District court magistrates must make legal determinations based on Michigan law and local ordinances. The following is a brief description of sources of legal authority upon which a district court magistrate may rely. For information on citation to these authorities, see the Michigan Supreme Court - Office of the Reporter of Decisions’s Michigan Appellate Opinion Manual.
•Michigan Compiled Laws
When the Michigan Legislature first enacts a statute, it is referred to as a “Public Act” and given a number. Public Acts are numbered chronologically during the legislative session for a single year. After enactment, Public Acts are incorporated into a statutory compilation known as the Michigan Compiled Laws. The Michigan Compiled Laws is a topical collection of all the statutes enacted by the Michigan Legislature. This compilation is divided into chapters, with each addressing a particular broad subject matter.
The Legislature’s website includes all Michigan Compiled Laws.
•Caselaw
The Michigan Supreme Court and Court of Appeals resolve questions relating to the interpretation of statutes, court rules, and other laws. Michigan Supreme Court decisions are collected in reporters called the Michigan Reports. Court of Appeals decisions appear in reporters called the Michigan Appeals Reports. All Michigan trial courts are required to follow published case decisions by the state’s appellate courts.
The Michigan Supreme Court publishes all of its decisions. See MCR 7.301(E)(1); MCR 7.315(B). The Court of Appeals only publishes selected decisions. See MCR 7.215. Michigan trial courts are only required to follow published decisions by the Court of Appeals. MCR 7.215(C). Unpublished Court of Appeals opinions may be considered, but are not binding. MCR 7.215(C)(1). When published Court of Appeals opinions conflict with one another, the rule of law established by the prior opinion issued on or after November 1, 1990, will control so long as that opinion has not been reversed or modified by the Michigan Supreme Court or by a special panel of the Court of Appeals. MCR 7.215(J).
Opinions of the Michigan Supreme Court and the Michigan Court of Appeals can be accessed on the Michigan One Court of Justice website.
•Michigan Court Rules
The Michigan Court Rules are adopted by the Michigan Supreme Court and set forth procedural requirements for Michigan courts. The Michigan Court Rules, as well as the Michigan Rules of Evidence, Administrative Orders, local court rules for district courts, and other rules that may be of interest, can be accessed on the Michigan One Court of Justice website.
•Local Ordinances
Local ordinances are a type of law enacted by a local unit of government, such as a city or township. Local ordinances often address traffic laws. Local ordinances addressing traffic laws must be consistent with the Michigan Vehicle Code (MVC), MCL 257.1 et seq. Local ordinances that conflict with the MVC are void to the extent of the conflict. See Builders Ass’n v Detroit, 295 Mich 272, 277 (1940). Some localities have adopted a model set of traffic ordinances called the Uniform Traffic Code, which was prepared by the Michigan Department of State Police and can be accessed on their website.
Magistrates should familiarize themselves with the applicable local ordinances in their jurisdiction because no two sets of local ordinances are exactly the same in format, organization, or numbering system. Ordinance compilations may be obtained from local sources such as courts, public libraries, and city, county, village and township clerks’ offices.
•Attorney General Opinions
The Michigan Attorney General (AG) occasionally provides opinions on legal issues that magistrates might encounter. The courts are not required to follow these opinions, but they may offer guidance or be persuasive. People v Woolfolk, 304 Mich App 450, 492 (2014). Michigan Attorney General opinions are found in a multi-volume set called the Report of the Attorney General. The volumes are organized by year. AG Opinions can also be accessed from the AG’s website.