1.3General Authority of District Court Magistrates
District court magistrates may only exercise the jurisdiction expressly provided by law and authorized by the chief judge of the district or division. MCR 4.401(B). Chapter 85 of the Revised Judicature Act, MCL 600.8501 et seq., sets out the statutory authority of district court magistrates. Specifically, MCL 600.8511, MCL 600.8512, and MCL 600.8512a address the jurisdiction, duties, and general powers of district court magistrates. Note that when the Code of Criminal Procedure or the Public Health Code refers to magistrates, the reference does not include district court magistrates. Additionally, MCR 4.401 addresses district court magistrates. “The judges of the district court shall exercise superintending control over all district court magistrates within their districts. A district judge may not extend the jurisdiction of a district court magistrate beyond the jurisdiction expressly provided by law.” MCL 600.8541(1). All district court magistrates serve at the pleasure of the judge(s) of the district court. MCL 600.8507(1).
A district court magistrate’s appointment and scope of authority must be documented through a local administrative order (LAO). Administrative Order No. 2009-6, 485 Mich xcv (2009). See Model LAOs for appointing district court attorney magistrates and district court nonattorney magistrates.
A district court magistrate may only exercise his or her authority in his or her court of appointment, which is the district court where the magistrate is a registered elector, where the LAO assignment is made, and where the magistrate is paid. See MCL 600.8501; MCL 600.8507; MCL 600.8521(1). A district court magistrate may also have authority in other courts pursuant to a concurrent jurisdiction plan under MCL 600.401, see Section 1.5(B), or pursuant to a multiple district plan under MCL 600.8320, see Section 1.7.
District court magistrates are broadly authorized to use videoconferencing technology. MCR 4.401(E) (“A district court magistrate may use videoconferencing technology in accordance with MCR 2.407[1] and MCR 6.006.”2) “A court may, at the request of any participant, or sua sponte, allow the use of videoconferencing technology by any participant in any criminal proceeding.” MCR 6.006(A)(2). In district and municipal court, the use of videoconferencing technology is the preferred mode for “conducting arraignments and probable cause conferences for in-custody defendants.” MCR 6.006(C)(1). “In all other proceedings, the in-person appearance of the parties, witnesses, and other participants is presumed.” MCR 6.006(C)(2).
Every determination that a district court magistrate makes is appealable to a district court judge as a matter of right. MCR 4.401(D).
Committee Tip:
District court magistrates may want to keep a copy of their authorization letter on the bench for quick reference.