An Overview of Michigan's District Courts
In 1969 Michigan Law consolidated almost all of the state's Municipal Courts into a co-ordinated system of Districts where full-time judges, elected by the citizens, could serve the local legal needs of their communities as "courts-of- record." There are l00 District Courts in Michigan. Their 265 District Judges handle hundreds of thousands of traffic, criminal, and civil cases annually.
JURISDICTION
The Court has exclusive jurisdiction of :
(1) Jury and non-jury adjudication of all civil litigation up to $25,000.00 (Civil cases are non-criminal disputes--they are all cases where no one is going to jail.) District Courts also may handle cases over $25,000 where a Circuit Judge has decided that the "probable value" is under that amount, but the judge or jury has no limitation in those cases as to what the final judgment amount may be. In many counties, District Judges hear some Circuit Court cases if time allows on the District Court docket and if the Circuit Judge needs assistance.
(2) Jury and non-jury trials of all criminal misdemeanors under State law or local ordinances. (that's where punishment may not exceed one year in jail)
(3) The arraignment, setting and acceptance of bail and conducting of "preliminary examinations" in felony cases (felonies are cases where punishment may exceed one year of imprisonment) At preliminary Examination, the judge hears testimony from witnesses and determines if their is "probable cause" to believe that the charge is correct and "probable cause" to believe the defendant charged is the person who committed that offense. If probable cause is found, the matter proceeds to a jury or non-jury trial.
(4) all traffic and parking violations
(5) small claims disputes (under $1750.00)
(6) all landlord tenant disputes and land contracts forfeitures and
(7) performing marriages
JUDICIAL STAFF
The Court is served by elected judges who, in many Courts, appoint magistrates to assist them. Judges are State Officials and are paid (almost entirely) by the State, but the Courts and their other employees are provided by local communities or counties. District Judges are attorneys who are elected on non-partisan ballots for terms of six years. The Governor may appoint replacement to fill vacancies. The judge appointed must stand for election at the next regularly scheduled General election.
A Magistrate's duties are limited by statute and by the Order of the District Court Chief Judge. They can include conducting arraignments, setting bail, conducting small claims trials, traffic informal hearings and performing marriages. Any litigant who does not like the decision of a Magistrate is entitled to a completely new hearing or trial before a judge (in all cases, except weddings!).
ADMINISTRATION & ORGANIZATION
Most District Courts are divided into 5 divisions:
Court Administration: Responsible for personnel and fiscal management, juror co-ordination, maintenance of caseflow and court calendaring.
Criminal and Parking Division: Maintains criminal record keeping systems and the processing and scheduling of all criminal violations and parking tickets.
Traffic & Ordinance Division: Responsible for maintaining court records on all traffic and ordinance violations and the processing and scheduling of these cases.
Civil Division: Maintains records on general civil, landlord-tenant and small claims cases and the scheduling and processing of these cases. (Civil cases are all non-criminal and non-traffic matters)
Probation Dept.: Responsible for the supervision, counseling and referral of defendants placed on probation. The Probation Department also performs alcohol assessments and pre-sentence investigation. Those who cannot afford to pay fines and costs are supervised in community service placements with non-profit agencies where they can contribute volunteer hours in lieu of payment, at the judge's discretion. Many Courts benefit from Volunteers who assist in their probation departments. After completing a training course provided by court staff, citizens in some courts may handle a probation case or cases geared to their own time and availability. Volunteer probation officers provide an indispensable service to probationers, the Court and their community.
SMALL CLAIMS MEDIATION PROGRAM
Some urban Courts also have a Small Claims Mediation Program in which attorneys volunteer their time to assist the Court and the public in resolving small claims disputes.
EDUCATIONAL GROUP VISITS & TOURS
District Courts encourage the community to learn more about their operation and jurisdiction through special educational tours and visits offered by the judges. Visiting groups may receive an orientation on local court operations, take a tour of the facility, discuss the Court with the Judges if time allows, and observe courtroom proceedings.
VISITS TO SCHOOLS AND COMMUNITY GROUPS
District Judges regularly visit the schools in their local areas and speak to church and civic groups. Some judges are able to conduct court proceedings right in their local high schools once or twice a year in areas where the court does not have the capacity to hold large numbers of visiting students.
INTERN PROGRAM
Some District Courts offer internships to high school, college and law students in various capacities to provide first-hand experience and job training skills to students for academic credit. Interns have been used to provide research assistance to judges, assist in the Probation Department and general court operations.
COURT HOURS
Michigan District Courts are open 365 days a year to provide for the Constitutional guarantee to a speedy arraignment so the Court can inform anyone arrested as the criminal charge against them and the appropriate bail.
The public is always welcome weekdays during normal court hours to visit our courts and see them in action. There are no guarantees as to what's going to be on the docket---some days are more interesting than others, but as long as you do so quietly, you are free to enter and leave the proceedings as you wish. Call your local District Court for hours of operation and to learn what cases are docketed.
