'sunshine Law,' 1976 Pa 267, In re
| Citation | 400 Mich. 660,255 N.W.2d 635 |
| Parties | In re the "SUNSHINE LAW", 1976 PA 267. |
| Decision Date | 18 July 1977 |
| Court | Supreme Court of Michigan |
Speaker of the House of Representatives
Gentlemen:
We address you on the applicability of the Open Meetings Act, 1976 PA 267, to the judicial branch. We are motivated by the same spirit of coordinate public obligation that impelled our predecessors twice before in our state's history to communicate directly to you our opinion on legislative action that profoundly affects this Court. In the Matter of Head Notes to the Opinions of the Supreme Court, 43 Mich. 641, 8 N.W. 552 (1881); In re Districting for Court of Appeals, 372 Mich. 227, 125 N.W.2d 719 (1964).
The Act closely regulates the meetings of certain public bodies and provides penalties and procedures for its enforcement. In its initial version as Senate Bill No. 920, the Act included within its definition of public body "any state or local * * * (judicial) * * * body". The definition was amended by the Legislature so that § 2(a), as enacted, does not include "judicial body" within the definition of public body. Nevertheless, § 3(7) retains the requirement that the Act applies "to a court while exercising rule-making authority and while deliberating or deciding upon the issuance of administrative orders."
After careful and due deliberation, we conclude that § 3(7) of 1976 PA 267 violates the Constitution of this state and we hereby follow the precedent set by Justices Marston, Campbell, Graves, and Cooley in Matter of Head Notes, supra, and submit our reasons for concluding that the courts of this state are not bound by the Act's provisions.
Const. 1963, art. 3, § 2 divides the powers of government among three branches and commits to each branch exclusive exercise of the functions properly belonging to it, except as otherwise expressly provided in the Constitution. This separation of powers is designed to preserve the independence of the three branches of government.
Art. 6, § 1 vests the judicial power of the state exclusively in one court of justice. Section 4 of that article vests general superintending control over all courts in the state in the Supreme Court and § 5 confers upon this Court the power to make rules to govern the practice and procedure within the courts. It is also well settled that under our form of government the Constitution confers on the judicial department all the authority necessary to exercise its powers as a coordinate branch of government. We refer you to Gray v. Clerk of Common Pleas Court, 366 Mich. 588, 115 N.W.2d 411 (1962); Perin v. Peuler (On Rehearing ), 373 Mich. 531, 130 N.W.2d 4 (1964); and Wayne Circuit Judges v. Wayne County, 386 Mich. 1, 190 N.W.2d 228 (1971).
The judicial powers derived from the Constitution include rule-making, supervisory and other administrative powers as well as traditional adjudicative ones. They have been exclusively entrusted to the judiciary by the Constitution and may not be diminished, exercised by, nor interfered with by the other branches of government without constitutional authorization. See Attorney General ex rel Cook v. O'Neill, 280 Mich. 649, 274 N.W. 445 (1937). It is our opinion that 1976 PA 267 is an impermissible intrusion into the most basic day-to-day exercise of the constitutionally derived judicial powers.
We are not unmindful of the...
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