4.4Authority of District Court Magistrate

Note—Magistrate and District Court Magistrate Definitions: The terms magistrate and district court magistrate are not always synonymous. According to the Code of Criminal Procedure, a magistrate is a judge of the district court or municipal court, and this term does not include a district court magistrate. MCL 761.1(l). The term district court magistrate is specifically used in the Code of Criminal Procedure when the subject matter involves a district court magistrate. See also MCR 6.003(4) (defining court or judicial officer as “a judge, a magistrate, or a district court magistrate authorized in accordance with the law to perform the functions of a magistrate”).

“Proceedings involving district court magistrates must be in accordance with relevant statutes and rules.” MCR 4.401(A). A district court magistrate may exercise the powers, jurisdiction, and duties of a district court judge if expressly authorized by the Revised Judicature Act, MCL 600.101 et seq., or by another statute. MCL 761.1(l). “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). Moreover, “[a]n action taken by a district court magistrate may be superseded, without formal appeal, by order of a district judge in the district in which the magistrate serves.” MCR 4.401(C). The authority of district court magistrates to conduct criminal proceedings is detailed in several different statutes:

•MCL 600.8511(a)-(d) grant district court magistrates the jurisdiction and duty to arraign and sentence upon pleas of guilty or nolo contendere for several specified violations.

•MCL 600.8511(h) grants district court magistrates the authority to conduct probable cause conferences.¹

•MCL 600.8513(1) grants district court magistrates the authority to conduct the first appearance of a defendant before the court in all criminal cases. However, MCL 600.8513 does not authorize any district court magistrate to accept a plea of guilty or nolo contendere not expressly authorized pursuant to MCL 600.8511 or MCL 600.8512a.

•MCL 600.8513(2)(a) grants district court magistrates the authority to approve and grant petitions for the appointment of an attorney to represent an indigent defendant accused of any misdemeanor punishable by imprisonment for not more than one year. See the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 5, for additional information on a magistrate’s authority to appoint counsel.

•MCL 600.8513(2)(c) grants district court magistrates the authority to sign a nolle prosequi dismissing any criminal or ordinance violation case upon the written authorization of the prosecuting or city attorney where no preliminary examination or trial has commenced. See also SCAO Form MC 263, Motion/Order of Nolle Prosequi. After signing a nolle prosequi, the district court magistrate may also release any bail bond or bail bond deposit. MCL 600.8513(2)(c). If the preliminary examination or trial has commenced or if a plea has been accepted, the dismissal order may only be entered by the presiding judge or his or her alternate. Id.

See the following for additional information on the authority of district court magistrates:

•Section 4.8(A) (use of audio and video technology);

•Section 4.13(A) (to appoint counsel);

•Section 2.4 (to issue arrest warrants and summons);

•Section 2.21 (to issue search warrants);

•Section 4.5 (to conduct arraignments and first appearances);

•Section 3.1 (to fix bail and accept bond);

•Section 6.2 (to preside over civil infractions and misdemeanors or ordinance violations not punishable by imprisonment);

•Section 5.2 (to preside over enumerated offenses punishable by imprisonment); and

•Section 4.20 (to conduct probable cause conferences).