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Michigan Constitutional Archive
Michigan Constitution of 1963 / Article II § 5; Article VI § 1; Article VI § 5; Article VI § 6; Article VI § 7; Article VI § 13; Article VI § 14; Article VI § 19; Article VI § 23; Article VI § 27; Article VI § 29

Joint Resolution No. 6 of 1899

April 3, 1899; Rejected 99,391 to 102,269 (49%)

Article VI

Sec. 1: The judicial power is vested in one supreme court, in one intermediate court, which intermediate court shall have such jurisdiction and powers as may be prescribed by the legislature, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities.

Sec. 5: The supreme court shall, by general rules a general rule, establish, modify and amend the practice in such court, and in the intermediate, circuit and probate courts, and simplify the same. The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.

Sec. 8: The intermediate court shall have such appellate jurisdiction in all matters civil and criminal, from all circuit courts and other inferior courts and tribunals, and supervisory control of the same, as may be prescribed by law. The circuit courts shall have original jurisdiction in all matters civil and criminal, not excepted in this constitution, and not prohibited by law;, and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They The intermediate and circuit courts shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them general control over inferior courts and tribunals within their respective jurisdictions, and in all such other cases and matters as the supreme court shall by rule prescribe.

Sec. 10: The supreme and intermediate court courts may each appoint a reporter of its decisions. The decisions of the supreme court and intermediate court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom, shall give the reasons reason of such dissent in writing, under his signature. All such opinions shall be filed in the office of the clerk of the such supreme court and intermediate court, respectively. The judges of the circuit court courts, within their respective jurisdictions, may appoint a stenographer, and may fill vacancies in the office of county clerk and of prosecuting attorney;, but no judge of the supreme court, intermediate or circuit court, courts shall exercise any other power of appointment to public office, except as provided for above, and in section twelve of this article.

Sec. 12: The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county. The supreme and intermediate court courts shall each have power to appoint a clerk for such supreme court their respective courts, and such other officers as may be necessary in the preparation of their said opinions, and to carry into effect their judgments, decrees and orders.

Sec. 14: When a vacancy occurs in the office of the judge of the supreme, intermediate, circuit or probate court courts, it shall be filled by appointment of the Governor, which shall continue until a his successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term.

Sec. 15: The supreme court, and intermediate courts, and the circuit and probate courts of each county, shall be courts of record, and shall each have a common seal.

Sec. 19: Judges of the supreme court and intermediate courts, circuit judges, and justices of the peace, shall be conservators of the peace within their respective jurisdictions.

Sec. 20: The first election of judges of the circuit courts, shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. The first election of judges of the intermediate court shall be held in the first Monday of April, one thousand nine hundred one, and for one judge of said intermediate court every two years thereafter. The judges of such intermediate court shall be so classified that but one of them shall go out of office at the same time. The Governor shall appoint judges of such intermediate court, who shall hold their respective offices until their successors are elected and qualified. Whenever an additional circuit court is created, provision shall be made to hold the subsequent election elections of such additional judges at the regular elections election herein provided.

Sources

  • Joint Resolution No. 6 of 1899 (PDF)
  • Michigan Official Directory and Legislative Manual, 1909-1910, p. 556 (HathiTrust)
  • Public Acts of the Legislature of the State of Michigan Passed at the Regular Session of 1899, pp. 479–481 (HathiTrust)

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