2.9Overview of District Court Magistrates’ Authority

A district court magistrate may exercise the powers, jurisdiction, and duties of a district court judge if expressly authorized by the Revised Judicature Act, MCL 600.101 et seq., or by another statute. MCL 761.1(l). However, “[n]otwithstanding statutory provisions to the contrary, magistrates exercise only those duties expressly authorized by the chief judge of the district or division.” MCR 4.401(B). Moreover, “[a]n action taken by a magistrate may be superseded, without formal appeal, by order of a district judge in the district in which the magistrate serves.” MCR 4.401(C). Indeed, under MCR 4.401(C), “a district court judge has the express authority to supersede any action by a district court magistrate, even without a formal appeal.” People v VanEss, ___ Mich App ___, ___ (2024) (holding that “the magistrate did not have the authority to take a plea that was binding on the district court judge”).

Subject to the chief district judge’s approval, district court magistrates generally have the authority to issue arrest warrants and search warrants; fix bail and accept bond; conduct arraignments and accept pleas for specified offenses; conduct probable cause conferences1; and impose sentences for specified offenses. MCL 600.8511(a)-(h).

“Proceedings involving magistrates must be in accordance with relevant statutes and rules.” MCR 4.401(A).

Note—Magistrate and District Court Magistrate Definitions: The terms magistrate and district court magistrate are not always synonymous. According to the Code of Criminal Procedure, a magistrate is a judge of the district court or municipal court, and this term does not include a district court magistrate. MCL 761.1(l). The term district court magistrate is specifically used in the Code of Criminal Procedure when the subject matter involves a district court magistrate. See also MCR 6.003(4) (defining court or judicial officer as “a judge, a magistrate, or a district court magistrate authorized in accordance with the law to perform the functions of a magistrate[]”).

A.Appointment of Counsel

Provided the district’s chief judge has so authorized, a district court magistrate may “[a]pprove and grant petitions for the appointment of an attorney to represent an indigent defendant accused of any misdemeanor punishable by imprisonment for not more than 1 year or ordinance violation punishable by imprisonment.” MCL 600.8513(2)(a). See SCAO Form MC 222, Request for Court-Appointed Attorney and Order.

Note—Advice of Rights and Michigan Indigent Defense Commission Act (MIDCA): The MIDCA, MCL 780.981—MCL 780.1003, requires “[t]rial courts [to] assure that each criminal defendant is advised of his or her right to counsel[,]” MCL 780.991(1)(c), and to make “[a] preliminary inquiry regarding, and . . .  determin[e,] . . . the indigency of any defendant, including a determination regarding whether a defendant is partially indigent, . . . not later than at the defendant’s first appearance in court[,]” MCL 780.991(3)(a).2 See also MCL 775.16.3

The MIDCA applies to an indigent defendant who “is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant’s initial appearance in court to answer to the criminal charge.” MCL 780.983(f)(i) (defining “‘[i]ndigent criminal defense services’” for purposes of the MIDCA) (emphasis supplied). See Section 4.4 for discussion of the MIDCA.

B.Summonses, Arrest Warrants, and Search Warrants4 

If authorized by the chief judge of the district or division, a district court magistrate may issue arrest warrants or summonses for felonies, misdemeanors, and ordinance violations pursuant only to the written authorization of the prosecuting attorney or municipal attorney. MCL 764.1(1)-(2); MCL 600.8511(e); MCR 4.401(B). A district court magistrate needs no authorization to issue a warrant for the arrest of an individual to whom a police officer issued a traffic citation under MCL 257.728 if the individual failed to appear in court when required. MCL 600.8511(e).

A district court magistrate has the jurisdiction and duty “[t]o issue search warrants, if authorized to do so by a district court judge.” MCL 600.8511(g). See also MCL 780.651(1); MCL 780.651(3).

