DISTRICT COURT UPDATE
Summons Article, November, 2006
written by
Hon. M. Randall Jurrens
The taking of felony pleas in district court is the topic of this month’s update.
As you may recall, notwithstanding the otherwise limited jurisdiction of district courts, MCR 6.111 authorizes district judges to conduct the circuit court arraignment and take a plea in criminal cases cognizable in the circuit court immediately after bindover if (A) authorized by the circuit court, and (B) the defendant, the defense attorney, and the prosecutor consent.
In order to take advantage of the perceived benefits of such a program, the Saginaw County Circuit Court has adopted a local administrative order (LAO 2006-01-J) authorizing your district judges (on a phased-in basis) to now take felony pleas.
In this regard, District Judges Tarrant and Jurrens have been assigned the task of implementing this initiative by taking guilty / no contest pleas on felony cases that can be disposed of immediately following bindover, effective 10-09-06; and, assuming no unforeseen developments, it is anticipated that all six district judges will soon be similarly taking felony pleas.
As contemplated by the court rule and LAO, after the district court’s completion of the plea process the assigned circuit judge will preside over all further proceedings, including sentencing.
Although fully expecting successful implementation, feedback from the bar is invited to assist the ongoing assessment of this program.
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