Overview

The Michigan Supreme Court is the state’s highest court. The Court consists of seven justices elected at non-partisan elections.  MCLS Const. Art. VI, § 2. The justices serve a term of office of eight years. MCLS Const. Art. VI, § 2.

The Court of Appeals is the state’s intermediate appellate court that hears appeals from the trial courts. “Court of Appeals.” There are currently 24 Court of Appeals judges from four districts in the state. “Court of Appeals.” **Court of Appeals judges are elected at nonpartisan elections and hold office for a term of six years. MCLS Const. Art. VI, §§ 8, 9.

The Circuit Court is the state’s trial court with the broadest powers and handles all civil cases with claims of more than $25,000. “Trial Courts.” **Circuit Court judges are elected at nonpartisan elections in the circuit in which the judges reside and hold office for a term of six years. MCLS Const. Art. VI, § 12. There are 57 Circuit Courts in Michigan. “Trial Courts.”

The primary election-related responsibility of Michigan’s court system is to be involved in election contest processes. The Michigan Supreme Court has exclusive jurisdiction over complaints for mandamus (seeking review of the certification or determination of results of a presidential election by the Board of State Canvassers). Mich. Comp. Laws Serv. § 168.845a(1), (2). The Court of Appeals hears actions for quo warranto – the state’s primary process for contesting election results – for state offices. Mich. Comp. Laws Serv. § 600.4501(1). The Circuit Courts hear quo warranto cases for offices other than state offices. MCR 3.306(A). The Circuit Courts also hear cases alleging material error or fraud in election returns. Mich. Comp. Laws Serv. § 168.877; Mich. Comp. Laws Serv. § 600.4545(1)-(2).

Election-Related Duties

The key duties of the Michigan Supreme Court are:

1. Considering a complaint for mandamus filed by an aggrieved candidate for President or Vice President. Mich. Comp. Laws Serv. § 168.845a(2).

The key duties of the Court of Appeals are:

1. Hearing an action for quo warranto against a person who usurps or unlawfully holds state office. Mich. Comp. Laws Serv. § 600.4501(1); MCR 3.306(A).

The key duties of the Circuit Court are:

1. Hearing an action for quo warranto against a person who usurps or unlawfully holds an office other than state office. MCR 3.306(A).
2. Examining and correcting election returns upon certiorari for errors on the face of the returns. Mich. Comp. Laws Serv. § 168.877.
3. Hearing an action against a municipality for material error or fraud in an election to decide a constitutional amendment, question, or proposition. Mich. Comp. Laws Serv. § 600.4545(1)-(2).

Selection and Vacancy Information

• **Elected and Appointed: ****Justices on the Supreme Court and judges on the Court of Appeals and Circuit Court are elected at nonpartisan elections. MCLS Const. Art. VI, §§ 2, 8, 12. Court of Claims judges are appointed by the Supreme Court. “Court of Claims.”
• Term of Office: Justices of the Supreme Court serve a term of office of eight years. MCLS Const. Art. VI, § 2. Judges on the Court of Appeals and the Circuit Courts serve a term of six years. MCLS Const. Art. VI, §§ 9, 12. A judge on the Court of Claims serves a two-year term and may be reassigned at the expiration of that term. Mich. Comp. Laws Serv. § 600.6404(6).
• Qualifications and Restrictions: To serve as a judge of a trial court, a judge of the Court of Appeals, or a Justice of the Supreme Court, a person has to have been admitted to practice law for at least five years and must not be over the age of 70. MCLS Const. Art. VI, § 19. In addition, justices and judges may not be elected to an office other than a judicial office during their term of office and for one year afterward. MCLS Const. Art. VI, § 21.
• Vacancy: Vacancies on the Supreme Court, the Court of Appeals, and the Circuit Court are filled by appointment by the Governor. MCLS Const. Art. VI, § 23. The Supreme Court fills a vacancy on the Court of Claims by assigning another judge to serve for the remainder of the term. Mich. Comp. Laws Serv. § 600.6404(8).