Fairness and equality are thereby lost as are the purposes of the statute. This court therefore finds that the automatic waiver statute is also an unconstitutional violation of the separation of powers doctrine. This court also finds that there is violation of due process as notice and opportunity to be heard on the issue of adult or juvenile sentencing is not afforded. Sentencing of a juvenile as an adult significantly increases the loss of freedom of the juvenile and thereby implicates a protectible liberty interest. Here, the private interest being affected by the prosecutorial action is the confinement of the juvenile for a substantially longer period and resulting deprivation of freedom.
Additional safeguards are of great value in assessing the merits of adult sentencing.
Additional safeguards would only require nominal additional burdens as the courts already has a system to assess the merits of adult sentencing. In addition, the decision maker under the statute is not an impartial judge but rather an adverse party to the case. As such, this court finds the statute violates Defendant's due process right to notice and opportunity to be heard by an impartial fact finder. Article 6, Section 5 of the Michigan Constitution provides that the Supreme Court shall establish the practice and procedure in the courts of this state. It is also settled that our Supreme Court is the final arbiter of all matters of practice and procedure in the Courts of this state.