Michigan Trial Court Administration Reference Guide

Michigan

Trial Court Administration

Reference Guide

State Court Administrative Office

Table of Contents

1-1

Michigan Court System ........................................................................................................ 1

Jurisdiction ....................................................................................................................... 1

Concurrent Jurisdiction .................................................................................................... 1

1-2

Judicial Power and Conduct ................................................................................................ 4

Authority .......................................................................................................................... 4

Conduct ............................................................................................................................ 4

Investigations ................................................................................................................... 4

Elections ........................................................................................................................... 5

1-3

Chief Judge Rule – MCR 8.110 ........................................................................................... 6

Applicability ..................................................................................................................... 6

Chief Judge, Chief Judge Pro Tempore, and Presiding Judges of Divisions ................... 6

Duties and Powers of Chief Judge ................................................................................... 6

1-4

General Management Duties of Chief Judge ..................................................................... 7

General Responsibility ..................................................................................................... 7

Specific Duties ................................................................................................................. 7

1-5

Selected Chief Judge Resources .......................................................................................... 9

Online Resource Center.................................................................................................... 9

Administration .................................................................................................................. 9

Appointments and Vacancies ......................................................................................... 10

Reporting ........................................................................................................................ 10

Attorney General Representation ................................................................................... 10

Election Procedure Lawsuits .......................................................................................... 10

Jail Overcrowding .......................................................................................................... 11

Cooperation with Law Enforcement Agencies .............................................................. 11

1-6

Trial Court Administrators ............................................................................................... 12

Authority and Scope ....................................................................................................... 12

Function .......................................................................................................................... 12

Core Competencies ........................................................................................................ 12

1-7

Selected Trial Court Administrator Resources ............................................................... 15

Trial Court Administration and Operations ................................................................... 15

Best Practices ................................................................................................................. 16

Charts, Lists, and Other Guides ..................................................................................... 16

Reporting Requirements ................................................................................................. 18

Table of Contents

1-8

Oversight of Friend of the Court Office ........................................................................... 19

Authority and Responsibility.......................................................................................... 19

Operations of Friend of the Court Office ....................................................................... 19

Local Policies, Administrative Orders, and Procedures ................................................. 20

1-9

Adopting Local Court Rules, Administrative Orders, and Plans .................................. 21

Introduction .................................................................................................................... 21

Local Court Rules ........................................................................................................... 21

Local Administrative Orders .......................................................................................... 22

Required Plans ................................................................................................................ 22

Informing the Public ....................................................................................................... 23

1-10

Court Relations – External and Internal .......................................................................... 24

Chief Judge Responsibilities .......................................................................................... 24

Media Relations .............................................................................................................. 24

Internal Relations of the Court ....................................................................................... 25

Gender and Racial/Ethnic Issues, ADA, and LEP in the Courts.................................... 25

1-11

Jail Overcrowding .............................................................................................................. 26

Chief Judge Responsibility ............................................................................................. 26

County Jail Population Management Plan ..................................................................... 26

1-12

Office Appointments and Filling Certain Vacancies ....................................................... 28

Circuit Judge .................................................................................................................. 28

District Judge .................................................................................................................. 30

Probate Judge ................................................................................................................. 30

1-13

Management Assistance ..................................................................................................... 33

Circuit Court Related ..................................................................................................... 33

District/Municipal Court Related ................................................................................... 33

Probate Court Related .................................................................................................... 33

Court Reporter and Recorder Related ............................................................................ 33

Problem-Solving Courts ................................................................................................. 34

1-14

Performance Measures ....................................................................................................... 35

Authority ........................................................................................................................ 35

Trial Court Requirements ............................................................................................... 35

Resources and Updates ................................................................................................... 35

2-1

State Court Administrative Office .................................................................................... 36

Functions ........................................................................................................................ 36

Management Assistance ................................................................................................. 37

Table of Contents

iii

Standing Advisory Committees ...................................................................................... 38

Manuals and Court Forms .............................................................................................. 40

Michigan Judicial Institute and Education ..................................................................... 40

2-2

SCAO-Approved Court Forms ......................................................................................... 42

Authority ........................................................................................................................ 42

Process for Developing and Revising SCAO-Approved Forms .................................... 42

Approval and Distribution .............................................................................................. 44

Modifying SCAO-Approved Forms ............................................................................... 45

Standard Specifications and Design Criteria .................................................................. 45

2-3

Other Resources for Technical Assistance, Training, and Information ........................ 48

