Oakland County Prosecutor v. Beckwith

619 N.W.2d 172, 242 Mich. App. 579
CourtMichigan Court of Appeals
DecidedNovember 16, 2000
DocketDocket 213447
StatusPublished
Cited by4 cases

This text of 619 N.W.2d 172 (Oakland County Prosecutor v. Beckwith) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oakland County Prosecutor v. Beckwith, 619 N.W.2d 172, 242 Mich. App. 579 (Mich. Ct. App. 2000).

Opinions

Griffin, P.J.

This case is before us pursuant to a Supreme Court order remanding the case for consideration as on leave granted. See 458 Mich 867 (1998). On appeal, plaintiff challenges the trial court’s order directing the Oakland County Prosecutor to pay a portion of a special master’s fees, specifically $698.70 for services rendered. We agree with plaintiff that Carson Fischer Potts & Hyman v Hyman, 220 Mich App 116, 119-121; 559 NW2d 54 (1996), is controlling and compels reversal of the trial court’s order directing the prosecutor to pay a portion of the special master’s fees. However, we follow the precedential effect of Carson only because we are compelled to do so pursuant to MCR 7.215(H)(1). Were it not for the prior precedentially binding decision, we would affirm. MCR 7.215(H)(2).

[581]*581i

Plaintiff brought the present action asserting nearly three hundred claims under the Michigan Consumer Protection Act, MCL 445.901 et seq.-, MSA 19.418(1) et seq. Over plaintiffs objection, the court appointed a special master to assist the court in this complex litigation. See the appendix to Judge Sullivan’s concurring opinion in this matter: Order Appointing Special Master. Later, the trial court ordered plaintiff to pay for a portion of the special master’s services. On appeal, plaintiff argues that the trial court’s order appointing the special master was unlawful and, thus, the order directing payment for the special master’s services must be reversed. We review questions of law de novo. People v Sierb, 456 Mich 519, 522; 581 NW2d 219 (1998); Kern v Blethen-Coluni, 240 Mich App 333, 341-342; 612 NW2d 838 (2000).

Resolution of the issue at hand is governed by this Court’s prior decision in Carson, supra, in which the trial court appointed an expert witness pursuant to MRE 7061 to “ ‘make findings of fact, conclusions of law and a final recommendation and proposed judg[582]*582ment as to the disposition of [the] matter Carson, supra at 118. The expert witness was given the authority to hire a certified public accountant to assist him and, in addition, was given the duties

to review all motions and submit findings of fact to the court before the scheduled hearing date, to require the production of evidence, to issue subpoenas through the court, to conduct and regulate miscellaneous proceedings, to examine documents and witnesses, and to prepare final findings of fact and recommendations for judgment. The order permitted the parties to file written objections to the final findings and recommendations and permitted the court to adopt the expert’s recommendation and judgment, to modify the recommendation, or to refer the recommendation to the expert with further instructions. [Id. at 121.]

On appeal, the defendant argued the trial court did not have the authority to appoint such experts under either MRE 706 or the Michigan Constitution because the assigned duties and responsibilities essentially made them special masters rather than expert witnesses. Carson, supra at 118-119. Citing Const 1963, art 6, §§ 1 and 27,2 the Carson Court agreed, explaining:

[583]*583Although the Supreme Court is empowered by the Michigan Constitution to authorize persons who have been elected and have served as judges to perform judicial duties for limited periods or specific assignments, Const 1963, art 6, § 23, there are no constitutional or statutory authorities permitting a circuit court judge the power to appoint a retired judge or any other person to sit as a court in a civil action. Brockman v Brockman, 113 Mich App 233, 237; 317 NW2d 327 (1982). Rather, Const 1963, art 6, § 27 specifically prohibits such action. In Brockman, this Court held that a Wayne Circuit Court judge was without constitutional or statutory authority to appoint a former circuit court judge to sit as the court and try the matter. Id., p 237.
We agree with defendant that there is no constitutional authority for the trial court to delegate specific judicial functions to an “expert witness.” It is within the peculiar province of the judiciary to adjudicate upon and protect the rights and interests of the citizens and to construe and apply the laws. . . . Thus, the trial court could not delegate its functions of making conclusions of law, reviewing motions, requiring the production of evidence, issuing subpoenas, conducting and regulating miscellaneous proceedings, examining documents and witnesses, and preparing final findings of fact. Although this is what the trial court’s order purports to do, the court cannot appoint an expert witness to perform judicial functions. Accordingly, the trial court was without constitutional authority to delegate its specific judicial power to an expert witness. [Carson, supra at 120-122.]

The Carson Court further held that the trial court’s order appointing an expert witness “exceeded the authority implicit in MRE 706 by requiring the expert to perform duties outside the scope of the duties of an expert witness and within the purview of the court.” Id. at 123-124.

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In the present case, the special master argues that Carson is distinguishable. We disagree and conclude the differences between the cases are immaterial. In Carson, the trial court cited MRE 706 as authority for the appointment of the special master; in this case the court relied on MCR 1.105. However, neither the rule of evidence nor the court rule expressly authorizes such an appointment. Most importantly, in both cases, the master’s proposed findings of fact and conclusions of law were mere recommendations to the trial court: “If the expert’s recommendation was adopted, the trial court would enter judgment in the same manner as if the action had been tried by the court.” Carson, supra at 123 (emphasis added). Further, the order in Carson, like the order herein appointing the special master, “permitted the parties to file written objections to the final findings and recommendations and permitted the court to adopt the expert’s recommendation and judgment, to modify the recommendation, or to refer the recommendation to the expert with further instructions.” Id. at 121. Consequently, these similarities bind our disposition of the present matter to the result obtained in Carson, supra.

However, were we not compelled to follow Carson by virtue of MCR 7.215(H), we would hold the circuit court possesses the requisite, albeit implicit, authority to appoint a special master as long as the assigned duties do not unduly intrude on the exclusive domain of the court to perform judicial functions.

[585]*585in

The circuit court is the trial court of general jurisdiction. It possesses the broad powers provided by MCL 600.601(1); MSA 27A.601(1):

The circuit court has the power and jurisdiction:
(A) Possessed by courts of record at the common law, as altered by the state constitution of 1963, the laws of this state, and the rules of the supreme court.

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Oakland County Prosecutor v. Beckwith
619 N.W.2d 172 (Michigan Court of Appeals, 2000)

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Bluebook (online)
619 N.W.2d 172, 242 Mich. App. 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakland-county-prosecutor-v-beckwith-michctapp-2000.