Legal Opinion · Concurrence

In Re BAIL BOND FORFEITURE

Michigan Supreme Court

Decided June 25, 2014No. Docket 146033Published

1ConcurrenceYoung, C.J.

I fully join the majority’s opinion. I write separately, however, to note that the majority’s holding is perfectly consistent with the recognized narrow exception to the general rule that courts must refrain from creating remedies for statutory violations where the Legislature has not seen fit to provide a remedy.1

Generally speaking, this Court applies the plain meaning of the words used in a statute.2 When a statute contains a mandate but does not specify an accompanying remedy for violating that mandate, courts must refrain from creating a remedy.3 However, when the legislative mandate is a…

2Cases cited7 opinions

  1. Devillers v. Auto Club Ins. Ass'nMichigan Supreme Court · 2005
  2. Lash v. City of Traverse CityMichigan Supreme Court · 2007
  3. People v. AnsteyMichigan Supreme Court · 2006
  4. People v. WilcoxMichigan Supreme Court · 2010
  5. Fay v. WoodMichigan Supreme Court · 1887

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