Circuit_Courts_Subject_Matter

2.5Circuit Cou rt’s Subject Matter Jurisdiction ¹⁰

The circuit court is the court of general jurisdiction. Const 1963, art 6, § 13; MCL 600.601; MCL 600.605; MCL 767.1; see also People v Lown, 488 Mich 242, 268 (2011). It has jurisdiction over all matters not assigned to other courts, except as otherwise provided by the Legislature. Const 1963, art 6, § 13; MCL 600.605. The circuit court may share jurisdiction with other courts under a plan of concurrent jurisdiction and is subject to the requirements of MCL 600.401 et seq. “A concurrent jurisdiction plan that was adopted, approved by the [S]upreme [C]ourt, and in effect on December 31, 2012, is considered valid and in compliance with the requirements of [MCL 600.401 et seq].” MCL 600.412.¹¹

The circuit court has subject matter jurisdiction over felonies and misdemeanors ¹² punishable by at least one year of imprisonment.¹³ See MCL 600.8311; Const 1963, art 6, § 13; Lown, 488 Mich at 268.¹⁴ The circuit court has jurisdiction over these offenses “from the bindover from the district court unless otherwise provided by law.” MCR 6.008(B).¹⁵

MCR 6.008(C)-(E) provide guidance regarding circuit court jurisdiction following bindover in the event that the defendant ultimately pleads guilty to or is convicted of a misdemeanor offense that would normally be cognizable in the district court.

•Misdemeanor pleas. “The circuit court retains jurisdiction over any case in which a plea is entered or a verdict rendered to a charge that would normally be cognizable in the district court.” MCR 6.008(C).

•Sentencing. “The circuit court shall sentence all defendants bound over to circuit court on a felony that either plead guilty to, or are found guilty of, a misdemeanor.” MCR 6.008(D).

•Concurrent jurisdiction and probation officers. “As part of a concurrent jurisdiction plan, the circuit court and district court may enter into an agreement for district court probation officers to prepare the presentence investigation report and supervise on probation defendants who either plead guilty to, or are found guilty of, a misdemeanor in circuit court. The case remains under the jurisdiction of the circuit court.” MCR 6.008(E).

10. For general discussion of subject matter jurisdiction, see Section 2.2.

11. See the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 2 for additional discussion of concurrent jurisdiction planning. See also SCAO’s concurrent jurisdiction webpage.

12. See Section 2.7() for discussion of the definitions of felony and misdemeanor.

13. The district court has jurisdiction over all proceedings involving misdemeanor punishable by a fine or imprisonment not exceeding one year, or both, and ordinance and charter violations punishable by a fine or imprisonment, or both. MCL 600.8311(a)-(b). In addition, the district court has jurisdiction over certain preliminary proceedings involving felonies and circuit court misdemeanors. MCL 600.8311(c)-(f); see also MCR 6.008(A). See Section 2.7 for discussion of district court jurisdiction.

14. The Family Division of Circuit Court (“Family Division”) has jurisdiction over “[c]ases involving juveniles as provided in [the Juvenile Code], MCL 712A.1 to [MCL] 712A.32.” MCL 600.1021(1)(e); see also MCL 600.601(4); MCL 600.1001; MCL 712A.1(1)(e). “Except as otherwise provided in [MCL 712A.2(a)(1)],” the Family Division has “[e]xclusive original jurisdiction superior to and regardless of the jurisdiction of another court” over a proceeding in which a juvenile under the age of 18 is accused of violating a law or ordinance, MCL 712A.2(a)(1), or of committing a status offense, MCL 712A.2(a)(2)-(4). The Family Division also has jurisdiction over proceedings involving personal protection orders (PPOs), including a PPO proceeding in which a juvenile under the age of 18 is the respondent, MCL 712A.2(h); MCL 600.1021(1)(k). See Section 2.4 for a brief discussion of personal jurisdiction over juveniles charged with felony offenses. For a complete discussion of jurisdiction over juvenile offenders, see the Michigan Judicial Institute’s Juvenile Justice Benchbook.

15. “The failure of the court to properly document the bindover decision shall not deprive the circuit court of jurisdiction.” MCR 6.008(B). See Chapter 7 for discussion of bindover.