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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6191 October 25, 1983 CONSTITUTIONAL LAW: Const 1963, art 3, Sec. 2--impact upon the authority of Governor to hold a hearing on removal from employment of a court reporter under veterans preference act GOVERNOR: Authority to hold hearing upon request of court reporter under veterans preference act VETERANS: Right of a court reporter to appeal removal from employment under veterans preference act A court reporter employed by a circuit court as part of the one court of justice may not, upon being removed from employment, invoke the veterans preference act, 1897 PA 205, and request a hearing before the Governor. Honorable James J. Blanchard Governor The Capitol Lansing, Michigan You have requested my opinion on the following question: Does the Separation of Powers Doctrine, Const 1963, art 3, Sec. 2, prohibit the Governor from holding a hearing pursuant to 1897 PA 205, Sec. 2, concerning the discharge of a court stenographer employed by a circuit court? 1897 PA 205, Sec. 2, MCLA 35.402; MSA 4.1222, provides, in pertinent part: 'No veteran . . . in any public department or public works of the state . . . shall be removed . . . from such office or employment except for official misconduct, habitual, serious or willful neglect in the performance of duty, extortion, conviction of intoxication, conviction of felony, or incompetency; and such veteran shall not be removed, transferred or suspended for any cause above enumerated from any office or employment, except after a full hearing before the governor of the state if a state employee, . . .' A court reporter employed to render service in the Recorders Court of the City of Detroit was held to be a state employee of the one court of justice in the judicial branch of government. Dillard v Wayne County Prosecuting Attorney, 110 Mich App 310; 313 NW2d 106 (1981), lv den 414 Mich 926 (1982). It follows that a court reporter employed by a circuit court is a state employee in the judicial branch of state government. Const 1963, art 3, Sec. 2, provides: 'The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution.' In Beadling v Governor of Michigan, 106 Mich App 530, 536; 308 NW2d 269 (1981), the court held the application of 1897 PA 205, Sec. 2, supra, to legislative employees would be unconstitutional because Const 1963, art 3, Sec. 2 'makes it clear that the three government branches are to be separate and coequal. In the Matter of the Petition for a Representation Election Among Supreme Court Staff Employees, 406 Mich 647, 662; 281 NW2d 299 (1979). The concept of separation of powers would be violated if the executive branch was allowed to judge the competency of a discharged employee of the legislative branch and order reinstatement. . . .' It is my opinion, therefore, that the separation of powers doctrine set forth in Const 1963, art 3, Sec. 2, would be violated if the Governor were to hold a hearing of the type contemplated by 1897 PA 205, Sec. 2, supra, concerning the discharge of a court reporter employed by a circuit court as part of the one court justice in the judicial branch of government. Frank J. Kelley Attorney General
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