600.8513 Additional powers of district court magistrate; judicial immunity.

380 words·~2 min read·/mi/chapter-600/600-8513

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 8513.

(1)When authorized by the chief judge of the district and whenever a district judge is not immediately available, a district court magistrate may conduct the first appearance of a defendant before the court in all criminal and ordinance violation cases, including acceptance of any written demand or waiver of preliminary examination and acceptance of any written demand or waiver of jury trial. However, this section does not authorize a district court magistrate to accept a plea of guilty or nolo contendere not expressly authorized under section 8511 or 8512a. A defendant neither demanding nor waiving preliminary examination in writing is deemed to have demanded preliminary examination and a defendant neither demanding nor waiving jury trial in writing is considered to have demanded a jury trial.

(2)If authorized by the chief judge of the district, a district court magistrate may do any of the following:

(a)Approve and grant petitions for the appointment of an attorney to represent an indigent defendant accused of any misdemeanor punishable by imprisonment for not more than 1 year or ordinance violation punishable by imprisonment.

(b)Suspend payment of court fees by an indigent party in any civil, small claims, or summary proceedings action, until after judgment has been entered.

(c)Upon written authorization of the prosecuting or city attorney, sign a nolle prosequi dismissing any criminal or ordinance violation case over which the district court has jurisdiction and release any bail bond or bail bond deposit to the persons entitled to the bail bond or deposit. However, if the preliminary examination or trial has commenced or a plea of guilty or nolo contendere has been accepted by a district court judge, the dismissal order may be entered only by that judge or his or her alternate.

(d)Execute and issue process to carry into effect authority expressly granted by law to district court magistrates.

(3)A district court magistrate, for acts expressly authorized by the chief judge and by law, has judicial immunity to the extent accorded a district court judge.

History: Add. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 2008, Act 95 , Imd. Eff. Apr. 8, 2008 ;-- Am. 2014, Act 384 , Imd. Eff. Dec. 18, 2014