In testimony yesterday on
SB 652, the Michigan Senate Judiciary committee got a lesson in the history of the Court of Claims -- and voted to report out a bill that would change history again. Current statute provides that the Court of Claims, which hears cases involving claims of $1,000 or more against the state, is a function of the Ingham County circuit court. SB 652 would instead have the cases heard by four Court of Appeals judges selected by the Michigan Supreme Court. Prior to 1939, the committee was told, claims against the state were handled
by the executive branch. After that, Court of Claims cases were heard by circuit court judges throughout the state assigned to the Court of Claims by the State
Court Administrative Office. In 1978 the cases were consolidated in the Court of Claims as a function of the Ingham County circuit court. The 1978 change was advanced as a cost-savings move because the Attorney General's office, located in Ingham County, provides the defense in Court of Claims cases.
Proponents of the bill challenged the wisdom of all Court of Claims cases being heard by judges elected by only 3% of the electorate, and said that the ability to file claims outside of Ingham County would offer greater convenience to the public. Under the bill, a Court of Claims case would be
heard in the Court of Appeals district of the judge assigned to the case. The bill's opponents challenged the propriety of appellate judges sitting as trial judges on cases that would then be heard on appeal by their colleagues.
The bill was reported out of committee on a party-line vote, with all Republicans voting for the bill, and all Democrats voting against.