4.5Arraignments 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 90 or 93 days’ imprisonment respectively, 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),¹ 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) 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 [to violations of MCL 257.625 and MCL 257.625m].” Id. at ___. However, “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 under those circumstances, “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 probation violation hearings, contempt 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.”

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); see also MCR 4.401(B). See SCAO Form MC 240, Pretrial Release Order.