Healthy Solutions for Common Concerns
Consistent, effective decision making. Skilled application of the law. Improved outcomes for children and families. While these are the promises of a non-rotating Family Division bench, some worry about implementation challenges or unintended outcomes. Fortunately, the Family Law Section of the State Bar of Michigan has anticipated many of these concerns and developed thoughtful, practical solutions for the future.
Implementation Issues
Do judges have to handle only family court cases under the proposed Dedicated Family Court legislation?
No, they don't. Judges in the Family Division won't be limited to just family court cases. It's unlikely that the workload for family cases will match the number of judges available. So, judges can still take on other types of cases if needed or if they are interested in doing so. Courts will continue to manage case assignments in a way that meets the needs of their communities.
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What happens if the number of family court cases doesn't perfectly match the number of judges?
That's okay! The law allows flexibility in assigning cases. For example, if a court has enough family cases to fill one and a half judges' dockets, those cases can be shared among two judges. One judge could take on 75% of family cases, and the other judge could do the same, while both also handle different types of cases for the remaining 25% of their time. This helps balance the workload and ensures judges are fully utilized while meeting the goal of having one judge for each family.
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How are judges assigned to the Family Division?
Every circuit court already has a Family Division.
Judges are already hearing family-related cases.
Under the proposed law, if a circuit has two or more judges, at least one must be assigned to the Family Division. The number of judges needed will be based on a study by the Michigan Supreme Court that looks at the workload (or "case weights") in each court.
Courts will examine their family court case numbers, both for new cases and ongoing ones, to figure out how many judges are needed in the Family Division.
The goal is to make sure enough judges are focused on family law to handle the required cases.
The manner in which judges are assigned to the Family Division will be specified in each Circuit's stakeholder-reviewed Family Court Plan.
The legislation aims to avoid assigning too many judges to the Family Division. Instead, it seeks to develop judges who specialize in family law while still allowing flexibility when workloads change.
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How do courts assign cases to the Family Division and make sure they follow the new law?
The process remains mostly the same. The types of cases that go to the Family Division are, for the most part, already outlined in the current law, and this legislation doesn't change that.
What's new is the focus on fully implementing the "one family, one judge" rule, which means a single judge will oversee all of a family's cases. Each Circuit Court will still have the flexibility to decide how to balance cases among judges according to their family court plan. The new law also brings more voices to the table when creating that plan, adding input from different stakeholders to make sure the goals of the family court are met.
What do you mean, "for the most part"? Will new types of cases go to the Family Division?
A very small number of cases will be redirected to the Family Division under the new statute. In keeping with the spirit of "one family, one judge," people who wish to have their names expunged from the Michigan Children's Protective Services (CPS) Central Registry will go through the Family Divison to do so. This is a change.
The Central Registry contains names of individuals who have been found to have committed child abuse or neglect after a CPS investigation. Being listed on the registry can have serious consequences, such as limiting one's ability to work in certain professions or volunteer with children.
Because the Family Division will be charged with addressing these types of issues, it is appropriate for them to hold ultimate responsibility for determining when and if expungement should occur.
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How are court staffing issues handled? Can employees like the adoption specialist keep their jobs?
Yes, they can. The proposed law doesn't discuss how courts manage their staff. After receiving feedback, the law was adjusted to ensure that Judge/Referee teams can still work together to support the "one family, one judge" approach.
The chief judge, or the chief judge of the Family Division, will continue to handle all staffing and administrative matters within the Family Division.
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Will the new legislation work in small counties?
Yes, it will. The law is designed to work in counties of all sizes, even those with only one circuit judge.
Here's how it breaks down:
For circuits with only one circuit judge (about 32 of 57 circuits): The new law doesn't require a permanent Family Division judge. The single judge can still manage both family and other types of cases.
For circuits with 2 circuit judges (12 circuits): At least one circuit judge, and possibly one or two probate judges, can be assigned to the Family Division, making it easier to follow the new rules.
In other circuits: Probate judges can be assigned to the Family Division, providing flexibility for handling family cases in smaller areas.
The legislation is flexible, allowing circuits with different numbers of judges to adapt to the workload and meet the goals of the Family Division.
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Is there any precedent for this kind of court structure?
Absolutely! Michigan's Business Court system is a specialized docket within the state's circuit courts, designed to handle complex business and commercial disputes efficiently. Established in 2013, these courts streamline case management, promote consistency in rulings, and provide a more predictable legal environment for businesses. Judges assigned to business courts have expertise in commercial litigation, allowing for more informed decision-making. The system helps resolve disputes involving contract breaches, shareholder conflicts, trade secrets, and other business-related legal matters. By focusing on efficiency and expertise, Michigan’s business courts support economic stability and fair resolution of business disputes statewide. Judges are required to apply for seats on the Business Court bench, and they must attend training events as directed by the Michigan Supreme Court.
Unique Judicial Concerns
What will happen if a judge should become professionally burned out after dealing with so many complex family issues?
In any profession, including the judiciary, burnout can become a concern —but it doesn't have to signal the end of a career. Whether through professional support, peer networks, self-care, or even career transitions, there are multiple ways to respond and recover from burnout. Just as in other fields, it's about finding the right balance between work demands and personal well-being.
For many judges on the family law bench, however, helping families is a deep passion and commitment. In fact, the goal here is to attract and support judges who want to do right by Michigan children, parents and grandparents over the long term.
This also poses an issue for prosecutors transitioning to the bench. Many of them choose two-year Family Division assignments so they don't have conflicts with the cases in their county. What happens to them?
While it's understandable that prosecutors transitioning to the bench may have concerns about conflicts of interest, the priority in the Family Division must be the needs of families and children. Judges in family law play a crucial role in resolving sensitive, life-changing matters like custody, divorce, and child welfare, and these cases deserve the full attention and commitment of the judiciary.
In any type of court, prosecutors can certainly recuse themselves from individual cases where they have a direct conflict of interest due to their previous work.
However, they do not need to recuse themselves from all cases in their county for two years. The law allows for strategic recusal on a case-by-case basis, ensuring that conflicts are avoided without sidelining a judge from performing their duties.
Ultimately, choosing to take on a Family Division assignment should not be a temporary solution simply to avoid conflicts. The best interests of families and children must come first, and judges should be prepared to engage fully with the responsibilities of family law or consider other areas of the bench that more closely align with their long-term career goals.
Governance Questions
Does this bill interfere with judicial independence?
No. The bill clears up confusion in current family court laws. It clarifies what "appropriate training" for judges means, ensuring they have enough expertise in family law to serve families and children effectively.
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Does this bill violate the separation of powers requirements of Michigan's Constitution?
No. The bill respects the separation of powers and doesn't overstep the judicial branch's authority. Michigan's Constitution allows the legislature to set specific limits on judicial authority, and this bill stays within those limits.
Does the bill create a new family court?
No. The bill does not create a new court. It simply addresses the needs of families and individuals who already go through the Family Division of the Circuit Court.