996. The victim underwent a forensic examination in 1996, and evidence was collected for a rape kit at that time. But the rape kit was not...
TOMRA of North America, Inc. v. Dept. of Treasury (Opinion - Leave Granted)
Date: June 16, 2020
Justia Opinion Summary: Plaintiff TOMRA of North America, Inc., brought two separate actions in the Court of Claims against the Michigan Department of Treasury, seeking a refund for use tax and sales tax that plaintiff had paid on the basis tha...
Honigman Miller Schwartz & Cohn, LLP v. City of Detroit (Opinion on Application)
Date: May 18, 2020
Justia Opinion Summary: Honigman Miller Schwartz and Cohn LLP filed a petition in the Tax Tribunal, challenging the income tax assessments issued by the city of Detroit for the tax years 2010 through 2014. The firm argued that under MCL 141.623...