9.13Court Clerk’s Responsibilities
After an ERPO is issued, the clerk of the issuing court must do specified tasks immediately after the order is issued. MCL 691.1811(1); MCR 3.719(E). No proof of service on the restrained individual is required. MCL 691.1811(1). Following the issue of an ERPO, the court clerk must:
•Provide a true copy of the order to the designated law enforcement agency under MCL 691.1809(1)(g). MCL 691.1811(1)(a).
•Provide at least two true copies of the order to the petitioner. MCL 691.1811(1)(b).
•If the restrained individual is identified in the complaint as an individual described in MCL 691.1805(5)1 and the individual’s employer is known, notify the individual’s employer of the order.2 MCL 691.1811(1)(c).
•Notify the Department of State Police and the county clerk in the restrained individual’s county of residence of the ERPO for purposes of performing their duties under MCL 28.421 to MCL 28.435 (concealed weapons act). MCL 691.1811(1)(d).
•Inform the petitioner that the petitioner may provide the designated law enforcement agency under MCL 691.1809(1)(g) with a true copy of the order to be immediately provided to the FBI and entered into the LEIN.3 MCL 691.1811(1)(e); MCR 3.719(D)(2)(a).
The clerk of the court that issued the ERPO must immediately notify the law enforcement agency designated under MCL 691.1809(1)(g) if any of the following occur:
•The county clerk receives proof that the restrained individual was served with the order. MCL 691.1811(2)(a).
•The ERPO is rescinded, modified, or extended. MCL 691.1811(2)(b); MCR 3.720(A)(4); MCR 3.720(B)(3).
•The ERPO expires without an extension. MCL 691.1811(2)(c).
1 An individual required to carry a pistol as part of the individual’s employment that is issued a license to carry a concealed pistol, or a specified law enforcement officer.
2 “It is the intent of the [L]egislature that the restrained individual’s employer work with the restrained individual’s union or bargaining representative under [MCL 691.1811(1)(c)] to avoid the restrained individual losing the individual’s employment or compensation and benefits while the [ERPO] is in effect.” MCL 691.1811(1)(c).
3 The true copy may be provided to the FBI unless a local entering authority has been designated under MCL 691.1809(1)(h). MCL 691.1811(1)(e). If a local entering authority has been designated under MCL 691.1809(1)(h), it must enter the ERPO into the LEIN pursuant to the CJIS (Criminal Justice Information Systems) Policy Council Act, MCL 28.211 et seq. MCL 691.1811(3).