The Michigan Supreme Court recently adopted several substantive changes to court rules governing criminal practice, effective January 1, 2006.

Although the amendments may be viewed in their entirety at www.courts.michigan.gov/supremecourt/Resources/Administrative/2003-04-071305-2.pdf or in the September 2005 edition of the Michigan Bar Journal, this month’s update highlights the more significant changes directly affecting your district court.

●    MCR 2.511(D) / Impaneling the Jury:  conviction of a felony has been deleted as grounds to challenge a juror for cause [ but cf. MCL 600.1307a(1)(e) and Froede v Holland Ladder Co, 207 Mich App 127 (1994) ].

●    MCR 6.004(C) / Speedy Trial:  modifies the 28-day rule to allow continued pre-trial incarceration if the court finds by clear and convincing evidence that the defendant is likely either to fail to appear for future proceedings or presents a danger to the community.

●    MCR 6.006 / Video and Audio Proceedings:  authorizes use of two-way interactive video technology, with some limitations, in virtually all proceedings.

●    MCR 6.610(F)(2) / Sentencing:  unless an indigent defendant enjoys appointed counsel or waives the right to an attorney, the sentence cannot be the basis for enhancement of any subsequent charge or sentence, nor incarceration for violation of any condition (including probation) imposed with the conviction.

●    MCR 6.610(G) / New Trial:  a motion for new trial must be filed within 21 days after judgment; except a delayed motion may be filed within the time for filing application for leave to appeal.

●    MCR 6.610(H)(1) / Arraignment; Offenses Not Cognizable by the District Court:  allows the district court, at the initial arraignment on felonies and circuit court misdemeanors, to merely inform defendants of the nature of the charge rather than read the complaint / warrant verbatim into the record (i.e. paralleling MCR 6.104(E)(1) and 6.610(D)(1)(a)).

●    MCR 6.620(B)(2) / Impaneling the Jury:  authorizes the court, on a showing of good cause, to grant additional peremptory challenges (which need not be equal for each party).

Hopefully, these changes affecting district court practice will be well-received by the bench and bar.

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