Institute for Court Management ..................................................................................... 48

Michigan Child Welfare Training Clearinghouse .......................................................... 49

Institute of Judicial Administration ................................................................................ 49

National Association for Court Management ................................................................. 50

National Center for Juvenile Justice ............................................................................... 51

National Center for State Courts..................................................................................... 51

National Conference of State Trial Judges ..................................................................... 52

National Council of Juvenile and Family Court Judges ................................................. 53

Nation Institute of Corrections Information Center ....................................................... 55

National Institute of Justice/National Criminal Justice Reference Service ................... 55

The National Judicial College ........................................................................................ 56

3-1

Introduction ........................................................................................................................ 58

Caseflow Management ................................................................................................... 58

Case Assignment ............................................................................................................ 59

Alternative Dispute Resolution ...................................................................................... 59

Appointment of Counsel and Other Representatives ..................................................... 59

Jury Utilization and Management .................................................................................. 59

Case Management Information ...................................................................................... 60

Business Courts .............................................................................................................. 60

Other Case Management Tools ...................................................................................... 60

3-2

Case Assignment System .................................................................................................... 62

Authority ........................................................................................................................ 62

Case Assignment and Reassignment Systems ............................................................... 62

Visiting Judges ............................................................................................................... 62

3-3

Alternative Dispute Resolution (ADR) ............................................................................. 63

Table of Contents

Court-Related Alternative Dispute Resolution............................................................... 63

Noncourt Alternative Dispute Resolution ...................................................................... 65

ADR Information ........................................................................................................... 65

3-4

Appointment of Counsel and Representatives ................................................................. 66

Circuit Court ................................................................................................................... 66

District Court .................................................................................................................. 80

Probate Court .................................................................................................................. 83

3-5

Jury Management ............................................................................................................... 89

Introduction .................................................................................................................... 89

Operating Responsibilities ............................................................................................. 89

Authority ........................................................................................................................ 90

Transfer of Jury Board Duties to Trial Court ................................................................. 90

Scheduling Practices, Use of the Jury Pool, and Panel Size .......................................... 91

Orientation Program ....................................................................................................... 93

Jury Instructions ............................................................................................................. 93

Resources ....................................................................................................................... 93

3-6

Bail Bond and Pretrial Services ........................................................................................ 95

Authority ........................................................................................................................ 95

Types of Bond/Release ................................................................................................... 95

Alternative Bond Documents ......................................................................................... 96

Forfeiture ........................................................................................................................ 96

Return of Bond ............................................................................................................... 97

Application of Bail Money to Payments of Fines and Costs .......................................... 97

Bond/Bail Pending Appeal ............................................................................................. 97

Bail Bondsman ............................................................................................................... 97

Third-Party Bonds .......................................................................................................... 98

Interest Bearing Account ............................................................................................... 98

SCAO-Approved Forms ................................................................................................. 98

3-7

Case Management Information Reports .......................................................................... 99

Introduction .................................................................................................................... 99

Required Reporting to the State Court Administrative Office ....................................... 99

3-8

Case Disposition Reports to State and Federal Agencies .............................................. 102

4-1

Introduction ...................................................................................................................... 105

Records Management Program .................................................................................... 105

Managing Case Files .................................................................................................... 106

Table of Contents

Managing Other Court Records ................................................................................... 107

Managing Forms........................................................................................................... 107

4-2

Records Kept By Courts .................................................................................................. 108

Court Records Defined ................................................................................................. 108

Filing ............................................................................................................................ 109

Case Records Kept by All Court Clerks ....................................................................... 110

Other Case Records ...................................................................................................... 112

Court Recordings, Log Notes, Jury Seating Charts, and Media ................................... 112

Other Court Records ..................................................................................................... 113

4-3

Public Access to Court Case Records ............................................................................. 114

Right of Public Inspection ............................................................................................ 114

Handling Inquiries Regarding Nonpublic Records ...................................................... 116

Authority for Restricting Access .................................................................................. 117

Freedom of Information Act ........................................................................................ 117

Providing Indigent Defendants with Case Records (applies to circuit courts only) ..... 117

Sealed Records ............................................................................................................. 118

4-4

Record Retention and Disposal ....................................................................................... 119

Authority ...................................................................................................................... 119

Record Retention and Disposal Schedule .................................................................... 119

Record Reproduction .................................................................................................... 119

E-mail Retention .......................................................................................................... 120

Record Storage ............................................................................................................. 120

