Brown v. Jackson Circuit Judge

175 N.W.2d 746, 383 Mich. 433, 1970 Mich. LEXIS 158
CourtMichigan Supreme Court
DecidedApril 13, 1970
DocketCalendar No. 36, Docket No. 52,377
StatusPublished
Cited by1 cases

This text of 175 N.W.2d 746 (Brown v. Jackson Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Jackson Circuit Judge, 175 N.W.2d 746, 383 Mich. 433, 1970 Mich. LEXIS 158 (Mich. 1970).

Opinion

Kelly, J.

A warrant dated November 22, 1968, charged that in the township of Blackman, county of Jackson, plaintiff violated CL 1948, § 750.530 (Stat Ann 1954 Rev § 28.798) and “did then and there * * * by force and violence or by assault or putting in fear, feloniously rob Mrs. Michael J. Kearns while said Ronald B. Brown was not armed.”

On the same day plaintiff was arraigned before Ronald J. Parker, a justice of the peace of Blackman township, demanded a preliminary examination, and requested a ten-day delay. He was released on bond [435]*435and the examination was postponed until December 3,1968.

December 3, 1968, on motion of the prosecuting attorney, the examination was adjourned until December 17,1968, in order to afford time for appointment of counsel to represent plaintiff. Counsel was appointed by the circuit judge of Jackson county on December 4,1968.

The record is not clear as to whether the December 17th adjournment was on motion of the defense, the prosecution, or on the court’s own motion. Plaintiff, however, claims “the prosecuting attorney was granted a further adjournment over the objection of counsel. Said further continuance to be until the newly created District Courts were in operation.”

On December 30,1968, Justice of the Peace Parker notified plaintiff that the case “has been transferred into the new District Court system,” and that the examination would be held at the Jackson county building, Jackson, Michigan, on January 9, 1969.

On January 9, 1969, plaintiff appeared at the Jackson county courthouse before 12th District Judge Lysle B. Hall and demanded a change of venue, which was denied. Plaintiff was again arraigned on the warrant and complaint and the examination was adjourned until January 24, 1969.

Also, on January 9, 1969, plaintiff filed in the Jackson county circuit court his “Complaint for Superintending Control,” requesting that Judge Hall be restrained from proceeding further against plaintiff and that an order be entered quashing the pending criminal proceedings.

By order of February 19,1969, Honorable Gordon W. Britten, Jackson county circuit judge, denied plaintiff the relief sought and dismissed the complaint.

[436]*436Plaintiff appealed, and on March 20, 1969, we granted plaintiff’s application for leave to appeal prior to decision by the Court of Appeals.

The legislature created one district court1 and divided it into class districts. The 12th district is a district of the second class and is composed of the entire county of Jackson, except the city of Jackson.2 The 13th district consists of the city of Jackson as a district of the third class.3

The question presented is one of situs, namely: Did 12th District Judge Hall have authority to conduct the examination in the courthouse in the city of Jackson, which is not geographically a part of the 12th district?

At the time determination was made of that question in the district court and in the Jackson county circuit court, the statute provided:

“In districts of the second class the court shall sit at any county seat within the district, at each city and incorporated village within the district having a population of 3,250 or more except that when 2 or more such cities or incorporated villages are contiguous the court need sit only in the city having the greater population and at such other places as the judges of the district determine.” MCLA 1969 Cum Supp § 600.8251(2) (Stat Ann 1969 Cum Supp § 27A.8251[2]).

Subsequent to our March 20, 1969 grant of application to appeal prior to decision by the Court of Appeals, the legislature amended the above-quoted enactment by adding thereto the following:

[437]*437“If the district does not contain any city, then the foregoing provisions of this subsection shall not apply to such district, and in such a district the court shall sit at the county seat of its district control unit situated outside the district. * * * Whenever the court sits at a county seat situated outside the district pursuant to the provisions of this subsection, it shall exercise the same powers, jurisdiction and venue as if sitting within the district.” PA 1969, No 6, effective April 19, 1969.

Denying plaintiff the relief he sought, Judge Britten stated that the mandatory words were confined to the first part of the section of the statute that referred to the existence of a county seat, or a city or incorporated village of a population of 3,250 within the district; that there was no such mandatory location within the district; that the words “and at such other places as the judges of the district determine” gave the judges the right to select the place for holding court where it would best serve the people; that because there was suitable space available in the Jackson county courthouse, located not only in the center of Jackson county but, also, in the center of the 12th district, not only did Judge Hall have the right to proceed as he did hut it would have been an abuse of discretion to have proceeded otherwise.

In his brief concluding with “plaintiff prays that he he discharged from custody,” plaintiff states:

“The county seat for the county of Jackson is Jackson, Michigan, and is within the 13th District, in spite of the fact that it is entirely surrounded by the 12th District. Further, there are no cities or incorporated villages within the 12th District having a population of 3,250 or more. The judges of the 12th District, prior to the legislative amendment [438]*438to Stat Ann (1969 Cum Supp) § 27A.8251(2) (PA 1969, No 6) could have decided on other places of holding court. However, these should have been within the 12th District. To have provided otherwise would have permitted the district judges of the 12th District to enter an order that they would for an indefinite period sit at Boyne Mountain or anywhere else in Michigan. * * *

“Stat Ann (1969 Cum Supp) § 27A.8251(2) mentioned specific places i.e. county seat within the district, cities and villages of 3,250 within the district followed then by a general clause. That general clause, if one is to follow sound rules of statutory construction, should have been interpreted to mean ‘at such other places (within the district) as the judges of the district determine.’ * * *

“The legislature’s special enactment of an amendment to Stat Ann (1969 Cum Supp) § 27A.8251(2) (PA 1969, No 6) is a sufficient showing that the 12th District Court could not sit in the Jackson county courthouse. To consider otherwise would be to hold that the legislature had merely passed a repetitive piece of legislation. It is quite apparent that the legislature had provided that certain judges could not sit in the courthouse and seeing the ‘error of their way’ moved to correct the same. * * *

“The legislature’s amendment to Stat Ann (1969 Cum Supp) § 27A.8251(2) (PA 1969, No 6) does not cure the problems associated with the instant case. It is well established that a new law should be prospective and not retrospective in its operation and that the legislature is presumed to have intended statutes to operate prospectively and not retrospectively.”

Defendants’ opposite interpretation of legislative intent is disclosed by the following:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Henderson
180 N.W.2d 903 (Michigan Court of Appeals, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
175 N.W.2d 746, 383 Mich. 433, 1970 Mich. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-jackson-circuit-judge-mich-1970.