6.31Civil Fines, Costs, and Assessments
District court magistrates may impose sanctions permitted under MCL 600.8727(2), MCL 600.8727(5), and MCL 600.8827(2), only to the extent expressly authorized by the chief judge or only judge of the district court district. MCL 600.8727(6); MCL 600.8827(5).
Municipal civil infractions and state civil infractions are not lesser included offenses of a criminal offense or an ordinance violation that is not a civil infraction. MCL 600.8727(1); MCL 600.8827(1).
If a defendant is determined to be responsible or responsible “with explanation” for a municipal civil infraction or a state civil infraction, the district court magistrate may order the defendant to pay:
•a civil fine;1
•costs as provided in MCL 600.8727(3) for municipal civil infractions or MCL 600.8827(3) for state civil infractions;
•the justice system assessment as provided in MCL 600.8727(4) for municipal civil infractions, or MCL 600.8827(4) for state civil infractions; and
•for municipal civil infractions, if applicable, damages and expenses as provided in MCL 600.8733(2). MCL 600.8727(2); MCL 600.8827(2).
“In the order of judgment, the judge or district court magistrate may grant a defendant permission to pay a civil fine, costs, assessment, and damages and expenses within a specified period of time or in specified installments. Otherwise, the civil fine, costs, assessment, and damages and expenses are due immediately.” MCL 600.8727(2) (municipal civil infractions). See also MCL 600.8827(2) (state civil infractions), which contains substantially similar language with the exception of damages and expenses; MCR 1.110 (“Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.”).
“A court may not increase a scheduled civil fine because the defendant has requested a hearing.” MCR 4.101(G)(1).
A list of the maximum fines for specified state civil infractions is available on the Michigan One Court of Justice website. See also the Michigan Judicial Institute’s table summarizing the fines, fees, and costs for state civil infractions and the table summarizing the fines, fees, and costs for municipal civil infractions.
“If a defendant is ordered to pay a civil fine under [MCL 600.8727(2) or MCL 600.8827(2)], the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the [municipal civil infraction or state civil infraction], up to the entry of judgment.” MCL 600.8727(3); MCL 600.8827(3).
“Costs of not more than $500.00 must be ordered.” MCL 600.8727(3); MCL 600.8827(3).
Municipal civil infractions. “Except as otherwise provided by law, costs shall be payable to the general fund of the plaintiff.” MCL 600.8727(3).
State civil infractions. Costs in a state civil infraction action in the district court “must be distributed as provided in [MCL 600.8379].” MCL 600.8827(3). MCL 600.8379 addresses fines and costs assessed in the district court and requires that all fines and costs be paid to the clerk of the court. MCL 600.8379(1). MCL 600.8379 sets out how the clerk of the court must appropriate fines and costs in detail.
“Costs in a state civil infraction action in a municipal court must be paid to the county.” MCL 600.8827(3).
“Effective October 1, 2003, in addition to any fine or cost ordered to be paid under [MCL 600.8727(2) for municipal civil infractions or MCL 600.8827(2) for state civil infractions], the judge or district court magistrate shall order the defendant to pay a justice system assessment of $10.00. Upon payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasurer for deposit in the justice system fund created in [MCL 600.181].” MCL 600.8727(4); MCL 600.8827(4).
C.Costs Incurred in Compelling the Appearance of the Defendant
“If the defendant in a [municipal civil infraction action or state civil infraction action] is determined responsible for a [municipal civil infraction or state civil infraction, respectively], the judge or district court magistrate, in addition to any fine, costs, and assessment imposed under [MCL 600.8727 for municipal civil infractions or MCL 600.8827 for state civil infractions], may assess additional costs incurred in compelling the appearance of the defendant, which additional costs shall be returned to the general fund of the unit of government incurring the costs.” MCL 600.8735; MCL 600.8835.
D.Writ or Order - Municipal Civil Infractions
“In addition to ordering the defendant to pay a civil fine, costs, a justice system assessment, and damages and expenses, the judge or district court magistrate may issue a writ or order under [MCL 600.8302].” MCL 600.8727(5).
In relevant part, MCL 600.8302 provides that “the district court may issue and enforce any judgment, writ, or order necessary to enforce the ordinance.” MCL 600.8302(4).
E.Waiver of Fines, Costs, and Fees
“The court may waive fines, costs and fees, pursuant to statute or court rule, or to correct clerical error.” MCR 4.101(G)(4). See also MCL 600.8513(2)(b) (“If authorized by the chief judge of the district, a district court magistrate may . . . [s]uspend payment of court fees by an indigent party in any civil, small claims, or summary proceedings action, until after judgment has been entered.”)
F.Schedule of Fines, Costs, and Assessments
“Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for [municipal civil infractions or state civil infractions] that occur within the district or city. If a schedule is established, it [must] be prominently posted and readily available for public inspection.” MCL 600.8727(7); MCL 600.8827(6).
Municipal civil infractions. “A schedule need not include all municipal civil infractions. A schedule may exclude cases on the basis of a defendant’s prior record of municipal civil infractions.” MCL 600.8727(7).
