6.2Authority of District Court Magistrate
“A district court magistrate may hear, preside over, and conduct any of the following in civil infraction actions under [the Michigan vehicle code (MVC)], MCL 257.746, the Michigan Regulation and Taxation of Marijuana Act [(MRTMA)], MCL 333.27951 to [MCL 333.27967], or [MCL 600.8719] or [MCL 600.8819] of [the Revised Judicature Act (RJA)], or in civil fine actions under the Michigan Medical Marihuana Act [(MMMA)], MCL 333.26421 to [MCL 333.26430], as applicable:
(a) Admissions.
(b) Admissions with explanation.
(c) Motions to set aside default or withdraw admissions.
(d) Informal hearings.” MCL 600.8512(1).
“In exercising the authority conferred under [MCL 600.8512(1)], a district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law.” MCL 600.8512(2).
“If a defendant is determined to be responsible for a civil infraction, or, under the [MMMA], a civil fine, the district court magistrate may impose the civil sanctions authorized by the [MVC], MCL 257.907, the [MRTMA], or [MCL 600.8827] of [the RJA], as applicable.” MCL 600.8512(2).
MCL 600.8512a also provides that a district court magistrate may “[a]ccept an admission of responsibility, decide a motion to set aside a default or withdraw an admission, or order civil sanctions for a civil infraction and order an appropriate civil sanction permitted by the statute or ordinance defining the act or omission.” MCL 600.8512a(a).
A.Required Traffic Law Training Course
“A district court magistrate shall not conduct an informal hearing in a civil infraction action involving a traffic or parking violation governed by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to [MCL] 257.923, until he or she has successfully completed a special training course in traffic law adjudication and sanctions. The course must be given periodically by the state court administrator.” MCL 600.8512(3).
“A district court magistrate may exercise the authority conferred by this section only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.” MCL 600.8512(4). See also MCL 600.8512a (setting forth powers of a district court magistrate “[o]nly to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district”); MCR 4.401(B) (“Notwithstanding statutory provisions to the contrary, district court magistrates exercise only those duties expressly authorized by the chief judge of the district or division.”)