1.5Taking Pleas Under Advisement
In a felony case, the court may take a plea under advisement and must make a verbatim record of the proceedings. MCR 6.001(A); MCR 6.302(F). For more information on pleas, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 6.
MCR 6.302(F) is not applicable to misdemeanor pleas. See MCR 6.001(B). In addition, no statute or court rule language has been identified that authorizes district courts to take a misdemeanor guilty plea under advisement. As a result, the State Court administrative Office (SCAO) continues to “recommend[] that courts discontinue the practice of taking [these] matters under advisement.” See the Michigan Supreme Court Report, October 1998. For more information on misdemeanor pleas, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 6.
MCL 257.732(21) states:
“Notwithstanding any other law of this state, a court shall not take under advisement an offense committed by an individual while operating a motor vehicle for which this act requires a conviction or civil infraction determination to be reported to the secretary of state. A conviction or civil infraction determination that is the subject of this subsection must not be masked, delayed, diverted, suspended, or suppressed by a court. Upon a conviction or civil infraction determination, the conviction or civil infraction determination must immediately be reported to the secretary of state in accordance with this section.”