C.Arraignments and First Appearances

In addition to limited jurisdiction under MCL 600.8511(a)-(c), as authorized by the chief judge, to “arraign and sentence upon pleas of guilty or nolo contendere” for certain listed violations that are punishable by no more than 93 days’ imprisonment,5 a district court magistrate has jurisdiction, as authorized by the chief judge, to arraign defendants and set bond for certain other offenses, including violations of MCL 257.625 (offenses involving the operation of a motor vehicle while intoxicated or visibly impaired), MCL 257.625m (operation of a commercial motor vehicle by a person with an unlawful blood alcohol content), MCL 324.81134 (offenses involving the operation of an ORV while under the influence of alcoholic liquor and/or a controlled substance, while visibly impaired, with an unlawful blood alcohol content, or with any amount of certain controlled substances in the body),6 and MCL 324.82128 and MCL 324.82129 (offenses involving the operation of a snowmobile while under the influence of alcoholic liquor and/or a controlled substance, while visibly impaired, with an unlawful blood alcohol content, or with any amount of certain controlled substances in the body). MCL 600.8511(b)-(c).

MCL 600.8511(b) specifically “establishes two different grants of authority.” People v VanEss, ___ Mich App ___, ___ (2024). “The first is to arraign and sentence upon a guilty or nolo contendere plea for violations of the motor vehicle code, except for violations of MCL 257.625 and MCL 257.625m if the penalty does not exceed 93 days in jail.” VanEss, ___ Mich App at ___. “The second grant of authority is to arraign and set bond for violations of MCL 257.625 and MCL 257.625m if authorized by the chief judge.” VanEss, ___ Mich App at ___. “Absent is the authority to sentence upon a plea of guilty or nolo contendere [for violations of MCL 257.625 and MCL 257.625m when the penalty exceeds 93 days in jail].” Id. at ___. Notably, “a district court judge has the express authority to supersede any action by a district court magistrate, even without a formal appeal.” Id. at ___, citing MCR 4.401(C). In VanEss, “(1) while there was an offer of a plea by defendant, no plea was actually taken, (2) the magistrate did not have the authority to take a plea that was binding on the district court judge, and (3) because the district court judge had not yet taken a plea and sentenced defendant, defendant’s mere offer to plead guilty was not sufficient for jeopardy to have attached before the prosecutor took action to replace the original misdemeanor charge with the felony charge of OWI, high BAC, third offense (OWI 3rd), a felony with a maximum penalty of a $5,000 fine and five years’ imprisonment.” VanEss, ___ Mich App at ___ (concluding that for those reasons, “the prosecutor was free to amend the complaint and charge defendant with the felony”).

MCL 600.8511(d) provides that a district court magistrate, if authorized by the chief judge, has jurisdiction over arraignments for contempt violations and violations of probation when the violation arises directly out of a case in which a judge or district court magistrate conducted the same defendant’s arraignment under MCL 600.8511(a), MCL 600.8511(b), or MCL 600.8511(c), or the same defendant’s first appearance under MCL 600.8513. MCL 600.8511(d) applies only to offenses punishable by imprisonment for not more than one year, a fine, or both. District court magistrates are not authorized to conduct violation hearings or sentencing hearings, but may set bond and accept pleas. Id.

A district court magistrate may also preside over a defendant’s “first appearance” in certain circumstances. MCL 600.8513(1) states:

“When 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. However, this section does not authorize a district court magistrate to accept a plea of guilty or nolo contendere not expressly authorized under [MCL 600.8511 or MCL 600.8512a]. A defendant neither demanding nor waiving preliminary examination in writing is deemed to have demanded preliminary examination and a defendant neither demanding nor waiving jury trial in writing is considered to have demanded a jury trial.”

D.Fixing Bail and Accepting Bond

If authorized by the chief judge of the district or division, a district court magistrate has a duty “[t]o fix bail and accept bond in all cases.” MCL 600.8511(f); MCR 4.401(B).

