1.15Administrative Issues Pertinent to District Court Magistrates

A district court magistrate should be familiar with local administrative policies and procedures of the court, as well as overall court administration. Administrative subject matters most pertinent to the magistrate are human resources, fiscal management, caseflow, records management, facilities, and court security. Although many of these subjects do not relate specifically to the management of the cases for which the magistrate is responsible, they are relevant to the everyday operations of the court. For a detailed discussion of public access to court records, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, 1.1(F)(2), and SCAO’s Michigan Trial Court Administration Reference Guide, Chapter 4. The guide is available to every district court magistrate. The guide provides an overview of the authority, function, and pertinent details of court administration. Administrative issues can vary by court, and magistrates should always examine local policies.

Privileged information is not open to public inspection. For information about privileged information, see the Michigan Judicial Institute’s Evidence Benchbook, Chapter 1.

Some common information, subject to disclosure rules, that a district court magistrate may work with is discussed in the following sub-subsections.

A.Caseflow Management

The docket schedule should be staggered so that the parties “may be heard within a time reasonably close to the scheduled time, and, except for good cause, the docket shall be called in order.” MCR 8.116(C). For detailed discussion of caseflow management, see the SCAO’s Caseflow Management Guide.

B.Records and Information Management

Every court should have a program for managing the creation, maintenance, and disposition of all court records, both case and internal operations, including personnel. Any records management program should be followed by the district court magistrate. General information on records management, such as the method for keeping certain records, public access to court records, record retention and disposal, and report requirements, can be found in the SCAO’s Michigan Trial Court Administration Reference Guide. See also the SCAO’s Michigan Trial Court Records Management Standards.

For additional information on records management, and for links to records retention and disposal schedules, see the State Court Administrative Office’s Records Management website. The retention and disposal schedule must be used in conjunction with the Michigan Trial Court Records Management Standards.

C.Set Aside Convictions

Courts must restrict access to case records involving set aside convictions in the same manner that MCL 780.623 restricts access to records maintained by the Michigan State Police. MCR 8.119(H)(9). Specifically, MCR 8.119(H)(9) provides that “[a]ccess to information on set aside convictions is limited to a court of competent jurisdiction, an agency of the judicial branch of state government, the department of corrections, a law enforcement agency, a prosecuting attorney, the attorney general, and the governor upon request and only for the purposes identified in MCL 780.623. Access may also be provided to the individual whose conviction was set aside, that individual’s attorney, and the victim(s) as defined in MCL 780.623.” MCR 8.118(H)(9). However, MCR 8.119(H)(9) requires the court to redact “all information related to the set aside conviction or convictions before making the case record or a court record available to the public in any format.” Id.¹

D.Confidentiality and Management of Records²

MCR 8.119 governs court records and reports, including which records are public records. Trial courts must comply with the records standards in MCR 8.119, MCR 1.109, and as prescribed by the Michigan Supreme Court. MCR 8.119(B).

1.Bindovers to Circuit Court

District and municipal court case and court records following circuit-court bindover. All case and court records maintained by a district or municipal court become nonpublic immediately after entry of an order binding a criminal defendant over to the circuit court on or after July 2, 2024. MCR 8.119(H)(10). Circuit court case and court records, including those transmitted under MCR 6.110(G), remain accessible under MCR 8.119. MCR 8.119(H)(10).

2.Remands to District or Municipal Court

Remand to district or municipal court following circuit-court bindover. Immediately after remand, the district or municipal court must certify and transmit to court in which the defendant will appear “the case file, any recognizances received, and a copy of the register of actions.” MCR 6.110(G). The district or municipal court “need not transmit recordings of any proceedings to the circuit court.” Id. Upon remand to the district or municipal court, all case and court records maintained by the circuit court become nonpublic immediately upon entry of an order to remand on or after July 2, 2024. MCR 8.119(H)(10). District or municipal court and case records, including the records transmitted under MCR 6.110(J), become accessible after an order to remand under MCR 8.119. MCR 8.119(H)(10).