Disaster Prevention and Recovery ................................................................................ 121

Confidential Records Destruction ................................................................................ 121

Additional Information ................................................................................................. 121

5-1

Chief Judge Responsibilities in Personnel Administration ........................................... 122

Authority ...................................................................................................................... 122

Relationship with Judges and Court Staff .................................................................... 122

Local Intergovernmental Relations .............................................................................. 123

Emergency Services Plan ............................................................................................. 123

Delegation of Authority by Local Administrative Order ............................................. 123

Contracting work .......................................................................................................... 124

Court-Appointed Officers ............................................................................................ 124

Contacts ........................................................................................................................ 125

5-2

Personnel Matters Involving the Funding Unit ............................................................. 126

Table of Contents

Mediation and Legal Action in Funding Disputes ....................................................... 126

Participation by Funding Unit in Negotiating Process ................................................. 126

Consistency with Funding Unit Personnel Policies ..................................................... 127

Collective Bargaining ................................................................................................... 128

Staffing Problem for Multi-Location Courts ................................................................ 128

5-3

Personnel and Labor Relations Law ............................................................................... 129

Equal Opportunity and Nondiscrimination – Federal Statutes ..................................... 129

Equal Opportunity and Nondiscrimination – Michigan Statutes ................................. 131

General Labor Legislation ............................................................................................ 132

5-4

Determining Qualifications of Court Staff ..................................................................... 135

Source of Qualifications ............................................................................................... 135

Michigan Court Rules and Supreme Court Administrative Orders ............................. 135

Michigan Statutes ......................................................................................................... 135

Equal Employment Opportunity .................................................................................. 135

Administrative Order 2016-5 – Hiring of Relatives by Courts .................................... 136

Oath of Office ............................................................................................................... 138

5-5

Ethics.................................................................................................................................. 139

Code of Judicial Conduct – Application to Judges and Staff ....................................... 139

Rules of Professional Conduct ..................................................................................... 139

Adopting a Code of Conduct ........................................................................................ 139

Model Code of Conduct for Juvenile Probation Officers ............................................. 139

5-6

Absences From the Court ................................................................................................ 140

Authority ...................................................................................................................... 140

Judicial Absences ......................................................................................................... 140

Court Holidays ............................................................................................................. 141

5-7

Liability Protection for the Court ................................................................................... 142

Performance Bond Requirements ................................................................................. 142

Legal Representation .................................................................................................... 143

Insurance Coverage or Indemnification ....................................................................... 144

Insurance for Community Service or Work Programs ................................................. 145

5-8

Trial Court Administrator ............................................................................................... 146

Authority ...................................................................................................................... 146

Duties and Functions .................................................................................................... 146

5-9

Circuit Court Clerk (County Clerk) ............................................................................... 147

Authority ...................................................................................................................... 147

Table of Contents

Appointment of Deputy Circuit Court Clerk (Deputy County Clerk) .......................... 147

Bonding of County Clerk ............................................................................................. 147

Filling Vacancy in County Clerk’s Office.................................................................... 147

Duties and Responsibilities .......................................................................................... 148

5-10

Circuit Court Probation/Parole ...................................................................................... 150

Probation ...................................................................................................................... 150

Parole ............................................................................................................................ 151

5-11

Friend of the Court Office ............................................................................................... 152

Function ........................................................................................................................ 152

Authority ...................................................................................................................... 152

Legal Assistance for the Friend of the Court Office .................................................... 153

Surety or Performance Bond Requirements ................................................................. 153

Duties and Responsibilities of the Friend of the Court Office ..................................... 154

Domestic Relations Referees ........................................................................................ 158

Annual Review of Friend of the Court Office .............................................................. 159

Grievances Against Friend of the Court ....................................................................... 159

5-12

District Court Clerk ......................................................................................................... 160

Authority ...................................................................................................................... 160

Appointment of Deputy Clerks .................................................................................... 160

Term of Office .............................................................................................................. 160

Bonding of Clerk .......................................................................................................... 160

Duties and Responsibilities .......................................................................................... 160

5-13

District Court Probation .................................................................................................. 163

Establishment of Probation Department ...................................................................... 163

Duties of Officer ........................................................................................................... 163

5-14

District Court Magistrate ................................................................................................ 164

Authority ...................................................................................................................... 164

Appointment of Magistrate .......................................................................................... 164

Appointment of Deputy Clerk as Magistrate ............................................................... 165

