Failure to Comply With Judgment or Order

5.19Failure to Comply With Judgment or Order

Generally, a court must issue an order to show cause if “a defendant fails to appear or otherwise respond to any matter pending relative to a misdemeanor citation issued under MCL 764.9c.” MCR 6.615(B). However, a “court may immediately issue a bench warrant, rather than an order to show cause, if the court has a specific articulable reason to suspect that any of the following apply and states it on the record:

(a) the defendant has committed a new crime.

(b) the defendant’s failure to appear is the result of a willful intent to avoid or delay the adjudication of the case.

“If a defendant fails to appear or otherwise respond to any matter pending relative to a misdemeanor traffic citation, the court must also initiate the procedures required by MCL 257.321a.” MCR 6.615(2).^[¹^]

MCL 257.321a provides different procedures depending on the offense involved.

Generally, for offenses for which license suspension is allowed under the Michigan Vehicle Code or a substantially corresponding local ordinance that are not offenses enumerated in MCL 257.321a(2), the following procedures apply:

•28 days or more after an individual fails to answer a citation or notice to appear in court or fails to comply with an order or judgment, the court must give notice by mail at the individual’s last-known address;

•the notice must indicate that if the individual fails to appear or comply within 14 days after the notice is issued, the individual’s license will be suspended, see SCAO Form MC 216, 14-Day Notice;

•if the individual fails to appear or comply within the 14-day period, the court must inform the Michigan Secretary of State within 14 days;

•upon receiving notice, the Michigan Secretary of State must immediately suspend the license of the individual and notify the individual of the suspension by regular mail at that individual’s last-known address. MCL 257.321a(1).

For an individual who is charged with or convicted of an enumerated offense in MCL 257.321a(2), the following procedures apply:

•if the individual fails to answer a citation or notice to appear in court or fails to comply with an order or judgment, the court must immediately give notice by first-class mail sent to the individual’s last-known address to appear within seven days after the notice is issued;

•the notice must indicate that if the individual fails to appear within seven days after the notice is issued, or fails to comply with the court’s order/judgment within 14 days, the Michigan Secretary of State will suspend the individual’s license, see SCAO Form 216a, Notice of Noncompliance;

•the court must immediately inform the Michigan Secretary of State if the individual fails to appear within the seven-day or 14-day period;

•upon receiving notice, the Michigan Secretary of State must immediately suspend the individual’s license and notify the individual of the suspension by first-class mail sent to the individual’s last-known address. MCL 257.321a(2).

“Notwithstanding any provision of law to the contrary and except in cases where the complaint is for an assaultive crime or an offense involving domestic violence, in the event that a defendant fails to appear for a court hearing and it is the defendant’s first failure to appear in the case, there is a rebuttable presumption that the court must wait 48 hours before issuing a bench warrant to allow the defendant to voluntarily appear. If the defendant does not appear within 48 hours, the court shall issue a bench warrant unless the court believes there is good reason to instead schedule the case for further hearing.” MCL 764.3(1). “The court may overcome the presumption under [MCL 764.3(1)] and issue an immediate bench warrant for the defendant’s failure to appear if the court has a specific articulable reason to suspect that any of the following apply:

(a) The defendant has committed a new crime.

(b) A person or property will be endangered if a bench warrant is not issued.

(d) The proceeding is to impose a sentence for the crime.

(e) There are other compelling circumstances that require the immediate issuance of a bench warrant.” MCL 764.3(3).

The court must state its reasons for departing from the presumption under MCL 764.3(1) if it issues an immediate bench warrant. MCL 764.3(4). “When a court delays the issuance of a warrant, the court shall not revoke the release order or declare bail money deposited or the surety bond, if any, forfeited. Upon the issuance of the arrest warrant, the court may then enter an order revoking the release order and declaring the bail money deposited, personal recognizance bond, surety bond, or 10% bond, if any, forfeited.” MCL 764.3(2).