People v. Cason

• Decision Date: 20 June 1972
• Docket Number: No. 10,A,10
• Citation: 198 N.W.2d 292,387 Mich. 586
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Walter David CASON, Defendant-Appellee. pril Term.
• Court: Michigan Supreme Court

Page 292

198 N.W.2d 292

387 Mich. 586

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Walter David CASON, Defendant-Appellee.

No. 10, April Term.

Supreme Court of Michigan.

June 20, 1972.

William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Dept., Patricia J. Boyle, Asst. Pros. Atty., Detroit, for plaintiff-appellant.

Frank Schwartz and William L. Sanders, Detroit, for defendant-appellee.

Before the Entire Bench.

SWAINSON, Justice.

This case involves the problem of the scope of People v. Paille #1, 383 Mich. 605, 178 N.W.2d 469 (1970). Defendant Cason was charged by complaint and warrant with possession of narcotics, carrying a concealed weapon, and attempted bribery of a police officer. The examination was held on June 23, 1970, before Hon. James N. McNally, III, municipal judge for the city of Harper Woods, who was sitting as an exemining magistrate in Recorder's Court by Supreme Court designation. At the conclusion of the hearing, defendant was bound over on all three charges. On June 30, 1970, defendant filed motion to quash the information alleging that the arrest was illegal and that, therefore, the items seized incident to the arrest were illegally seized and should be excluded from evidence.

The People, in answer to the motion, alleged that M.C.L.A. § 726.2; M.S.A. § 27.3552, ¹ and People v. Paille #1, Supra, deprived the pretrial judge of jurisdiction to review the decision of Judge McNally.

On August 14, 1970, the trial court denied defendant's motion to quash for want of jursidiction, based on People v. Paille, #1, Supra. On December 30, 1970, the Court of Appeals entered its order reversing the trial court and holding that People v. Paille #1 was not applicable. The Court of Appeals stated that M.C.L.A. § 600.225; M.S.A. § 27A.225, expressly limits the power of a municipal judge temporarily assigned to Recorder's Court, and that since these temporary judges are not judges of equal station with other Recorder's Court judges, the need for restriction upon intra-court review does not apply.

We granted leave to appeal on March 18, 1971, and summarily reversed the order of the Court of Appeals and remanded the cause to Recorder's Court. 384 Mich. 819. Both parties, seeking clarification of the March 18th order, thereafter jointly filed motion for statement of reasons and grounds for decision. On June 16, 1971, we entered an order treating the motion as a motion for reconsideration and granted the same. The order for reversal and remand was vacated and appeal to this Court ordered to proceed in accordance with the Court Rules.

The People now agree with defendant that Paille #1, supra, was either erroneous or does not apply to this situation. They further contend that if Paille #1 does apply, then the Court of Appeals was incorrect in holding that M.C.L.A. § 600.225; M.S.A. § 27A.225, created an exception where a municipal judge was temporarily assigned to the Recorder's Court.

Both parties ask for the following relief:

1. Reverse the decision in Paille #1, or limit it to the facts there presented;

2. Adopt the dissenting opinion in Paille #1.

The People further ask that if we do not adopt the relief requested above that we reverse the Court of Appeals and affirm the ruling of Hon. Henry L. Heading, Recorder's Court Judge. They also seek clarification of the scope, meaning and applicability of Paille #1.

The basic issue in this case is whether M.C.L.A. § 726.2; M.S.A. § 27.3552, as construed in People v. Paille #1, Supra, prevents a judge of the Recorder's Court of the city of Detroit, sitting as a trial judge, from reviewing the examining magistrate's action where the magistrate is an elected Recorder's Court judge, or a judge sitting by appointment of this Court?

In 1883 the legislature by Local Act No. 326, adopted a charter for the city of Detroit. Chapter 12 of this act continued a Recorder's Court for the city of Detroit. ² Chapter 12, § 11, provides the jurisdiction of the Recorder's Court:

'The said recorder's court shall have original and exclusive jurisdiction of all prosecutions and proceedings in behalf of the people of this state, for crimes, misdemeanors, and offenses arising under the laws of this state, and committed within the corporate limits of the city of Detroit, except in cases cognizable by the police court of the city of Detroit, or by the justices of the peace of said city; and shall have power to issue all lawful writs and process, and to do all lawful acts which may be necessary and proper to carry into complete effect the powers and jurisdiction given by this act, and especially to issue all writs and process, and to do all acts which the circuit courts of this state, within their respective jurisdictions, may, in like cases, issue and do by the laws of this state: Provided, That this section shall not be construed to prevent the grand jury for the county of Wayne from inquiring into and presenting indictments, as heretofore, for crimes and offenses committed within the limits of said city.'