If the circuit court remands a case to the district or municipal court for further proceedings, “the circuit court must transmit to the court where the case has been remanded the case file, any recognizances received, and a copy of the register of actions.” MCR 6.110(J). “The circuit court need not transmit recordings of any proceedings to the district or municipal court.” Id.

3.Transcripts Following Bindovers

“If an interested party requests a transcript of a district or municipal court proceeding after the case is bound over, the circuit court shall forward that request to the district or municipal court for transcription as provided in MCR 8.108.” MCR 6.110(G)(ii). “The circuit court shall forward this request only if the circuit court case record is publicly-accessible.” Id.

4.Transcripts Following Remands

Similarly, if an interested party requests a transcript of a circuit court proceeding after the case is remanded, the district or municipal court must forward that request to the circuit court for transcription under MCR 8.108 if the record is publicly-accessible. MCR 6.110(J)(ii).

5.Presentence Investigation Reports

A presentence investigation report (PSIR) must be prepared before the court sentences a person charged with a felony and may be prepared if directed by the court in any case where a person is charged with a misdemeanor. MCL 771.14(1). See also MCR 6.425(A). In the course of preparing the PSIR, “the probation officer must investigate the defendant’s background and character[ and] verify material information[.]” MCR 6.425(A)(1). “On request, the probation officer must give the defendant’s attorney notice and a reasonable opportunity to attend the presentence interview.” MCR 6.425(A)(2). The prosecutor, the defendant’s attorney, and the defendant are all entitled to review the PSIR. MCL 771.14(5).

If a victim impact statement is included in the presentence report, the victim must be notified that his or her statement will be made available to the defendant and defense counsel unless the court exempts it from disclosure. MCL 780.763(1)(e); MCL 780.791(2)(c); MCL 780.823(1)(e).

The court must exclude from the PSIR “any address or telephone number for the home, workplace, school, or place of worship of any victim or witness, or a family member of any victim or witness, unless an address is used to identify the place of the crime or to impose conditions of release from custody that are necessary for the protection of a named individual.” MCL 771.14(2); MCR 6.425(A)(3); MCR 6.610(G)(1)(b). Upon request, the court must also exempt an address or telephone number that would reveal the location of a victim, witness, or a victim’s or witness’s family member unless the address is used to identify the location of the crime or to impose conditions of release from custody that are necessary to protect a named individual. MCL 771.14(2); MCR 6.425(A)(3); MCR 6.610(G)(1)(b).

The court may exempt from disclosure “information or a diagnostic opinion that might seriously disrupt a program of rehabilitation or sources of information obtained on a promise of confidentiality.”³ MCL 771.14(3); MCL 771.14a(2); MCR 6.425(B). If the court exempts information from disclosure, the court must state on the record its reasons for this action and inform the parties of the nondisclosure. MCL 771.14(3); MCL 771.14a(2); MCR 6.425(B). Information or a diagnostic opinion exempted from disclosure must also be specifically noted in the PSIR. MCL 771.14(3); MCL 771.14a(2); MCR 6.425(B). “To the extent it can do so without defeating the purpose of nondisclosure, the court also must provide the parties with a written or oral summary of the nondisclosed information and give them an opportunity to comment on it.” MCR 6.425(B).

After sentencing and on written request, “the court must provide the prosecutor, the defendant’s lawyer, or the defendant if not represented by a lawyer, with copies of any documents that were presented for consideration at sentencing, including the court’s initial copy of the presentence report if corrections were made after sentencing. If the court exempts or orders the exemption of any information from disclosure, it must follow the exemption requirements of [MCR 6.425(B)].” MCR 6.425(E).

6.Probation Records

“[A]ll records and reports of investigations made by a probation officer, and all case histories of probationers shall be privileged or confidential communications not open to public inspection.” MCL 791.229. However, “[j]udges and probation officers shall have access to the records, reports, and case histories.” Id. See also Howe v Detroit Free Press, Inc, 440 Mich 203 (1992) (discussing the scope of the privilege).