2.10Jurisdiction Over Juveniles Who Have Committed Civil Infractions
“‘Civil infraction’ means an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance, as defined in [MCL 600.8701], and is not a crime under that ordinance, and for which civil sanctions may be ordered.” MCL 600.113(1)(a). See also MCL 712A.1(1)(a), which states that the definition of “[c]ivil infraction” in MCL 600.113 applies to proceedings under the Juvenile Code. A violation of the Michigan Vehicle Code, MCL 257.1 et seq., that is designated as a civil infraction is a “[c]ivil infraction” within the meaning of MCL 600.113(1)(a). MCL 600.113(1)(a)(i).1
The Family Division has “[e]xclusive original jurisdiction superior to and regardless of the jurisdiction of another court in proceedings concerning a juvenile under 18 years of age” who “has violated any municipal ordinance or law of the state or of the United States.” MCL 712A.2(a)(1).2 This provision supersedes provisions of the Revised Judicature Act that assign district courts and municipal courts jurisdiction of civil infraction actions, MCL 600.8301(2) and MCL 600.8703(2); see also MCL 257.741(5) (providing that district courts and municipal courts have jurisdiction over minors cited for traffic civil infractions).3
The Family Division may agree to waive jurisdiction over any civil infractions under MCL 712A.2e, which states as follows:
“(1) The [Family Division] may enter into an agreement with any or all district courts or municipal courts within the [Family Division’s] geographic jurisdiction to waive jurisdiction over any or all civil infractions alleged to have been committed by juveniles within the geographic jurisdiction of the district court or municipal court. The agreement shall specify for which civil infractions the [Family Division] waives jurisdiction.
(2) For a civil infraction waived under subsection (1) committed by a juvenile on or after the effective date of the agreement, the district court or municipal court has jurisdiction over the juvenile in the same manner as if an adult had committed the civil infraction. The [Family Division] has jurisdiction over juveniles who commit any other civil infraction.”
If the Family Division enters into an agreement to waive jurisdiction under MCL 712A.2e, it “has jurisdiction over a juvenile who committed a civil infraction as provided in that section.” MCL 712A.2(a)(1).
1 See Section 2.9 for discussion of jurisdiction over juveniles accused of violating the Michigan Vehicle Code.
2 See also MCR 3.903(B)(3), which defines “[o]ffense by a juvenile” as “an act that violates a criminal statute, a criminal ordinance, a traffic law, or a provision of MCL 712A.2(a) [(governing violations of law or ordinance, civil infractions, and status offenses)] or [MCL 712A.2](d) [(governing wayward minors)].” (Emphasis supplied.)
3 In Welch v Dist Court, 215 Mich App 253, 256-257 (1996), the Court applied MCL 257.741(5) and concluded that the district court, rather than the probate court, had jurisdiction over a juvenile who had committed a traffic civil infraction. However, the Welch Court relied in part on former MCR 5.903(B)(4), which provided that an “[o]ffense by a juvenile,” for purposes of delinquency proceedings in the probate court, included “an act which violates a traffic law other than an offense designated as a civil infraction[]” (emphasis supplied). See Welch, 215 Mich App at 256-257. Currently, MCR 3.903(B)(3), for purposes of delinquency proceedings in the Family Division, defines “[o]ffense by a juvenile” as including “an act that violates . . . a traffic law,” with no exception for civil infractions.