E.Proceedings Involving Civil Infractions, Misdemeanors, and Ordinance Violations Not Punishable by Imprisonment

To the extent expressly authorized by the chief judge, presiding judge, or only judge of the district, MCL 600.8512a permits a district court magistrate to:

“(a) Accept an admission of responsibility, decide a motion to set aside a default or withdraw an admission, and order civil sanctions for a civil infraction and order an appropriate civil sanction permitted by the statute or ordinance defining the act or omission.

(b) Accept a plea of guilty or nolo contendere and impose sentence for a misdemeanor or ordinance violation punishable by a fine and which is not punishable by imprisonment by the terms of the statute or ordinance creating the offense.”

F.Pleas to Enumerated Offenses Punishable by Imprisonment

1.Offenses Punishable by Not More Than 90 Days’ Imprisonment

MCL 600.8511(a) provides that a district court magistrate has the jurisdiction and duty “[t]o arraign and sentence upon pleas of guilty or nolo contendere for violations of the following acts or parts of acts, or a local ordinance substantially corresponding to these acts or parts of acts, when authorized by the chief judge of the district court, if the maximum permissible punishment does not exceed 90 days in jail or a fine, or both:”

•MCL 324.48701—MCL 324.48740 (sport fishing)

•MCL 324.40101—MCL 324.40120 (wildlife conservation)

•MCL 324.80101—MCL 324.80199 (Marine Safety Act)7

•MCL 475.1—MCL 479.43 (Motor Carrier Act)

•MCL 480.11—MCL 480.25 (Motor Carrier Safety Act of 1963)

•MCL 287.261—MCL 287.290 (Dog Law of 1919)

•MCL 436.1703 or MCL 436.1915 (Liquor Control Code)

•MCL 324.501—MCL 324.513 (DNR Commission)

•MCL 324.8901—MCL 324.8907 (littering)

•MCL 324.43501—MCL 324.43561 (hunting/fishing licensing)

•MCL 324.73101—MCL 324.73111 (recreational trespass)

•MCL 750.546—MCL 750.552c (willful trespass)8

2.Michigan Vehicle Code Violations

If authorized by the chief district judge and if the maximum permissible punishment does not exceed 93 days in jail, a fine, or both, MCL 600.8511(b) permits a district court magistrate to arraign and sentence defendants on pleas of guilty or no contest for violations of the Michigan Vehicle Code (MVC) or violations of local ordinances substantially corresponding to a provision of the MVC.

The district court magistrate’s authority to arraign and sentence does not extend to guilty or no contest pleas for violations of MCL 257.625 (offenses involving the operation of a motor vehicle while intoxicated or visibly impaired) and MCL 257.625m (operation of a commercial motor vehicle by a person with an unlawful blood alcohol content), and local ordinances substantially corresponding to those provisions; however, a district court magistrate may be authorized to arraign defendants and set bond for violations of MCL 257.625 and MCL 257.625m or substantially corresponding local ordinances. MCL 600.8511(b).

In other words, MCL 600.8511(b) specifically “establishes two different grants of authority.” People v VanEss, ___ Mich App ___, ___ (2024). “The first is to arraign and sentence upon a guilty or nolo contendere plea for violations of the motor vehicle code, except for violations of MCL 257.625 and MCL 257.625m if the penalty does not exceed 93 days in jail.” VanEss, ___ Mich App at ___. “The second grant of authority is to arraign and set bond for violations of MCL 257.625 and MCL 257.625m if authorized by the chief judge.” VanEss, ___ Mich App at ___. “Absent is the authority to sentence upon a plea of guilty or nolo contendere [for violations of MCL 257.625 and MCL 257.625m when the penalty exceeds 93 days in jail].” Id. at ___ (holding that the magistrate did not have authority to accept the defendant’s guilty plea because the defendant was charged with a violation of MCL 257.625 and the penalty exceeded 93 days in jail).

3.ORV and Snowmobile Violations

If authorized by the chief district judge and if the maximum permissible punishment does not exceed 93 days in jail, a fine, or both, MCL 600.8511(c) permits a district court magistrate to arraign and sentence defendants on pleas of guilty or no contest for violations of MCL 324.81101—MCL 324.81150 (ORV licensing) and MCL 324.82101—MCL 324.82160 (snowmobiles) or violations of a local ordinance substantially corresponding to one of these statutory provisions.

