October 24, 2013, Introduced by Senators JONES, BRANDENBURG and MARLEAU and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 308, 841, 6404, 6407, 6410, 6413, 6419, 6421,
and 8304 (MCL 600.308, 600.841, 600.6404, 600.6407, 600.6410,
600.6413, 600.6419, 600.6421, and 600.8304), section 308 as amended
by 2012 PA 333, sections 841 and 8304 as amended by 2012 PA 338,
section 6410 as amended by 1986 PA 308, and sections 6419 and 6421
as amended by 1984 PA 212; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 308. (1) The court of appeals has jurisdiction on appeals
from
the following orders and judgments, which shall be are
appealable as a matter of right:
(a) All final judgments from the circuit court, court of
claims, and recorder's court, except judgments on ordinance
violations in the traffic and ordinance division of recorder's
court and final judgments and orders described in subsections (2)
and (3).
(b) Those orders of the probate court from which an appeal as
of right may be taken under section 861.
(2) The court of appeals has jurisdiction on appeal from the
following
orders and judgments which that
shall be reviewable only
upon application for leave to appeal granted by the court of
appeals:
(a) A final judgment or order made by the circuit court under
any of the following circumstances:
(i) In an appeal from an order, sentence, or judgment of the
probate court under section 863(1) and (2).
(ii) In an appeal from a final judgment or order of the
district court appealed to the circuit court under section 8342.
(iii) An appeal from a final judgment or order of a municipal
court.
(iv) In an appeal from an ordinance violation conviction in the
traffic and ordinance division of recorder's court of the city of
Detroit, if the conviction occurred before September 1, 1981.
(b) An order, sentence, or judgment of the probate court, if
the probate court certifies the issue or issues under section
863(3).
(c) A final judgment or order made by the recorder's court of
the city of Detroit in an appeal from the district court in the
thirty-sixth district under section 8342(2).
(d) A final order or judgment from the circuit court or
recorder's court for the city of Detroit based upon a defendant's
plea of guilty or nolo contendere.
(e) Any other judgment or interlocutory order as determined by
court rule.
(3) An order concerning the assignment of a case to the
business court under chapter 80 shall not be appealed to the court
of appeals.
(4) The court of appeals has exclusive original jurisdiction
over any action challenging the validity of section 6404, 6410,
6413, or 6419.
Sec. 841. (1) The probate court has jurisdiction and power as
follows:
(a) As conferred upon it under the estates and protected
individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.
(b) As conferred upon it under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
(c) As conferred upon it under this act.
(d) As conferred upon it under another law or compact.
(2) In a judicial circuit in which the probate court is
affected by a plan of concurrent jurisdiction adopted under chapter
4, the probate court has concurrent jurisdiction with the circuit
court or the district court, or both, as provided in the plan of
concurrent jurisdiction, except as to the following matters:
(a) The circuit court has exclusive jurisdiction over appeals
from the district court and from administrative agencies as
authorized by law.
(b) The circuit court has exclusive jurisdiction and power to
issue, hear, and determine prerogative and remedial writs
consistent with section 13 of article VI of the state constitution
of 1963.
(c)
The circuit court has exclusive jurisdiction to hear and
decide
matters within the jurisdiction of the court of claims under
chapter
64.
Sec.
6404. (1) The court of claims is created as a function of
the
circuit court for the thirtieth judicial circuit. consists of 4
court of appeals judges from at least 2 court of appeals districts
assigned
by the supreme court. A circuit court of appeals judge of
the
thirtieth judicial circuit and any judge assigned into the
thirtieth
judicial circuit by the state court administrator while
sitting as a judge of the court of claims may exercise the
jurisdiction of the court of claims as provided by law.
(2)
In case of the disability or absence from the place of
holding
court of a circuit judge before whom while sitting as the
judge
of the court of claims a case has been tried or motion heard,
another
circuit judge designated to sit as the judge of the court
of
claims to may continue, hear, determine, and sign all matters
that
his or her predecessor could have continued, heard,
determined,
and signed.
(2) All matters pending in the court of claims as of the
effective date of the amendatory act that added this subsection
shall be transferred to the clerk of the court of appeals, acting
as the clerk of the court of claims, for assignment to a court of
appeals judge sitting as a court of claims judge pursuant to
section 6410. The transfer shall be effective on the effective date
of the amendatory act that added this subsection.
(3) Beginning on the effective date of the amendatory act that
added this subsection, any matter within the jurisdiction of the
court of claims described in section 6419(1) pending or later filed
in any court must, upon notice of the state or a department or
officer of the state, be transferred to the court of claims
described in subsection (1). The transfer shall be effective upon
the filing of the transfer notice. The state or a department or
officer of this state shall file a copy of the transfer notice with
the clerk of the court of appeals, who shall act as the clerk of
the court of claims, for assignment to a court of appeals judge
sitting as a court of claims judge pursuant to section 6410.
(4) If a judge assigned to serve on the court of claims is
disabled, disqualified, or otherwise unable to attend to a matter,
another judge assigned to sit as a judge of the court of claims may
continue, hear, determine, and sign orders and other documents in
the matter.
