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DISTRICT COURT UPDATE As knowledgeable practitioners know (and that certainly includes each member of the SCBA), MCR 6.610(D)(4) permits our local practice allowing defendants to plead not guilty to district court offenses by filing a signed written statement (without formal arraignment). The form used for many years has become outdated; particularly with last year’s amendment to the alcohol / drug driving statute. In recognition that time is marching on, our district court bench has approved a new form of Waiver of Arraignment. The new form (see attached Advice of Rights / Not Guilty Plea / Waiver of Arraignment) is available in electronic format from the court administrator’s office (contact Linda James) at e-mail address d70-11j@saginawcounty.com, or through the court’s updated webpage at http://www.saginawcounty.com/DistrictCourt. For "old school" practitioners, a hard copy of the new form is also available at the counter of the criminal division. Please discard your inventory of the old form, since only the new form is bound to receive a favorable reception from the criminal division clerks. Make sure you complete paragraphs 4, 5 and 6, as well as the signature / address / telephone blocks on the bottom of the form. Also note that the form must be accompanied by (A) your written Appearance, and (B) if your client is charged with a 93 day misdemeanor, a self-addressed stamped return envelope (for return of a signed Order for Fingerprints, which you are entrusted to coordinate through the Sheriff Department). Contrary to prior practice, licensing sanctions need not be circled: not only is paragraph 7 self-explanatory, it is implicit that your legal advice will extend to apprising clients of possible consequences beyond any minimum / maximum jail sentence (i.e. court imposed license suspension and/or vehicle immobilization, where applicable). Paragraph 8 is intended to comply with the specific requirement contained in MCL 257.625b(4) (for defendants who are being arraigned for alcohol / drug driving offense), as well as providing notice that other offenses may result in licensing sanctions by the secretary of state (i.e. independent of the court). Finally, as has been the prior practice, arraignment by mail is limited to non-assaultive misdemeanors, and formal arraignment is still required for all felonies and assaultive misdemeanors. Please advise if there are any questions, concerns or comments regarding the new form. To view the new form, click here. |