A2Politico: Our County Courts Have the “Slows” and the Human Costs Are Staggering

by P.D. Lesko

Data collected by Michigan’s State Court Administrative Office shows that the judges who serve the people of our county have seen a slight uptick in the total number of cases filed between 2021 (47,026) and 2024 (52,164). However, since 2008, the total number of filings in Washtenaw County’s five courts has fallen from 101,508, or by about 46 percent overall.

In the 22nd Circuit Court, the trend of fewer incoming cases mirrors the overall statistics of County courts. From a high of 8,411 cases filed in the 22nd Circuit Court in 2006, in 2024 that court saw 5,834 new cases filed, a 30 percent drop.

While the total number of cases filed in our Circuit Court is down by around one-third, it might be logical to assume the amount of time it takes from the time a case is filed to the moment the case is disposed of (adjudicated and closed) would be shorter. This would be wrong. In fact, the percentage of cases disposed within the initial guidelines adopted by that court to measure how long it should take for civil/criminal cases to be disposed, has fallen and sits well below the statewide court average.

The Washtenaw Circuit Court judges are hearing fewer cases overall, and the amount of time it takes litigants to have their cases adjudicated has risen significantly, adding not only time to the process, but expense to litigants who are represented. This efficiency gap is not only unreasonably high in human costs, but in costs to taxpayers, as well.

Data collected by the State Court Administrative Office show in the 22nd Circuit Court, felony case filings have fallen from a high of 2,361 in 2011 to 1,045 in 2024. In 2015, 99 percent of criminal cases were disposed of within the final time guidelines adopted by the 22nd Circuit Court for itself, and this met the statewide court average. In 2024, 79 percent of criminal cases were disposed of within the timeframe set forth in the final guidelines adopted by the 22nd Circuit Court for itself. This was below the 89 percent statewide court average.

To get to the 22nd Circuit Court on criminal charges, a person must be bound over by a district court (probable cause must exist that a crime was committed). The total number of filings in the 14-A District Court (Washtenaw County) has fallen from a high of 44,766 in 2006 to 21,453 in 2024. In 2024, only 26 percent of felony cases heard by the 14-A District Court’s three judges and two magistrates were disposed within the final time guidelines that court set for itself. The statewide court average was 58 percent. In 2014, 78 percent of felony cases heard in the 14-A District Court were disposed of within the final time guidelines that court set for itself, slightly higher than the statewide court average.

In human costs, inefficiencies in our county court system mean some criminal defendants sit in jail for months on end. Setting aside the costs per prisoner for incarceration, for defendants with mental health issues (as opposed to addiction issues), the cost of delays in adjudication and lack of treatment amount to cruelty. Individuals and their families suffer as criminal cases crawl through our courts.

While Judge Miriam Perry’s “People’s Court” is where litigants can go to be heard, in 2024 the 15th District Court disposed of 62 percent of civil filings (no jury demand) within the initial time guidelines the court set for itself. This is down from 92 percent in 2015.

In the 22nd Circuit Court, civil cases filed were disposed of even more slowly than criminal cases.

One explanation could be that between 2019 and 2024, the number of civil cases filed in the 22nd Circuit Court rose from 1,332 to 1,625, an increase of a little over 20 percent. However, during that time the percentage of cases disposed of within the initial time guidelines the court set for itself fell by 25 percent.

In 2015, 57 percent of civil cases were disposed of within the timeframe of the initial guidelines adopted by the 22nd Circuit Court for itself. In that year, the statewide court disposition time of civil cases within the initial guidelines was met 65 percent of the time. By 2024, the 22nd Circuit Court’s percentage of civil cases filed that were disposed of within the initial guidelines the court adopted for itself had dropped to 40 percent. The statewide court average that year was 62 percent of cases disposed within the initial time guidelines adopted.

“I Have a Packed Docket”

Michigan’s Code of Judicial Conduct requires judges to “treat every person fairly, with courtesy and respect.” The Code also requires that Michigan’s judges “be patient, dignified, and courteous to litigants.” To behave otherwise can have an adverse impact in the public’s confidence in the judiciary. In my experience, most of the county judges before whom I’ve appeared, and whom I have seen in action while covering stories for the newspaper, are dignified, courteous and respectful.

Circuit Court Chief Judge Patrick J. Conlin, Jr. is affable with both litigants and attorneys, alike.

Judge Miriam Perry of the 15th District Court calls her courtroom “the People’s Court.” She tells litigants that she is there to listen for as long as it takes. And she does.

14-A District Court Judge J. Cedric Simpson has 40,000 YouTube followers for good reason. In part, it’s the nature of the cases he gets assigned (self-represented litigants, landlord-tenant disputes, i.e.) and in part it’s how he looks out for the little guy and strives to right legal wrongs. To watch Judge Simpson turn the legal screws on scofflaw landlords is worth a ticket and popcorn.

These examples don’t negate the fact that our county judges can and do have unprofessional outbursts, and make mistakes in their rulings. A judge’s mistakes can be costly, frustrating, disappointing, even catastrophic. However, if one’s civil case doesn’t turn out as expected, at least the judge shouldn’t rub salt into the ruling by being a flaming piece of work along the way.

“I have a packed docket,” snapped one 22nd Circuit Court judge to a lawyer who’d asked to respond to comments made by opposing counsel in a case dealing with a default judgement. The judge put up a hand to stop the lawyer from speaking, sighed and then relented, allowing the lawyer to make his two minute response. One could attribute the judge’s failure to be courteous to the lawyer to a “packed docket” (armfuls of complicated work). However, the explanation of a “packed docket” is akin to the cashier who would be able to get his work done if not for those pesky customers.

Our judges are not cashiers, but to quote the County’s Budget Book, the 22nd Circuit Court provides “services” to the residents of Washtenaw County. The county courtrooms belong to the taxpayers who appear in them, literally.

In the County’s 2024-2027 budget book, between 2024 and 2027, the County’s budget shows taxpayers are expected to pay $71.4 million to enjoy the “services” of the 22nd Circuit Court. The county judges’ salaries are set and paid (in part) by the State of Michigan. Michigan’s 221 circuit court judges each earn base salaries of $172,134. Counties may and do supplement these salaries.

County taxpayers are paying more each year to fund county courts whose judges are hearing fewer and fewer cases, but taking longer and longer to get those cases through the system and disposed of. The answer isn’t as simple as advocating for the Legislature to create additional judgeships. The argument would be difficult given that the number of cases being filed has fallen so sharply. The answer lies somewhere between “I have a packed docket,” and “the People’s Court.” Our county’s chief judges need to come together to strategize improvements in overall efficiency: the human costs of their courts’ inefficiencies demand immediate action.

As for local judges who treat the people who appear before them as pesky customers, or worse, console yourself with this investigative piece published by Reuters in 2020: “Thousands of U.S. judges who broke laws or oaths remained on the bench.” Reuters also investigates tips about judicial misconduct: tips@thompsonreuters.com.