Chapter 8: Pleas of Admission or No Contest in Delinquency Proceedings

In this chapter. . .

This chapter discusses the rules governing pleas in delinquency cases other than pleas to alleged probation violations. Pleas to alleged probation violations are discussed in Chapter 11. For discussion of the court rule requirements for plea proceedings in criminal cases, see Section 15.10. For discussion of a victim’s right to confer with the prosecution and to make a statement at a plea proceeding, see the Michigan Judicial Institute’s Crime Victim Rights Benchbook.

8.1​Right to Have Judge Take Plea

The parties have a right to a judge at a hearing on the formal calendar, which includes plea proceedings. MCR 3.912(B); see also MCR 3.903(A)(10), which defines the formal calendar to include plea proceedings.

If a party has not demanded that a judge take a juvenile’s plea, a referee may be assigned to conduct the plea proceedings and make recommended findings and conclusions. MCR 3.913(A)(1). However, a referee may not enter an order of adjudication following plea proceedings. Instead, a referee must issue a recommendation under MCL 712A.10(1), which states that if a referee is to conduct a hearing, he or she must:

“(b) Administer oaths and examine witnesses.

(c) If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony and a recommendation for the court’s findings and disposition.”

“Neither the court rules nor any statute permits a hearing referee to enter an order for any purpose.” In re AMB, 248 Mich App 144, 217 (2001). A referee’s recommendation cannot be accepted without judicial examination. Id. at 217.

Except as otherwise provided in MCL 712A.10,¹ only a person licensed to practice law in Michigan may serve as a referee at a delinquency proceeding other than a preliminary inquiry or preliminary hearing if the juvenile is before the court for allegedly committing an offense that would be a criminal offense if committed by an adult. MCR 3.913(A)(2)(a).²