(5) (3)
In case a circuit court of appeals judge designated to
sit as the judge of the court of claims dies before signing a
judgment and after filing a finding of fact or rendering an opinion
upon proof submitted and argument of counsel disposing of all or
part of the issues in the case involved, a successor as judge of
the court of claims may proceed with that action in a manner
consistent with the finding or opinion and the judge is given the
same powers as if the finding of fact had been made or the opinion
had been rendered by the successor judge.
(6) A judge assigned as a judge of the court of claims shall
be assigned for a term of 2 years and may be reassigned at the
expiration of that term.
(7) The term of a judge of the court of claims expires on May
1 of each odd-numbered year.
(8) When a judge who is sitting as a judge of the court of
claims leaves office or is otherwise unable to serve as a judge of
the court of claims, the supreme court may assign a court of
appeals judge to serve for the remainder of the judge's term on the
court of claims.
(9) The supreme court shall select a chief judge of the court
of claims from among the court of appeals judges assigned to the
court of claims.
Sec. 6407. The court shall hold at least 4 sessions in each
year. Sessions of the court of claims may be held in the various
circuits
court of appeals districts in the state as the supreme
court
administrator may determine. If the hearing in a particular
case
is to be held at a place other than the city of Lansing, due
notice
shall be given to all interested persons. The sheriff of the
county
within which a case is heard, or 1 of his deputies, shall
serve
as court officer without additional compensation therefor.
The department of technology, management, and budget shall furnish
the
court with suitable space and equipment. in the city of
Lansing.
Sec.
6410. (1) The circuit judges of the thirtieth judicial
circuit
shall appoint or remove the clerk of the court of appeals
shall serve as the clerk of the court of claims.
(2) A plaintiff may file a cause of action in the court of
claims in any court of appeals district.
(3) The clerk of the court of claims shall, by blind draw,
assign a cause of action filed in the court of claims to a court of
appeals judge sitting as a court of claims judge.
(4) (2)
For making copies of records,
proceedings, and
testimony and furnishing the same at the request of the claimant,
or
any other person, the clerk of the court of claims , or any
reporter or recorder serving in the court of claims shall be
entitled, in addition to salary, to the same fees as are by law
provided for court reporters or recorders in the circuit court. No
charge shall be made against the state for services rendered for
furnishing copies of records, proceedings, or testimony or other
papers to the attorney general.
(5) (3)
Process issued by the court may be
served by any
member of the Michigan state police as well as any other officer or
person authorized to serve process issued out of the circuit court.
Sec.
6413. (1) The state shall reimburse the county of Ingham
for
the reasonable and actual costs incurred by that county for
implementing
jurisdictional duties in the circuit court imposed on
that
county by this chapter.The
court of claims shall sit in the
court of appeals district where a court of appeals judge serving as
a judge of the court of claims sits, unless otherwise determined by
the chief judge of the court of claims.
(2)
The county of Ingham shall submit quarterly its itemized
costs
as described in this section to the state court
administrative
office. After determination by the state court
administrator
of the reasonableness of the amount to be paid,
payment
shall be made pursuant to the accounting laws of this
state.
Determination of reasonableness by the state court
administrator
shall be conclusive.
(3)
Full-time employees of the court of claims are transferred
to
the circuit court for the thirtieth judicial circuit. Seniority
rights,
annual leave, sick leave, longevity pay and retirement
benefits
to which employees of the court of claims are now entitled
shall
be preserved and the employees shall be continued in their
positions
in the court of claims in the thirtieth judicial circuit
in
a manner not inferior to their prior status. The obligation of
the
state for retirement benefits to employees of the court of
claims
for their accrued service in the court of claims shall not
be
transferred. The retirement system available to public employees
in
Ingham county shall provide retirement benefits to employees of
the
court of claims not inferior to those provided therefor under
their
prior status.
Sec.
6419. (1) Except as provided in sections 6419a 6421 and
6440, the jurisdiction of the court of claims, as conferred upon it
by
this chapter, shall be is exclusive.
All actions initiated in
the court of claims shall be filed in the court of appeals. The
state
administrative board is hereby vested with discretionary
authority
upon the advice of the attorney general
, to hear,
consider, determine, and allow any claim against the state in an
amount less than $1,000.00. Any claim so allowed by the state
administrative board shall be paid in the same manner as judgments
are paid under section 6458 upon certification of the allowed claim
by the secretary of the state administrative board to the clerk of
the
court of claims. The Except
as otherwise provided in this
section, the court has the following power and jurisdiction:
(a)
To hear and determine all claims and demands, any claim or
demand,
statutory or constitutional, liquidated
and or
unliquidated,
ex contractu and or ex delicto, or
any demand for
monetary, equitable, or declaratory relief or any demand for an
extraordinary
writ against the state and or any
of its departments
,
commissions, boards, institutions, arms, or agencies.or officers
notwithstanding another law that confers jurisdiction of the case
in the circuit court.
