The Michigan Supreme Court is currently considering an amendment to court rules, which would have a detrimental impact on the defense of governmental immunity for schools.
Under Michigan Court Rules 7.2020 and 7.209, schools and others have the right to immediate appeal to the Michigan Appeals Court if a trial/circuit court decides to hold a case for trial that the school believes should be dismissed under the governmental immunity statute. This right of immediate appeal will be removed with the proposed rule change, and schools, local units of government, and the state of Michigan itself will be forced to go through costly trials that are currently avoided.
Opposition to this potential rule change is not about avoiding responsibility if it exists. Rather, it’s about forcing schools, and others, to face unnecessary trials that will cost a tremendous amount of time and resources that would be better spent in the classroom.
The following are just a few of the consequences of this proposed rule change:
- Significant legal fees in defending the school through a trial.
- Lost staff time as teachers, counselors, bus drivers and others sit in court waiting to testify.
- Eroded confidence of the public as school litigation is pending.
- Increased pressure to pay a legal settlement, even if the school still believes immunity applies to the situation.
- Costs of substitute staff to fill those positions that are a part of the trial.
- Increase in the number of frivolous claims that would start moving forward.
Resources
- Fact Sheet: Proposed Court Rule Amendment
- Sample Letter (download the Word doc)