600.8320 Definitions; multiple district plans; assignment as district judge.

387 words·~2 min read·/mi/chapter-600/600-8320

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Sec. 8320.

(1)As used in this section:

(a)"Multiple district area" means an area composed of either of the following:

(i)Two or more districts of the district court within a county participating or proposing to participate in a multiple district plan.

(ii)Two adjoining districts of the first class.

(b)"Multiple district plan" means an arrangement in which a district judge or district court magistrate is authorized to conduct arraignments, set bail or recognizances, provide for the appointment of counsel, or make determinations of probable cause and issue warrants, for all of the participating districts within a multiple district area.

(2)The chief or only judges of 2 or more districts of the district court within a county or the chief or only judges of 2 adjoining districts of the first class may create a multiple district plan or plans subject to all of the following limitations and requirements:

(a)A multiple district plan shall be in writing and shall be signed by the chief or only judges of all participating districts in the multiple district area.

(b)A multiple district plan shall specify who has superintending control of a district court magistrate acting under the plan and may include, but shall not be limited to, provisions regarding compensation for the district court magistrate and any support personnel and use of facilities.

(c)A multiple district plan shall not grant to a district court magistrate powers or duties that are not authorized by chapter 85 or that exceed the authorization of the chief or only judge of the district on behalf of which the magistrate is acting.

(d)A multiple district plan may authorize a district court magistrate appointed pursuant to section 8501 to serve at any location, and on behalf of all participating districts, within the multiple district area.

(e)A multiple district plan is subject to approval by the state court administrator.

(3)A district judge shall not serve outside the district for which he or she is elected pursuant to a multiple district plan under this section unless he or she is assigned by the supreme court to act as a district judge for the other district or districts designated by the plan.

History: Add. 1994, Act 5, Imd. Eff. Feb. 24, 1994