The legislature implemented the provision for creation of a police court by 1885 P.A. 161, and in section 10 of the act established its jurisdiction:

'The police court shall have original and exclusive jurisdiction to hear, try and determine all criminal cases wherein the crime, misdemeanor or offense charged shall have been committed within the corporate limits of the city of Detroit * * * which crime, misdemeanor or offense would be, now or hereafter, cognizable by a justice of the peace if the same had been committed in any other part of this State; to entertain, conduct and dispose of all preliminary examinations into crimes, misdemeanors and offenses which shall have been committed within the corpaorate limits of the city of Detroit, and which may, now or hereafter be cognizable by the recorder's court of said city * * *.'

Thus, the Recorder's Court did not, at that time, have jurisdiction to hold preliminary examinations. However, by section 10 of 1919 P.A. 369, the legislature abolished the police court, ³ and in section 9 of that act provided:

'Nothing in this act shall diminish the powers, duties or jurisdiction of any municipal court of record now existing, or of the members of said court, nor as altering the practice or procedure thereof except as herein otherwise provided, it being the intention that said court shall continue the same except as to the changes herein named.' M.C.L.A. § 725.9; M.S.A. § 27.3949.

Hence, since 1919 the Recorder's Court has been a bifurcated court. It has all the functions the police court formerly had and also the functions of a circuit court. As our Court stated in Moline v. Judge of Recorder's Court of Detroit, 238 Mich. 78, 81, 213 N.W. 204, 205 (1927):

'The merger of the police court with the recorder's court created a court with dual functions as distinct in purpose as formerly.'

Likewise, our Court recognized these dual functions in Attorney General ex rel. Dickinson v. City Election Commission of City of Detroit, 202 Mich. 626, 628, 168 N.W. 708 (1918); People v. Jones, 220 Mich. 633, 190 N.W. 755 (1922); Detroit v. Wayne Circuit Judge, 233 Mich. 356, 206 N.W. 582 (1925); and Grosscup v. Wayne Circuit Judge, 233 Mich. 362, 368, 206 N.W. 580 (1925).

Our Court has consistently recognized that the Recorder's Court is not inferior to the circuit court in felony trials. As we stated in Detroit v. Wayne Circuit Judge, Supra, 233 Mich. 361, 206 N.W. 584:

'The Legislature has the constitutional right to create any court and to vest it with whatever jurisdiction it pleases, provided only that it shall be inferior to the Supreme Court. In creating the recorder's court for the city of Detroit, it seems to have conferred upon it jurisdiction equal to the circuit court in cases involving the general criminal laws of the state.'

In Recorder's Court Judge v. Wayne Circuit Judge, 347 Mich. 567, 80 N.W.2d 481 (1957), the Supreme Court issued a writ of prohibition preeventing a circuit judge from reviewing a felony conviction entered by a Recorder's Court judge. The Court relied on Detroit v. Wayne Circuit Judge, Supra, for the holding that the Recorder's Court was equal to the circuit court in cases involving the general criminal laws of the State.

The statutory provisions also demonstrate the legislative intent that the Recorder's Court insofar as it deals with felony trials has co-equal status with the circuit court. Thus, M.C.L.A. § 726.11; M.S.A. § 27.3561, provides in part:

'The said recorder's court shall have original and exclusive jurisdiction of all proscutions and proceedings in behalf of the people of this state, for crimes, misdemeanors, and offenses arising under the laws of this state, and committed within the corporate limits of the city of Detroit, * * * and especially to issue all writs and process, and to do all acts which the circuit courts of this state, within their respective jurisdictions, may, in like cases, issue and do by the laws of this state * * *.' ⁴

M.C.L.A. § 726.17; M.S.A. § 27.3567, provides:

'The judge of said recorder's court shall possess the same power to grant writs of habeas corpus, returnable before himself, and to adjudicate thereon, and do all acts in vacation touching any suit or proceeding in said court, as is now, Or may be possessed by the judges of the circuit courts of the state, in matters before said circuit courts.' (Emphasis added.)

M.C.L.A. § 726.24; M.S.A. § 27.3574, provides:

'All proceedings of the recorder's court at any time before or after final judgment or sentence may be reviewed, In the same manner that like circuit court proceedings may be reviewed, and the court to which the review is taken shall proceed to an adjudication in the same manner as on proceedings from the circuit courts.' (Emphasis added.)

It is undisputed that a circuit judge may consider a motion to dismiss after the defendant has been bound over for trial. As we...