7.2District Court Jurisdiction in Felony Pretrial Proceedings1

A.Introduction

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.

Although the district court does not have trial jurisdiction over felony offenses, the district court has jurisdiction over certain pretrial proceedings in felony cases, including initial (district court) arraignments,2 probable cause conferences,3 and preliminary examinations. MCL 600.8311(c)-(e); see also MCR 6.008(A) (“The district court has jurisdiction over . . . all felonies through the preliminary examination and until the entry of an order to bind the defendant over to the circuit court.”). Following a finding of probable cause at the preliminary examination, a district court judge “may conduct the circuit court arraignment as provided by court rule.” MCL 766.134; see also MCR 6.111; MCL 600.8311(f). 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.” MCL 766.4(3); see also MCR 6.111(A) (“[a] district court judge shall take a felony plea as provided by court rule if a plea agreement is reached between the parties[]”).5

MCL 600.8311 provides, in relevant part:

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

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(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.[6]

(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. Sentencing for felony cases and misdemeanor cases not cognizable by the district court shall be conducted by a circuit judge.”7

Note—Felony and Misdemeanor Definitions. 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 trial-court 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.Jurisdiction and Duties of District Court Magistrates in Pre-Bindover Proceedings8

In the context of felony pretrial proceedings, a district court magistrate generally has the authority, subject to the chief district judge’s approval, to issue arrest warrants and search warrants, conduct arraignments for a limited number of enumerated offenses, fix bail and set bond, and conduct probable cause conferences. MCL 600.8511. “Notwithstanding statutory provisions to the contrary, district court magistrates exercise only those duties expressly authorized by the chief judge of the district or division.” MCR 4.401(B).

In addition to setting out certain offenses for which a district court magistrate may be granted arraignment authority,9 MCL 600.8511 provides, in relevant part:

“A district court magistrate has the following jurisdiction and duties:

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(e) To issue warrants for the arrest of a person upon the written authorization of the prosecuting or municipal attorney[.] . . .

(f) To fix bail and accept bond in all cases.

(g) To issue search warrants, if authorized to do so by a district court judge.

(h) To conduct probable cause conferences and all matters allowed at the probable cause conference, except for the taking of pleas and sentencings, under . . . MCL 766.4, when authorized to do so by the chief district court judge.”

See also MCL 766.1, which provides, in relevant part:

“A district court magistrate . . . shall not preside at a preliminary examination or accept a plea of guilty or nolo contendere to an offense or impose a sentence except as otherwise authorized by . . . [MCL 600.8511(a)-(c)].”

Accordingly, a district court magistrate, if authorized by the chief judge, may conduct probable cause conferences; however, a district court judge must conduct all preliminary examinations. See MCL 766.1; MCL 600.8511.10

“A district court magistrate may use videoconferencing technology in accordance with MCR 2.407 and MCR 6.006.” MCR 4.401(E).

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. For a thorough discussion of district court jurisdiction, see Chapter 2.

2    See Chapter 5 for discussion of district court felony arraignments.

3    See Section 7.5.

4    See Section 7.29 for discussion of circuit court arraignments.

5    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), and the circuit court must “sentence all defendants bound over to circuit court on a felony that either plead guilty to, or are found guilty of, a misdemeanor,” MCR 6.008(D). See Section 2.5 for discussion of circuit court jurisdiction. See Chapter 6 for discussion of pleas.

6    See Section 7.5 for discussion of probable cause conferences.

7    Additionally, the circuit court must “sentence all defendants bound over to circuit court on a felony that either plead guilty to, or are found guilty of, a misdemeanor.” MCR 6.008(D).

8    For a thorough discussion of the authority of district court magistrates, see Chapter 5.

9    See MCL 600.8511(b)-(c). See Chapter 5 for discussion of district court felony arraignments.

10    However, “[w]hen authorized by the chief judge of the district and whenever a district judge is not immediately available, a district court magistrate may conduct the first appearance of a defendant before the court in all criminal and ordinance violation cases, including acceptance of any written demand or waiver of preliminary examination and acceptance of any written demand or waiver of jury trial.” MCL 600.8513(1).