15.10​Rules Governing Pleas and Trials in Designated Proceedings

MCL 712A.2d(7) provides, in part:

“If a case is designated under this section, the proceedings are criminal proceedings and must afford all procedural protections and guarantees to which the juvenile would be entitled if being tried for the offense in a court of general criminal jurisdiction.”

A.​Pleas

“Pleas in designated cases are governed by subchapter 6.300 [of the Michigan Court Rules].” MCR 3.954.74 A plea of guilty or nolo contendere “must result in entry of a judgment of conviction,” which “must have the same effect and liabilities as if it had been obtained in a court of general criminal jurisdiction.” MCL 712A.2d(7).

B.​Trials

“Trials of designated cases are governed by Subchapter 6.400 [of the Michigan Court Rules], except for MCR 6.402(A).[75]” MCR 3.954. A verdict of guilty in a designated proceeding “must result in entry of a judgment of conviction,” which “must have the same effect and liabilities as if it had been obtained in a court of general criminal jurisdiction.” MCL 712A.2d(7).

MCR 3.911(C)(4) provides that jury procedure in a designated case is governed by MCR 6.401–MCR 6.420. In addition, MCL 712A.17(2) provides that “[t]he jury shall be summoned and impaneled in accordance with . . . MCL 600.1300 to [MCL] 600.1376, and . . . as provided in . . .  MCL 768.1 to [MCL] 768.36.”76

As provided in MCR 3.904(A)(2), “as long as the juvenile is either present in the courtroom or has waived the right to be present, on motion of either party showing good cause, the court may use videoconferencing technology to take testimony from an expert witnesses or a person at another location in any delinquency, designated, or personal protection violation proceeding under [subchapter 3.900 of the Michigan Court Rules].” MCR 3.904(A)(2). “At trial, the court may use videoconferencing technology with the consent of the parties.” MCR 3.904(A)(3). “A party who does not consent to the use of videoconferencing technology to take testimony from a person at trial shall not be required to articulate any reason for not consenting.” Id. See Section 1.4 for discussion of videoconferencing technology.

74. For a complete discussion of pleas under MCR 6.301 et seq., see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 6.

75. MCR 6.402(A) governs the timing of a waiver of jury trial by a criminal defendant. See Section 15.12 for discussion of waiver of jury trial in designated cases.

76. For a complete discussion of criminal trial proceedings, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 12.