Wayne County Prosecuting Attorney v. Recorder's Court Judge, Docket No. 9993
| Decision Date | 27 October 1970 |
| Docket Number | Docket No. 9993,No. 1,1 |
| Parties | WAYNE COUNTY PROSECUTING ATTORNEY, Plaintiff, v. RECORDER'S COURT JUDGE, Defendant |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., for plaintiff.
Oliver C. Nelson, Detroit, for defendant.
Before McGREGOR, P.J., and QUINN and BRONSON, JJ.
Plaintiff seeks relief from an order of a municipal judge who, while acting as an examining magistrate in Recorder's Court by direction of the Supreme Court pursuant to M.C.L.A. § 600.225 (Stat.Ann.1970 Cum.Supp. § 27A.225), bound an accused over for trial on a charge of murder in the second degree, M.C.L.A. § 750.317 (Stat.Ann.1954 Rev. § 28.549), rather than murder in the first degree, M.C.L.A. § 750.316 (Stat.Ann.1954 Rev. § 28.548), as charged in the complaint and warrant. The people request this Court to exercise superintending control and remand the case to the magistrate and order him to perform his alleged duty to bind the accused over for trial on the original charge.
We decline to entertain a complaint for an order of superintending control brought to review an exercise of discretion by an examining magistrate because policy dictates that such a complaint be filed in circuit court. People v. Flint Municipal Judge (1970), 383 Mich. 429, 175 N.W.2d 750.
It is clear that circuit courts have jurisdiction to issue superintending control orders to inferior courts and tribunals. M.C.L.A. § 600.615 (Stat.Ann.1962 Rev. § 27A.615), GCR 1963, 711.4(1).
The municipal judge in this case was acting in a magisterial capacity in Recorder's Court and, hence, is subject to the superintending control of the Wayne County Circuit Court. M.C.L.A. § 600.615 (Stat.Ann.1970 Cum.Supp. § 27A.615). Elected Recorder's Court judges acting in a magisterial capacity are subject to the same superintending control. People v. Paille #1 (1970), 383 Mich. 605, 178 N.W.2d 469.
Any concurrence or quality of status between judges of the Recorder's Court and judges of the Wayne County Circuit Court does not operate to prevent the latter from reviewing action of Recorder's Court judges acting in a magisterial capacity. The statutory prohibition, considered in Paille #1, against one Recorder's Court judge reviewing or revising an act of another judge of that court, applies 'intra-court' only. 383 Mich. at p. 607. Further evidence of the fact that Wayne County Circuit Court judges can review Recorder's Cour...
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