2.7District Court Jurisdiction

A.Applicable Definitions of Felony and Misdemeanor

By statute, an offense designated as a misdemeanor is nevertheless considered a felony for purposes of determining trial-court jurisdiction if it is punishable by more than one year of imprisonment.

•Felony. The Michigan Code of Criminal Procedure, MCL 760.1 et seq., defines felony as a violation of Michigan’s penal law “for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f); see also MCL 750.7, defining felony, for purposes of the Michigan Penal Code, as “an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.”

•Misdemeanor. The Code of Criminal Procedure defines misdemeanor as a violation of Michigan’s penal law “that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(n). Some misdemeanors are classified under the Code of Criminal Procedure as minor offenses, violations for which the maximum permissible imprisonment does not exceed 92 days and the maximum fine does not exceed $1,000.00. MCL 761.1(m). See also MCL 750.8, defining misdemeanor, for purposes of the Michigan Penal Code, as “any act or omission, not a felony, [that] is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court[.]”

A district court’s jurisdiction is limited by MCL 600.8311(a) to misdemeanors that are punishable by not more than one year of imprisonment. However, “circuit court misdemeanors” (sometimes also colloquially referred to as “serious” or “high court” misdemeanors) are punishable by more than one year of imprisonment. Any misdemeanor punishable by more than one year of imprisonment is not cognizable in the district court and is considered a felony for purposes of determining trial-court jurisdiction.

B.Proceedings Over Which District Court Has Jurisdiction

•One-Year Misdemeanors, Ordinance Violations, and Charter Violations. 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).

•Arraignments. In all cases, the district court has jurisdiction to conduct arraignments, set bail, and accept bonds. MCL 600.8311(c).

•Other Preliminary Proceedings Involving Felonies and “Circuit Court Misdemeanors.” In cases involving felonies and misdemeanors cognizable by the circuit court (misdemeanors punishable by more than one year of imprisonment), the district court has jurisdiction to conduct probable cause conferences, preliminary examinations, and circuit court (post-bindover) arraignments. MCL 600.8311(d)-(f).1 The district court’s jurisdiction over these offenses continues “through the preliminary examination and until the entry of an order to bind the defendant over to the circuit court.” MCR 6.008(A).

Specifically, MCL 600.8311 provides:

“The district court has jurisdiction of all of the following:

(a) misdemeanors punishable by a fine or imprisonment not exceeding 1 year, or both.

(b) Ordinance and charter violations punishable by a fine or imprisonment, or both.

(c) Arraignments, the fixing of bail and the accepting of bonds.

(d) Probable cause conferences in all felony cases and misdemeanor cases not cognizable by the district court and all matters allowed at the probable cause conference under . . . MCL 766.4.

(e) Preliminary examinations in all felony cases and misdemeanor cases not cognizable by the district court and all matters allowed at the preliminary examination under . . . MCL 766.1[ et seq]. There shall not be a preliminary examination for any misdemeanor to be tried in a district court.

(f) Circuit court arraignments in all felony cases and misdemeanor cases not cognizable by the district court under . . . MCL 766.13. . . .[2]”

Additionally, “[a] district judge has the authority to accept a felony plea [and s]hall take a plea to a misdemeanor or felony as provided by court rule if a plea agreement is reached between the parties.”3 MCL 766.4(3).4 

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

1    See the Michigan Judicial Institute’s table including information on the jurisdiction of district court judges and magistrates over preliminary matters in all criminal proceedings.

2    See Chapter 7 for discussion of probable cause conferences, preliminary examinations, and post-bindover arraignments.

3    However, following bindover, “[t]he 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). See Chapter 6 for discussion of pleas.

4    However, “[s]entencing for felony cases and misdemeanor cases not cognizable by the district court shall be conducted by a circuit judge.” MCL 600.8311(f); see also MCL 766.4(3).