Term of Office .............................................................................................................. 165

Reporting Requirement ................................................................................................ 165

Duties ............................................................................................................................ 165

Immunity ...................................................................................................................... 166

5-15

Law Clerks for Circuit and District Court .................................................................... 167

Authority ...................................................................................................................... 167

Table of Contents

Requirement for Employment ...................................................................................... 167

Compensation ............................................................................................................... 167

Period of Employment and Discharge ......................................................................... 167

Function ........................................................................................................................ 167

5-16

Probate Register ............................................................................................................... 168

Appointment ................................................................................................................. 168

Judicial Responsibility ................................................................................................. 168

Entry of Order Specifying Authority ............................................................................ 168

Other Authority ............................................................................................................ 169

Duties and Responsibilities .......................................................................................... 169

5-17

Public Guardian of Probate Court .................................................................................. 171

Authority ...................................................................................................................... 171

Funding ......................................................................................................................... 171

Appointment and Function ........................................................................................... 171

Model Code of Ethics for Guardians ............................................................................ 171

5-18

Public Administrator ........................................................................................................ 172

5-19

Juvenile Register ............................................................................................................... 173

Authority ...................................................................................................................... 173

Duties and Responsibilities .......................................................................................... 173

5-20

Juvenile Probation Officer ............................................................................................... 175

Authority ...................................................................................................................... 175

Duties ........................................................................................................................... 175

5-21

Juvenile Court Referee ..................................................................................................... 176

Authority ...................................................................................................................... 176

Duties ........................................................................................................................... 176

Additional Qualifications ............................................................................................. 176

5-22

County Juvenile Officer ................................................................................................... 178

5-23

County Agent .................................................................................................................... 179

Authority ...................................................................................................................... 179

Duties and Responsibilities .......................................................................................... 179

Assistant County Agents .............................................................................................. 179

5-24

Judicial Assistant .............................................................................................................. 180

Authority ...................................................................................................................... 180

Requirement for Employment ...................................................................................... 180

Duties ........................................................................................................................... 180

Table of Contents

Compensation and Term of Office ............................................................................... 180

5-25

Sheriff’s Department ........................................................................................................ 181

Authority ...................................................................................................................... 181

Duties ........................................................................................................................... 181

5-26

Jury Board......................................................................................................................... 182

Authority ...................................................................................................................... 182

Rules Governing Work of Jury Board .......................................................................... 182

5-27

Court Reporter/Recorder ................................................................................................ 183

Authority ...................................................................................................................... 183

Appointment ................................................................................................................. 183

Qualifications ............................................................................................................... 184

Oath of Office ............................................................................................................... 184

Manual for Court Reporters and Recorders ................................................................. 184

Fee Schedules .................................................................................................................. 185

Fee Schedules ............................................................................................................... 185

Limitations on Fees ...................................................................................................... 185

Interest on Civil Judgments .......................................................................................... 185

Recommended Fines and Costs Schedule – Civil Infractions ............ ........................ 186

Budgeting ......................................................................................................................... 187

The Role of the Funding Unit in the Budgeting Process .............................................. 187

The Role of the Court in the Budgeting Process .......................................................... 187

The Budget Process – General Context ........................................................................ 188

Budgeting in Times of Fiscal Strain ............................................................................. 188

Audits ............................................................................................................................... 189

Trial Court Financial Management Guidelines ........................................................... 190

Introduction .................................................................................................................. 190

Accounting System....................................................................................................... 190

Automated Accounting and Case Management System Security ................................ 190

Internal Control System ............................................................................................... 191

Bank Accounts ............................................................................................................. 192

Receipts ........................................................................................................................ 196

Disbursements .............................................................................................................. 204

Bonds, Restitution, and Other Trust Funds .................................................................. 205

Collection of Court-Ordered Financial Obligations ..................................................... 207

Suspected Embezzlement ............................................................................................. 207

Table of Contents

Funding Problems for Multi-Location Courts ............................................................. 208

District Courts .............................................................................................................. 208

Intergovernmental Transfers of Functions and Responsibilities Act ........................... 208

Funding Unit Disputes .................................................................................................... 209

Introduction .................................................................................................................. 209

How to Avoid Funding Disputes .................................................................................. 209

Early Negotiation ......................................................................................................... 210

Involve Your Regional Administrator .......................................................................... 211

Third-Party Mediation .................................................................................................. 211

Lawsuit as Last Resort .................................................................................................. 212

Case Law ...................................................................................................................... 212