(b)
To hear and determine any claims claim or demands, demand,
statutory or constitutional, liquidated or unliquidated, ex
contractu
or ex delicto, which or
any demand for monetary,
equitable, or declaratory relief or any demand for an extraordinary
writ that may be pleaded by way of counterclaim on the part of the
state
or any department, commission, board, institution, arm, or
agency
of the state of its
departments or officers against any
claimant who may bring an action in the court of claims. Any claim
of
the state or of any department, commission, board, institution,
arm,
or agency of the state of its
departments or officers may be
pleaded by way of counterclaim in any action brought against the
state , or any other department, commission, board,
institution,
arm,
or agency of the state.of its
departments or officers.
(c) To appoint and utilize a special master as the court
considers necessary.
(d) To hear and determine any action challenging the validity
of a notice of transfer described in section 6404(2) or (3).
(2)
The judgment entered by the court of claims upon any such
claim described in subsection (1), either against or in favor of
the
state or any department, commission, board, institution, arm,
or
agency of the state, of its
departments or officers, upon
becoming
final shall be is res adjudicata judicata of that claim.
Upon the trial of any cause in which any demand is made by the
state
or any department, commission, board, institution, arm, or
agency
of the state of its
departments or officers against the
claimant either by way of setoff, recoupment, or cross declaration,
the court shall hear and determine each claim or demand, and if the
court finds a balance due from the claimant to the state, the court
shall render judgment in favor of the state for the balance. Writs
of execution or garnishment may issue upon the judgment the same as
from the circuit court of this state. The judgment entered by the
court of claims upon any claim, either for or against the claimant,
shall
be is final unless appealed from as provided in this
chapter.
(3)
The court of claims shall does
not have jurisdiction of
any
claim for compensation under the provisions of either of the
following:
(a)
The worker's disability compensation act of 1969, Act No.
317
of the Public Acts of 1969, being sections 418.101 to 418.941
of
the Michigan Compiled Laws.1969
PA 317, MCL 418.101 to 418.941.
(b)
Act No. 329 of the Public Acts of 1937, as amended, being
sections
419.101 to 419.104.1937 PA
329, MCL 419.101 to 419.104.
(4)
This chapter shall does not deprive the circuit court of
this state of jurisdiction over actions brought by the taxpayer
under
the general sales tax act, Act No. 167 of the Public Acts of
1933,
being sections 205.51 to 205.78 of the Michigan Compiled
Laws,
or proceedings for declaratory or equitable relief, or any
other
actions against state agencies based upon the statutes of
this
state in such case made and provided, which expressly confer
jurisdiction
thereof 1933 PA 167, MCL
205.51 to 205.78, upon the
circuit court, or proceedings to review findings as provided in the
Michigan
employment security act, Act No. 1 of the Public Acts of
the
Extra Session of 1936, being sections 421.1 to 421.72 of the
Michigan
Compiled Laws, 1936 (Ex Sess)
PA 1, MCL 421.1 to 421.75,
or any other similar tax or employment security proceedings
expressly
authorized by the statutes of this state. in such case
made
and provided.
(5) This chapter does not deprive the circuit court of
exclusive jurisdiction over appeals from the district court and
administrative agencies as authorized by law.
(6) This chapter does not deprive the circuit court of
exclusive jurisdiction to issue, hear, and determine prerogative
and remedial writs consistent with section 13 of article VI of the
state constitution of 1963.
(7) As used in this section, "the state or any of its
departments or officers" means this state or any state governing,
legislative, or judicial body, department, commission, board,
institution, arm, or agency of the state, or an officer, employee,
or volunteer of this state or any governing, legislative, or
judicial body, department, commission, board, institution, arm, or
agency of this state, acting, or who reasonably believes that he or
she is acting, within the scope of his or her authority while
engaged in or discharging a government function in the course of
his or her duties.
Sec.
6421. Cases in the court of claims With the approval of
all parties, any matter within the jurisdiction of the court of
claims described in section 6419(1) may be joined for trial with
cases arising out of the same transaction or series of transactions
which
that are pending in any of the various trial courts of
the
state. A case in the court of claims that has been joined with the
approval of all parties shall be tried and determined by the judge
even though the trial court action with which it may be joined is
tried to a jury under the supervision of the same trial judge.
Sec. 8304. In a district court district in which the district
court is affected by a plan of concurrent jurisdiction adopted
under chapter 4, the district court has concurrent jurisdiction
with the circuit court or the probate court, or both, as provided
in the plan of concurrent jurisdiction, except as to the following
matters:
(a) The circuit court has exclusive jurisdiction over appeals
from the district court and from administrative agencies as
authorized by statute.
(b) The circuit court has exclusive jurisdiction and power to
issue, hear, and determine prerogative and remedial writs
consistent with section 13 of article VI of the state constitution
of 1963.
(c)
The circuit court has exclusive jurisdiction to hear and
decide
matters within the jurisdiction of the court of claims under
chapter
64.
Enacting section 1. Section 6419a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.6419a, is repealed.