The district court magistrate’s authority to arraign and sentence does not extend to guilty or no contest pleas for violations of MCL 324.81134 (offenses involving the operation of an ORV while under the influence of alcoholic liquor and/or a controlled substance, while visibly impaired, with an unlawful blood alcohol content, or with any amount of certain controlled substances in the body),9 MCL 324.82128 and MCL 324.82129 (offenses involving the operation of a snowmobile while under the influence of alcoholic liquor and/or a controlled substance, while visibly impaired, with an unlawful blood alcohol content, or with any amount of certain controlled substances in the body), or a local ordinance substantially corresponding to one of these statutory provisions; however, the chief judge may authorize a district court magistrate to arraign defendants and set bond for violations under these statutes. MCL 600.8511(c).

G.Probable Cause Conferences10

District court magistrates have jurisdiction “[t]o 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.” MCL 600.8511(h); see also MCR 6.108(B) (“[a] district court magistrate may conduct probable cause conferences when authorized to do so by the chief district judge and may conduct all matters allowed at the probable cause conference, except taking pleas and imposing sentences unless permitted by statute to take pleas or impose sentences[]”).

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)].”

H.Appeal From District Court Magistrate’s Ruling

A party may appeal as of right any decision of the district court magistrate to the district court in which the magistrate serves. MCR 4.401(D). The appeal must be in writing, must be made within seven days of the entry of the decision being appealed, and should substantially comply with the form outlined in MCR 7.104. MCR 4.401(D). Except as otherwise provided by statute or court rule, no fee is required to file an appeal of a district court magistrate’s ruling. Id. The district court hears the matter de novo. Id.

1    A district court magistrate may “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.” MCL 600.8511(h). See Chapter 7 for discussion of probable cause conferences.

2   Note also that the Michigan Indigent Defense Commission must “promulgate objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent,” which must include “prompt judicial review, under the direction and review of the supreme court[.]” See MCL 780.991(3)(e); Standard for Determining Indigency and Contribution, Judicial Review. The MIDC has set out a minimum standard for determining indigency and contribution “for those local funding units that elect to assume the responsibility of making indigency determinations and for setting the amount that a local funding unit could require a partially indigent defendant to contribute to their defense”; however, “[a] plan that leaves screening decisions to the court can be acceptable.” Standard for Determining Indigency and Contribution, Indigency Determination (a).

3    MCL 775.16 provides:

“When a person charged with having committed a crime appears before a [district court or municipal court judge] without counsel, the person shall be advised of his or her right to have counsel appointed. If the person states that he or she is unable to procure counsel, the magistrate shall appoint counsel, if the person is eligible for appointed counsel under the [MIDCA].” MCL 775.16; see also MCL 761.1(l).

4    See Chapter 3 for a more complete discussion of issuing arrest warrants and search warrants.

5    See Section 2.9(F) for more information.

6    Effective March 31, 2015, 2014 PA 405 repealed MCL 324.81135. 2014 PA 405, enacting section 1. However, MCL 600.8511(c) still provides that “the chief judge may authorize the magistrate to arraign defendants and set bond with regard to violations of . . . [MCL 324.81135.]”

7    See Section 5.10 for a detailed discussion of arrest and arraignment procedure for a violation of the Marine Safety Act.

8    Effective March 14, 2016, 2015 PA 211 repealed MCL 750.546—MCL 750.551; however, MCL 600.8511(a) has not yet been amended to reflect these changes.

9    Effective March 31, 2015, 2014 PA 405 repealed MCL 324.81135. 2014 PA 405, enacting section 1. However, MCL 600.8511(c) still provides that “the chief judge may authorize the magistrate to arraign defendants and set bond with regard to violations of . . . [MCL 324.81135.]”

10    See Chapter 7 for discussion of probable cause conferences.