5.2Authority to Accept Misdemeanor Pleas and Sentence Upon a Plea for Specific Violations

Under MCL 600.8511, a district court magistrate has the jurisdiction and duty to “arraign and sentence upon pleas of guilty or nolo contendere for violations of” specified acts, parts of acts, or a local ordinance substantially corresponding to the specified acts or parts of acts, when authorized by the chief judge of the district court district. For additional information on the specified acts for which a district court magistrate may accept pleas and impose sentence, see Section 5.2(A) (nontraffic), Section 5.2(B) (Michigan Vehicle Code), Section 5.2(C) (Natural Resources and Environmental Protection Act), and Section 5.2(D) (contempt or probation violations).

When authorized by the chief judge, presiding judge, or only judge of the district court, a district court magistrate may also “[a]ccept a plea of guilty or nolo contendere and impose sentence for a misdemeanor or ordinance violation punishable by a fine and which is not punishable by imprisonment by the terms of the statute or ordinance creating the offense.” MCL 600.8512a(b).

A district court magistrate may not accept a plea of guilty or nolo contendere for an offense unless it is expressly authorized under MCL 600.8511 or MCL 600.8512a. MCL 600.8513(1).

A.Specified Nontraffic Acts or Parts of Acts

Under MCL 600.8511(a), a district court magistrate has authority to sentence upon pleas of guilty or nolo contendere for violations of the following or a local ordinance substantially corresponding the following:

“(i) Part 487 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.48701 to [MCL] 324.48740.

(ii) Part 401 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to [MCL] 324.40120.

(iii) Part 801 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 to [MCL] 324.80199.

(iv) The motor carrier act, 1933 PA 254, MCL 475.1 to [MCL] 479.43.

(v) Motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to [MCL] 480.25.

(vi) Dog law of 1919, 1919 PA 339, MCL 287.261 to [MCL] 287.290.

(vii) Section 703 or 915 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703 and [MCL] 436.1915.

(viii) Part 5 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.501 to [MCL] 324.513.

(ix) Part 89 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8901 to [MCL] 324.8907.

(x) Part 435 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43501 to [MCL] 324.43561.

(xi) Part 731 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.73101 to [MCL] 324.73111.

(xii) Chapter LXXXV of the Michigan penal code, 1931 PA 328, MCL 750.546 to [MCL] 750.552c.” MCL 600.8511(a).

The magistrate may sentence upon pleas for these offenses only if:

•authorized by the chief judge of the district court district;¹ and

•the maximum permissible punishment does not exceed 90 days in jail or a fine, or both. MCL 600.8511(a).

B.Michigan Vehicle Code

A district court magistrate has the authority to accept guilty and no contest pleas and to impose sentence pursuant to the Michigan Vehicle Code (MVC), or a substantially corresponding local ordinance, except for offenses involving operating a motor vehicle while intoxicated or impaired under MCL 257.625 and MCL 257.625m, or a substantially corresponding local ordinance. MCL 600.8511(b).

A district court magistrate may accept a plea and impose sentence in a misdemeanor case arising under the MVC or a similar local ordinance only if:

•authorized by chief judge of the district court district;

•the maximum permissible punishment does not exceed 93 days in jail or a fine, or both;

•the defendant pleads guilty or no contest, and;

•the offense is not a violation of MCL 257.625 or MCL 257.625m or a substantially corresponding local ordinance.² MCL 600.8511(b).

C.Parts 811 and 821 of the Natural Resources and Environmental Protection Act

A district court magistrate has the authority to accept guilty and no contest pleas and to impose sentences pursuant to part 811 or 821 of the Natural Resources and Environmental Protection Act (NREPA), or a substantially corresponding local ordinance, except for operating an off-road vehicle in violation of MCL 324.81134³ or a snowmobile in violation of MCL 324.82128 or MCL 324.82129, or a substantially corresponding local ordinance. MCL 600.8511(c).

A district court magistrate may accept a plea and impose sentence in a misdemeanor case arising under the specified parts of the NREPA or a similar local ordinance only if:

•authorized by chief judge of the district court district;

•the maximum permissible punishment does not exceed 93 days in jail or a fine, or both;

•the defendant pleads guilty or no contest, and;

•the offense is not operating an off-road vehicle or snowmobile while intoxicated or impaired governed by MCL 324.81134, MCL 324.82128, or MCL 324.82129, or a substantially corresponding local ordinance. MCL 600.8511(c).

D.Contempt or Probation Violations

A district court magistrate is authorized to accept a plea in regard to a contempt violation or a violation of a condition of probation. MCL 600.8511(d). However, the district court magistrate may not sentence a defendant in these cases. MCL 600.8511(d).

The statute permits a magistrate to accept a plea when authorized by the chief judge of the district court and when the violation arises directly out of a case for which the “district court magistrate conducted the arraignment under [MCL 600.8511(a), MCL 600.8511(b), or MCL 600.8511(c)], or the first appearance under [MCL 600.8513], involving the same defendant.” MCL 600.8511(d). Further, MCL 600.8511(d) “applies only to offenses punishable by imprisonment for not more than 1 year or a fine, or both.” MCL 600.8511(d). “The district court magistrate may set bond and accept a plea but shall not conduct a violation hearing or sentencing.” MCL 600.8511(d).