Alternative Funding Sources – Grants ........................................................................ 215

Introduction .................................................................................................................. 215

Entitlement Funds ........................................................................................................ 215

Grants ........................................................................................................................... 217

Cooperative Reimbursement Program ......................................................................... 221

Definition and Purpose ................................................................................................. 221

General Procedures ...................................................................................................... 221

Contract Terms and Development ................................................................................ 221

Financial Benefits to County and Court ....................................................................... 221

6-10

Funding Sources and Collections for Court and State Wards ..................................... 222

Funding Sources ........................................................................................................... 222

Collections .................................................................................................................... 225

6-11

State Grants for County Juvenile Officers ..................................................................... 227

Introduction .................................................................................................................. 227

Authority ...................................................................................................................... 227

Payment System ........................................................................................................... 227

Reporting Use of Grant Money .................................................................................... 227

6-12

Friend of the Court Office Funds .................................................................................... 229

County General Fund Revenue .................................................................................... 229

Friend of the Court 215 Fund Revenue ........................................................................ 230

Other Revenue .............................................................................................................. 232

6-13

Other Funds ...................................................................................................................... 233

Court Equity Fund ........................................................................................................ 233

Drug Case Information Management Fund .................................................................. 233

Table of Contents

Drunk Driving Caseflow Assistance Fund ................................................................... 234

Juror Compensation Reimbursement Fund .................................................................. 235

7-1

Court Facilities .................................................................................................................. 236

Authority for Financial Responsibility of Court Facilities ........................................... 236

Courthouse Design Standards ...................................................................................... 236

County Law Libraries ................................................................................................... 236

Closing the Court, Court Hours, and Court Holidays .................................................. 239

Management and Destruction of Equipment ................................................................ 240

7-2

Court Security and Emergency Management ................................................................ 241

Introduction .................................................................................................................. 241

Trial Court Security Coordinator ................................................................................. 241

Reporting Security Incidents ........................................................................................ 242

Declaration Regarding Weapons in Court Facilities .................................................... 242

Emergency Management Policies and Procedures ....................................................... 242

7-3

Communication Systems Policies and Procedures ........................................................ 245

Internal Communication Devices and Systems ............................................................ 245

Use of Portable Electronic Devices in Court Facilities ................................................ 245

7-4

Media in the Courtroom .................................................................................................. 246

7-5

Technology Services Available Through Judicial Information Services ..................... 247

7-6

Videoconferencing ............................................................................................................ 249

Establishment of Videoconferencing Standards ........................................................... 249

Types of Court Proceedings Authorized to Use Videoconferencing ........................... 249

7-7

Digital Audio and Video Recording ................................................................................ 251

Establishment of Digital Recording Standards ............................................................ 251

Operating Equipment and Maintaining Recording Media ........................................... 251

7-8

Facsimile Communication Equipment ........................................................................... 252

Authority for Use of Equipment ................................................................................... 252

Definition ..................................................................................................................... 252

Standards and Criteria for Filing .................................................................................. 253

Fees ............................................................................................................................... 253

7-9

E-Filing .............................................................................................................................. 254

Michigan’s Goal ........................................................................................................... 254

Steps Toward Developing a Uniform E-Filing System ................................................ 254

7-10

Digital Imaging ................................................................................................................. 255

Authority ...................................................................................................................... 255

Table of Contents

Standards and Guidelines ............................................................................................. 255

7-11

Administration of Trial Court Websites and Social Media Sites ................................. 257

8-1

Americans With Disabilities Act ..................................................................................... 258

Introduction .................................................................................................................. 258

Administrative Requirements of the Trial Court .......................................................... 260

Requests for Accommodation ...................................................................................... 263

Facility Requirements................................................................................................... 269

8-2

Limited English Proficiency ............................................................................................ 270

Introduction .................................................................................................................. 270

Foreign Language Board of Review ............................................................................ 271

Certification, Registration, and Conduct of Foreign Language Interpreters ................ 271

Complaints About Foreign Language Interpreters ....................................................... 273

Administrative Requirements of the Trial Court .......................................................... 274

Request for Interpreter .................................................................................................. 277

Appointing a Foreign Language Interpreter ................................................................. 277

Reimbursement of Costs .............................................................................................. 279

8-3

Public Information Services and Resources ................................................................... 280

Friend of the Court Services and Resources ................................................................ 280

Public Resources on Access ......................................................................................... 281

Resources for the Self-Represented ............................................................................. 281

