6.13Authority of District Court Judges and Magistrates to Accept Misdemeanor Pleas¹

The district court has jurisdiction over all proceedings involving misdemeanors punishable by a fine or imprisonment not exceeding 1 year, or both, and ordinance and charter violations punishable by a fine or imprisonment, or both. MCL 600.8311(a)-(b); see also MCR 6.008(A). A district court has the same power to hear and determine matters within its jurisdiction as does a circuit court over matters within the circuit court’s jurisdiction. MCL 600.8317. A district judge must take a plea “as provided by court rule if a plea agreement is reached between the parties.” MCL 766.4(3).

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).

To the extent expressly authorized by the chief judge, presiding judge, or only judge of the district, MCL 600.8512a permits a district court magistrate to:

“(a) Accept an admission of responsibility, decide a motion to set aside a default or withdraw an admission, and order civil sanctions for a civil infraction and order an appropriate civil sanction permitted by the statute or ordinance defining the act or omission.

(b) Accept 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.”

Additionally, subject to the chief district judge’s approval, a district court magistrate has the authority to accept pleas for specified offenses. See MCL 600.8511(a)-(d). MCL 600.8511(b) specifically “establishes two different grants of authority.” People v VanEss, ___ Mich App ___, ___ (2024). “The first is to arraign and sentence upon a guilty or nolo contendere plea for violations of the motor vehicle code, except for violations of MCL 257.625 and MCL 257.625m if the penalty does not exceed 93 days in jail.” VanEss, ___ Mich App at ___. “The second grant of authority is to arraign and set bond for violations of MCL 257.625 and MCL 257.625m if authorized by the chief judge.” VanEss, ___ Mich App at ___. “Absent is the authority to sentence upon a plea of guilty or nolo contendere [for violations of MCL 257.625 and MCL 257.625m when the penalty exceeds 93 days in jail].” Id. at ___. Notably, “a district court judge has the express authority to supersede any action by a district court magistrate, even without a formal appeal.” Id. at ___, citing MCR 4.401(C).