Contact: Eric Lupher
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CRC's Con-Con Series Analyzes Article VI - Judicial Branch

The ninth in the Citizens Research Council of Michigan's series of papers about state constitutional issues focuses on the judicial branch of government -- Article VI of the 1963 Michigan Constitution.

"The judicial system is operating adequately and can continue into the future with the current constitutional provisions without pause," said Eric Lupher, CRC's Director of Local Affairs. "However, some of the issues critics identify in Article VI may rise to higher levels of importance in coming years. The increasingly political and tainted campaigns for Supreme Court justices may diminish the perception of an independent, impartial judiciary capable of dispensing justice to all. Continuance of this trend may create a rallying call to reform the methods of selecting judges."

At the November election, in addition to electing all new executive officers and the turnover that will occur in the legislature because of term limits, Michigan voters will be voting on two Supreme Court justice seats and a number of appeals court, circuit court, probate court, and district court judgeships. The election or appointment of judges is a provision of the current Constitution that a constitutional convention might consider. "A highly politicized judicial race on the non-partisan ballot may bring this issue to the forefront when voters are deciding how to vote on the question of calling a constitutional convention," said Mr. Lupher.

The 1963 Constitution made several changes to the judicial branch of government. It created the concept of "one court of justice," in which all courts are organized and judicial authority ultimately rests with the Supreme Court. The new document also established the court of appeals as an intermediate appellate court between the trial courts and the Supreme Court. These changes would likely draw the attention of a constitutional convention.

Court funding might be included among the issues considered at a convention because the cost of operating Michigan's trial court system has increased at a pace that imposes tremendous burden on the local governments - counties and cities - charged with funding responsibility.

"A unified state funding system to parallel the "one court of justice" established by the 1963 Constitution would alleviate the mandated costs that those governments must bear and enable the court system to achieve efficiencies in operations that are otherwise unobtainable," said Mr. Lupher.

In looking at each article of the Michigan Constitution, CRC takes no position on the question of calling a constitutional convention. It is hoped that examination of the matters identified in this paper will promote discussion of vital constitutional issues and assist citizens in deliberations on the question of calling a constitutional convention.

Article VI -- Judicial Branch can be accessed at www.crcmich.org/PUBLICAT/2010s/2010/rpt36009.html. The series of constitutional issues papers is being released on roughly a bi-weekly schedule and can be accessed at www.crcmich.org/election.

The Citizens Research Council of Michigan is a private, nonprofit public affairs research organization, founded in 1916 to analyze issues pertaining to state and local government organization and finance in Michigan.