State civil infractions. “A schedule need not include all violations that are designated by law as state civil infractions.” MCL 600.8827(6).
“A default in the payment of a civil fine, costs, assessment, or damages or expenses ordered under [MCL 600.8727(2)-(4)] or an installment of the fine, costs, assessment, or damages or expenses may be collected by a means authorized for the enforcement of a judgment under chapter 40 [of the Revised Judicature Act] or chapter 60 [of the Revised Judicature Act].” MCL 600.8727(8).
“A default in the payment of a civil fine, costs, or assessment ordered under [MCL 600.8827(2)-(4)] or an installment of the fine, costs, or assessment may be collected by a means authorized for the enforcement of a judgment under chapter 40 [of the Revised Judicature Act] or chapter 60 [of the Revised Judicature Act].” MCL 600.8827(7).
H.Failure to Appear or Comply with an Order or Judgment
“If after the service of an appearance ticket and the filing of a complaint for the offense designated on the appearance ticket the defendant does not appear in the designated local criminal court within the time the appearance ticket is returnable, the court may issue a summons or a warrant as provided in [MCL 764.9e].” MCL 764.9e(1). “Notwithstanding any provision of law to the contrary, in the event that a defendant fails to appear for a court hearing within the time the appearance ticket is returnable there is a rebuttable presumption that the court must issue an order to show cause why the defendant failed to appear instead of issuing a warrant.” MCL 764.9e(2). “The court may overcome the presumption and issue a warrant if it has a specific articulable reason to suspect that any of the following apply:
(a) The defendant 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.
(c) Another person or property will be endangered if a warrant is not issued.” MCL 764.9e(3).
“If the court overcomes the presumption under [MCL 764.9e(2)] and issues a warrant, the court must state on the record its reasons for doing so.” MCL 764.9e(4).
“If a defendant fails to comply with an order or judgment issued pursuant to [MCL 600.8727] within the time prescribed by the court, the court may proceed under [MCL 600.8729,2 MCL 600.8731,3 or MCL 600.87334], as applicable.” MCL 600.8727(9).
“If after the service of an appearance ticket and the filing of a complaint for the offense designated on the appearance ticket the defendant does not appear in the designated local criminal court within the time the appearance ticket is returnable, the court may issue a summons or a warrant as provided in [MCL 764.9e].” MCL 764.9e(1). “Notwithstanding any provision of law to the contrary, in the event that a defendant fails to appear for a court hearing within the time the appearance ticket is returnable there is a rebuttable presumption that the court must issue an order to show cause why the defendant failed to appear instead of issuing a warrant.” MCL 764.9e(2). “The court may overcome the presumption and issue a warrant if it has a specific articulable reason to suspect that any of the following apply:
(a) The defendant 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.
(c) Another person or property will be endangered if a warrant is not issued.” MCL 764.9e(3).
“If the court overcomes the presumption under [MCL 764.9e(2)] and issues a warrant, the court must state on the record its reasons for doing so.” MCL 764.9e(4).
MCL 600.8729 (municipal civil infractions) and MCL 600.8829 (state civil infractions) provide authority and procedures for requiring the defendant to show cause why the defendant should not be held in civil contempt for defaulting in the payment of a civil fine, costs, assessment, damages, or expenses. District court magistrates do not have the authority to conduct civil contempt proceedings or issue a bench warrant. See MCL 600.8511 (discussing the jurisdiction and duties of a district court magistrate without including an authorization for conducting civil contempt proceedings or issuing a bench warrant); MCL 600.8512 (setting forth authority of district court magistrates over civil infraction or civil fine actions and not including civil contempt proceedings or bench warrants); MCL 600.8512a (setting forth authority of district court magistrates over civil infraction actions and not including civil contempt proceedings or bench warrants). See also In re James, 492 Mich 553, 566-567 (2012) (finding that the judge committed misconduct by requiring a district court magistrate to sign bench warrants “in violation of MCL 600.8511[,]” and noting that the judge was the only person “who had legal authority to sign bench warrants[]”).
“A defendant who fails to answer a citation or notice to appear in court for a municipal civil infraction is guilty of a misdemeanor.” MCL 600.8727(10).
“A defendant who fails to comply with an order or judgment issued under [MCL 600.8827, regarding state civil infractions,] is guilty of a misdemeanor.” MCL 600.8827(8).
1 A civil fine ordered under MCL 600.8827 for a violation of a state statute must be exclusively applied to the support of public libraries and county law libraries. MCL 600.8831.
2 Permitting civil contempt proceedings.
3 Permitting the plaintiff in a municipal civil infraction action brought for a violation involving the use or occupation of land, a building, or other structure to obtain a lien on the property involved if a defendant fails to pay a civil fine, cost, or assessment within 30 days after the date on which payment is due. MCL 600.8731(1).
4 Permitting additional penalties connected with a trailway municipal civil infraction action. MCL 600.8733.