1.25Jurisdiction and Duties of District Court Magistrates

MCL 600.8511(b) sets forth the jurisdiction and duty of district court magistrates in regard to violations of the MVC. MCL 600.8511(b) provides:

“A district court magistrate has the . . . jurisdiction and dut[y] . . . [t]o arraign and sentence upon pleas of guilty or nolo contendere for violations of the Michigan vehicle code, . . . MCL 257.1 to MCL 257.923, or a local ordinance substantially corresponding to a provision of the Michigan vehicle code, [MCL 257.1 to MCL 257.923], except for violations of [MCL 257.625 and MCL 257.625m], or a local ordinance substantially corresponding to [MCL 257.625 or MCL 257.625m], if authorized by the chief judge of the district court district and if the maximum permissible punishment does not exceed 93 days in jail or a fine, or both.” MCL 600.8511(b). “However, the chief judge may authorize the magistrate to arraign defendants and set bond with regard to violations of [MCL 257.625 and MCL 257.625m], or a local ordinance substantially corresponding to [MCL 257.625 or MCL 257.625m].”

Notably, MCL 600.8511(b) “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 [to violations of MCL 257.625 and MCL 257.625m].”). However, “a district court judge has the express authority to supersede any action by a district court magistrate, even without a formal appeal.” Id. at ___ (holding that “the magistrate did not have the authority to take a plea that was binding on the district court judge”), citing MCR 4.401(C).

See MCL 600.8511 for the jurisdiction and duties of district court magistrates in other contexts.

See also the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, for additional discussion of the jurisdiction and duties of district court magistrates.