We Have The Right To A Jury Trial, Right?

We have the right to a jury trial? Don't we?

According to the 1963 Michigan Constitution we do:

"The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law."  Article I, Declaration of Rights, § 14

However, Public Act 164 of 2013 took that right away from us when they established The Court of Claims.

"The Court of Claims is a court of statewide, limited jurisdiction to hear and determine all civil actions filed against the State of Michigan and its agencies. These cases include highway defect, medical malpractice, contracts, constitutional claims, prisoner litigation, tax-related suits, and other claims for money damages. As of Nov. 12, 2013, the Court of Claims is located in the Michigan Court of Appeals. Four Court of Appeals judges, including a chief judge, are assigned to the Court of Claims by the Michigan Supreme Court. Each Court of Claims case is heard by a single judge. The Court of Claims operates much like any other Michigan Circuit Court. In the Court of Claims, however, there is no right to a jury trial." Chief Judge Michael J. Talbot

Let's repeat that:

There is no right to a jury trial.

That means that when you have an issue with the State of Michigan, you do not have the right to a jury trial. 

Fair? No way.

Repugnant to the Constitution? Absolutely.

What are we going to do about it? 

Those of us who care MUST contact our legislators and tell them that we want the right to have cases against the State heard by a jury of our peers. 

A good start would be to ask lawmakers to support HB 4847. This bill was introduced in September by Representative Gary Glenn. It would allow anyone bringing action against the state or one of its agencies the right to bring that suit in the county of origin and have that case heard by a jury, or have the case heard by an appointed judge in Detroit, Lansing, Troy, or Grand Rapids at the Court of Claims.

Are you involved in an issue with a state agency? We want to share your story. Email violationsofthepublictrust@gmail.com.