9.12Findings of Fact and Conclusions of Law by Judge or Referee in Nonjury Trial

Subchapter 3.900 of the Michigan Court Rules does not include a specific court rule addressing required findings of fact and conclusions of law by a judge or referee in a nonjury delinquency trial. However, the requirements in MCR 2.517 (civil court rule requiring findings of fact/conclusions of law in nonjury cases) have been applied in criminal cases. See People v Jackson (Robert), 390 Mich 621, 627 (1975), which stated that “in criminal cases as well as civil cases a judge who sits without a jury is obliged to articulate the reasons for his [or her] decision in findings of fact.” Accordingly, it is good practice to apply the same standards to juvenile delinquency bench trials.