District Court Update

February 2009

As we welcome in the new year, we likewise welcome in new leadership in the Michigan Supreme Court, with Chief Justice Marilyn Kelly at the helm. It will be interesting to watch the direction the Supreme Court takes and whether the dueling of recent years will take a new path. Stay tuned.

In other action, the legislature has recently passed a new bill to increase the small claims limits from $3,000 to $4,000 effective July 1, 2009, to $4,500 beginning July 1, 2010, and to $5,000 beginning July 1, 2010, amending MCL 600.8401. The law has not yet been signed into law as of this writing, and it may be vetoed if the attorney lobbyists have an impact. Needless to say, there may be an influx of cases, which will in actuality be a transfer from the regular civil docket into small claims court. We’ll have to wait and see if this results in increasing the number of demands for removal to the regular civil division.

In its zeal to control work zone traffic, the legislature has recently amended MCL 257.611a to enable private contractors to direct traffic, if expressly authorized by the MDOT, and the person is properly trained, equipped and attired. It’s not clear from the legislation whether the person may stop violators and/or issue tickets.

It is also not clear how the authorization will be documented since the statute states: "the authorization shall be issued in the manner considered appropriate by the department of transportation, the local authority, or the county road commission, and may be general or specific." Has this been thought through thoroughly? Each county could presumably have different standards, and will the average motorist be able to determine whether the person is acting as a traffic control worker? Obviously, the proofs required at trial will include coverage of the requirements set forth in the statute. (Thanks go to Judge Jurrens for his commentary regarding this issue).

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