(dissenting). I respectfully dissent from the majority’s conclusion with regard to issue ii. Although I agree that Michigan’s venue provisions are not jurisdictional, I would reverse because the trial court erred in denying claimants’ motion for a change of venue. In In re Forfeiture of Suitcases & Miscellaneous Items, 193 Mich App 132; 483 NW2d 650 (1992), this Court held that, although both the Macomb and the Oakland Circuit Courts had jurisdiction over the property at issue, venue was proper in the Macomb Circuit Court. The panel reasoned:
According to MCL 600.1605; MSA 27A.1605, venue involving claims concerning the recovery of personal property properly lies in the county in which the subject of the action is situated. Property taken or detained pursuant to forfeiture proceedings is deemed to be in the custody of the seizing agency. MCL 333.7523(2); MSA 14.15(7523) (2). Therefore, because custody of the cash, gold, and jewelry is deemed to be with Chesterfield Township, venue of the proceedings concerning these items must lie in Macomb County. [Id., p 135.]
In the present case, the seizing authority was an Oakland County police task force, and the majority of the property seized is located in Oakland County. Accordingly, venue must lie in Oakland County. I would hold that the trial court clearly erred in denying claimants’ motion to change venue to Oakland County, vacate the judgment, and remand to the Oakland Circuit Court for a *157new trial. Furthermore, I urge the claimants to seek review of this issue of venue in the Michigan Supreme Court.
I also dissent from the majority’s conclusion with regard to issue xi that the trial court’s conduct did not deny claimants a fair trial.
During the course of the trial, the trial court engaged in extensive questioning of witnesses. The trial court’s questioning of the people’s witnesses appears to have been intended to elicit testimony favorable to the people’s position, whereas the trial court’s questioning of claimants’ witnesses seems to have been intended to intimidate the witnesses. The trial court made sarcastic comments regarding some of claimants’ witnesses, further indicating its bias against claimants. In many instances, the trial court treated claimants or their attorneys with contempt. I disagree with the majority’s conclusion that the letter sent by Judge Talbot to the federal government does not indicate that Judge Talbot would unfairly decide a case. The letter calls into question the judge’s true reasons for denying claimants’ motions to change venue and challenging jurisdiction over the Florida property. The trial court’s actions support claimants’ assertion that Judge Talbot was biased or predisposed against claimants and their attorneys and that the trial court was influenced by personal interest. I would hold that the trial court’s conduct denied claimants a fair trial.