Sec. 5.
The supreme court shall by general rules establish, modify, amend and simplify the practice and procedure in all courts of this state. The distinctions between law and equity proceedings shall, as far as practicable, be abolished. The office of master in chancery is prohibited.
History: Const. 1963, Art VI § 5, Eff. Jan. 1, 1964 Constitutionality: The State of Michigan, through the combined actions of the Supreme Court, the Legislature, and the State Bar, may compulsorily exact dues, and require association of attorneys, to support only those duties and functions of the State Bar which serve a compelling state interest and which cannot be accomplished by means less intrusive upon the First Amendment rights of objecting attorneys. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).The regulation of the practice of law, the maintenance of high standards in the legal profession, and the discharge of the profession's duty to protect and inform the public are purposes in which the State of Michigan has a compelling interest justifying unavoidable intrusions on the First Amendment rights of attorneys; on the other hand, political and legislative activities are impermissible intrusions, as are activities designed to further commercial and economic interests of the members of the bar. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).Former Constitution: See Const. 1908, Art. VII, § 5.
Structure Michigan Compiled Laws
Chapter 1 - Constitution of The State of Michigan of 1963
CONSTITUTION OF MICHIGAN OF 1963 - State Constitution (Article I § 1 - § 0)
Article VI - Judicial Branch (Article VI § 1...§ 30)
Article VI § 1 Judicial Power in Court of Justice; Divisions.
Article VI § 2 Justices of the Supreme Court; Number, Term, Nomination, Election.
Article VI § 3 Chief Justice; Court Administrator; Other Assistants.
Article VI § 4 General Superintending Control Over Courts; Writs; Appellate Jurisdiction.
Article VI § 5 Court Rules; Distinctions Between Law and Equity; Master in Chancery.
Article VI § 6 Decisions and Dissents; Writing, Contents.
Article VI § 7 Staff; Budget; Salaries of Justices; Fees.
Article VI § 8 Court of Appeals; Election of Judges, Divisions.
Article VI § 9 Judges of Court of Appeals, Terms.
Article VI § 10 Jurisdiction, Practice and Procedure of Court of Appeals.
Article VI § 11 Circuit Courts; Judicial Circuits, Sessions, Number of Judges.
Article VI § 12 Circuit Judges; Nomination, Election, Term.
Article VI § 13 Circuit Courts; Jurisdiction, Writs, Supervisory Control Over Inferior Courts.
Article VI § 14 County Clerks; Duties, Vacancies; Prosecuting Attorneys, Vacancies.
Article VI § 15 Probate Courts; Districts, Jurisdiction.
Article VI § 16 Probate Judges; Nomination, Election, Terms.
Article VI § 17 Judicial Salaries and Fees.
Article VI § 18 Salaries; Uniformity, Changes During Term.
Article VI § 19 Courts of Record; Seal, Qualifications of Judges.
Article VI § 20 Removal of Domicile of Judge.
Article VI § 21 Ineligibility for Other Office.
Article VI § 22 Incumbent Judges, Affidavit of Candidacy.
Article VI § 23 Judicial Vacancies, Filling; Appointee, Term; Successor; New Offices.
Article VI § 24 Incumbent Judges, Ballot Designation.
Article VI § 25 Removal of Judges From Office.
Article VI § 27 Power of Appointment to Public Office.
Article VI § 28 Administrative Action, Review.
Article VI § 29 Conservators of the Peace.
Article VI § 30 Judicial Tenure Commission; Selection; Terms; Duties; Power of Supreme Court.