2.4District Court Magistrate’s Authority to Issue Arrest Warrants and Summonses
The Revised Judicature Act of 1961 (RJA), MCL 600.101 et seq., and the Code of Criminal Procedure, MCL 760.1 et seq., both address a district court magistrate’s power to issue an arrest warrant or summons. See MCL 600.8511(e); MCL 764.1. Arrest warrants and summonses are also addressed by the Michigan Court Rules. See MCR 6.102. “Notwithstanding statutory provisions to the contrary, district court magistrates exercise only those duties expressly authorized by the chief judge of the district or division.” MCR 4.401(B).
Chapter 85 of the RJA specifically addresses magistrates, and provides that a district court magistrate has the jurisdiction and duty to “issue warrants for the arrest of a person upon the written authorization of the prosecuting or municipal attorney, except written authorization is not required for a vehicle law or ordinance violation within the jurisdiction of the magistrate if a police officer issued a traffic citation under . . . MCL 257.728, and the defendant failed to appear.” MCL 600.8511(e).
The Code of Criminal Procedure also provides guidance to magistrates regarding the requirements for issuance of an arrest warrant or summons.
“(1) For the apprehension or summons of persons charged with a felony, misdemeanor, or ordinance violation, a judge or district court magistrate may issue processes to implement [Chapter 4 of the Code of Criminal Procedure], except that a judge or district court magistrate shall not issue a warrant or summons for other than a minor offense unless an authorization in writing allowing the issuance of the warrant or summons is filed with the judge or district court magistrate and, except as otherwise provided in [the Code of Criminal Procedure], the authorization is signed by the prosecuting attorney, or unless security for costs is filed with the judge or district court magistrate.
(2) A judge or district court magistrate shall not issue a warrant for a minor offense unless an authorization in writing allowing the issuance of the warrant is filed with the judge or district court magistrate and signed by the prosecuting attorney, or unless security for costs is filed with the judge or district court magistrate, except if the warrant is requested by any of the following officials for the following offenses:
(a) Agents of the state transportation department, a county road commission, or the public service commission for violations of the motor carrier act, . . . MCL 475.1 to [MCL] 479.42, or the motor carrier safety act of 1963, . . . MCL 480.11 to [MCL] 480.25, the enforcement of which has been delegated to them.
(b) The director of the department of natural resources, or a special assistant or conservation officer appointed by the director of the department of natural resources and declared by statute to be a peace officer, for a violation of a law that provides for the protection of wild game or fish.
(3) A complaint for an arrest warrant or summons may be made and an arrest warrant or summons may be issued by any electronic or electromagnetic means of communication from any location in this state, if all of the following occur:
(a) The prosecuting attorney authorizes the issuance of the warrant or summons. Authorization may consist of an electronically or electromagnetically transmitted facsimile of the signed authorization.
(b) The judge or district court magistrate orally administers the oath or affirmation, in person or by any electronic or electromagnetic means of communication, to an applicant for an arrest warrant or summons who submits a complaint under this subsection.
(c) The applicant signs the complaint. Proof that the applicant has signed the complaint may consist of an electronically or electromagnetically transmitted facsimile of the signed complaint.
(4) The person or department receiving an electronically or electromagnetically issued arrest warrant or summons must receive proof that the issuing judge or district court magistrate has signed the warrant or summons before the warrant or summons is executed. Proof that the issuing judge or district court magistrate has signed the warrant or summons may consist of an electronically or electromagnetically transmitted facsimile of the signed warrant or summons.
(5) A judge or district court magistrate may sign an electronically or electromagnetically issued arrest warrant or summons when he or she is at any location in this state.” MCL 764.1.
“A magistrate shall issue a warrant or summons upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed that offense.” MCL 764.1a(1).
SCAO Form DC 225s, Misdemeanor Complaint, contains a box in the lower left portion of the complaint for the prosecuting official’s signature. If the prosecutor’s signature does not appear in this box, the court, except in very limited circumstances, has no authority to issue the warrant or summons and should refer the complaining witness back to the prosecuting official to procure the required signature. See MCL 764.1(1)-(2).
“A court must issue an arrest warrant or a summons . . . if presented with a proper complaint and if the court finds probable cause to believe that the accused committed the alleged offense.” MCR 6.102(A). See MCR 6.102, which is the court rule addressing summonses in criminal cases.
The requirement that the prosecuting attorney sign an order authorizing issuance of a warrant or that security for costs be filed should be strictly followed. People v Holbrook, 373 Mich 94, 98-99 (1964). See also People v White, 167 Mich App 461, 465 (1988), abrogated in part on other grounds by People v Russo, 439 Mich 584, 602-603 (1992)1 (holding that a “magistrate’s power to issue an arrest warrant . . . [is] expressly dependent on the written authorization of the prosecuting attorney or the municipal attorney[]”).
D.Circumstances Under Which a Warrant May be Issued Without Written Authorization
•A district court magistrate does not need written authorization to issue an arrest warrant for “a vehicle law or ordinance violation within the jurisdiction of the magistrate if a police officer issued a traffic citation under . . . MCL 257.728[2], and the defendant failed to appear.” MCL 600.8511(e).
•A district court magistrate may issue a warrant for a minor offense without written authorization if security for costs is filed with the magistrate. MCL 764.1(2).
•A district court magistrate may issue a warrant for a minor offense without written authorization if the warrant is requested by certain officials for specified offenses. MCL 764.1(2). Specifically:
•“Agents of the state transportation department, a county road commission, or the public service commission for violations of the motor carrier act, . . . MCL 475.1 to [MCL] 479.42, or the motor carrier safety act of 1963, . . . MCL 480.11 to [MCL] 480.25, the enforcement of which has been delegated to them.” MCL 764.1(2)(a).
•“The director of the department of natural resources, or a special assistant or conservation officer appointed by the director of the department of natural resources and declared by statute to be a peace officer, for a violation of a law that provides for the protection of wild game or fish.” MCL 764.1(2)(b).
An arrest warrant may be issued for a juvenile through district court if the juvenile is 14 years of age or older but less than 18 years of age and the prosecuting attorney has reason to believe that the juvenile committed a specified juvenile violation. MCL 764.1f(1).
F.Arrest Warrants Distinguished From Bench Warrants
A district court magistrate is not authorized to issue a bench warrant. See MCL 600.8511 (discussing the jurisdiction and duties of a district court magistrate without including an authorization for issuing a bench warrant); In re James, 492 Mich 553, 566-567 (2012) (finding that the judge committed misconduct by requiring a district court magistrate to sign bench warrants “in violation of MCL 600.8511,” and noting that the judge was the only person “who had legal authority to sign bench warrants”).
The purpose of the bench warrant is to bring the defendant before the court to answer to a charge of contempt of court. See MCR 3.606(A).
1 For more information on the precedential value of an opinion with negative subsequent history, see our note.
2 MCL 257.728 refers to traffic misdemeanors.