Michigan Court of Appeals

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.

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
Authorized 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

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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JudgeAssumed officeTerm EndsElected/AppointedAppointed byNotes
Thomas C. Cameron20172029AppointedRick Snyder (R)
Noah P. Hood20212027AppointedGretchen Whitmer (D)
Kirsten Frank Kelly20012025Elected
Anica Leticia20182027AppointedRick Snyder (R)
Christopher M. Murray20022027AppointedJohn Engler (R)Chief Judge: 2018-2021
Michael Riordan20122025AppointedRick Snyder (R)
Kristina Robinson Garrett20212029AppointedGretchen Whitmer (D)

Second District

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JudgeAssumed officeTerm EndsElected/AppointedAppointed byNotes
Mark J. Cavanagh19892027Elected
Elizabeth L. Gleicher20072025AppointedJennifer Granholm (D)Chief Judge, 2022–Present
Kathleen Jansen19892025AppointedJim Blanchard (D)
Colleen A. O'Brien20152029AppointedRick Snyder (R)
Deborah A. Servitto20062025AppointedJennifer Granholm (D)
Sima G. Patel20212027AppointedGretchen Whitmer (D)

Third District

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JudgeAssumed officeTerm EndsElected/AppointedAppointed byNotes
Christopher P. Yates20222025AppointedGretchen Whitmer (D)
Mark T. Boonstra20122027AppointedRick Snyder (R)
Jane E. Markey19952027Elected
James Robert Redford20182029AppointedRick Snyder (R)
Kathleen A. Feeney20232029Elected
Douglas B. Shapiro20092025AppointedJennifer Granholm (D)

Fourth District

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JudgeAssumed officeTerm EndsElected/AppointedAppointed byNotes
Stephen L. Borrello20032025AppointedJennifer Granholm (D)
Michael F. Gadola20152029AppointedRick Snyder (R)
Michael J. Kelly20092027Elected
Allie Greenleaf Maldonado20232025AppointedGretchen Whitmer (D)
Michelle M. Rick20212027Elected
Brock A. Swartzle20172029AppointedRick 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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