Domestic Violence Victim Advocate ........................................................................... 282

Trial Court Annual Reports .......................................................................................... 282

One Court of Justice Website ....................................................................................... 283

Developing Comprehensive Public Information Programs for Courts ........................ 283

Required Lists, Schedules, and Other Public Information ........................................... 283

8-4

Court Reporter/Recorder Services ................................................................................. 286

Transcript Production/Exhibits .................................................................................... 286

Suppressed Transcripts ................................................................................................. 287

Videotape Record Transcripts ...................................................................................... 287

Exhibit Maintenance .................................................................................................... 287

Records Maintenance ................................................................................................... 287

Equipment and Supplies ............................................................................................... 288

Conduct and Complaints .............................................................................................. 288

8-5

Pretrial Services Programs .............................................................................................. 289

Authority ...................................................................................................................... 289

Table of Contents

Establishment ............................................................................................................... 289

Implementation ............................................................................................................. 289

Function ........................................................................................................................ 289

8-6

District Court Probation Departments ........................................................................... 291

Management of a District Court Probation Department .............................................. 291

Requirements of District Court Probation Officers ...................................................... 291

Types of Probation ....................................................................................................... 292

Transfer of Probation.................................................................................................... 292

Confidentiality of Records ........................................................................................... 293

Ethics ............................................................................................................................ 293

Records Retention ........................................................................................................ 293

8-7

Problem-Solving Courts ................................................................................................... 295

Authority ...................................................................................................................... 295

Types of Problem-Solving Courts ................................................................................ 295

Developing and Implementing a Problem-Solving Court ............................................ 296

Role of Probation ......................................................................................................... 297

Transfer ........................................................................................................................ 297

Case Management Data ................................................................................................ 297

Confidentiality of Records ........................................................................................... 298

Records Retention ........................................................................................................ 298

Problem-Solving Court Grants ..................................................................................... 298

Associations .................................................................................................................. 299

8-8

Trial Court Collection Programs .................................................................................... 300

Authority and Program Requirements .......................................................................... 300

Collections Program Goals ........................................................................................... 300

Program Policies, Standards, and Guidelines ............................................................... 301

Collections Program Status Performance Measure ...................................................... 301

Administration .............................................................................................................. 301

Confidentiality of Personal Identifying Information .................................................... 303

Determining Ability to Pay .......................................................................................... 303

State Reimbursement for Prison Cases ........................................................................ 304

Reimbursement from Litigants .................................................................................... 305

Crime Victim Assessment ............................................................................................ 311

8-9

Community Service and Work Programs ...................................................................... 314

Authority ...................................................................................................................... 314

Table of Contents

Service Recipients ........................................................................................................ 314

Costs ............................................................................................................................. 314

Liability ........................................................................................................................ 315

Insurance ...................................................................................................................... 315

Safety Considerations ................................................................................................... 316

Budget .......................................................................................................................... 316

8-10

Court-Operated Child Care Homes and Detention Facilities ...................................... 317

Child Care/Foster Care Homes .................................................................................... 317

Detention Homes .......................................................................................................... 317

Costs ............................................................................................................................. 318

Michigan Department of Health and Human Services ................................................. 318

8-11

Delinquency Prevention Programs ................................................................................. 319

Establishment ............................................................................................................... 319

Funding ......................................................................................................................... 319

8-12

Circuit Court Family Counseling Services ..................................................................... 320

Authority ...................................................................................................................... 320

Function ........................................................................................................................ 320

Funding ......................................................................................................................... 320

General Provisions ....................................................................................................... 320

Management Overview

(rev. 10/21)

1-01 Michigan Court System

This reference guide provides a summary of the six primary functional areas of trial court

administration (see Sections 3 through 8) and links to related resources. In addition to this reference

guide, there are summary pages of Trial Court Administration Resources on the One Court of

Justice website to easily access this related information about trial court operations, policy, and

procedures.

After Michigan became a state in 1837, the citizens adopted a state constitution, which included

the judicial branch of government. The concept of Michigan’s “One Court of Justice” was

introduced in Article 6, Section 1, of the 1963 Michigan Constitution. This concept allows the

judicial system to function as one unit consisting of different courts, each performing a distinct

role.

Jurisdiction

Michigan has three trial courts – circuit, district, and probate. See the organization chart of the

Michigan court system. A summary of the three trial courts is available online for the general

public.

Concurrent Jurisdiction

Authority

Within each judicial circuit, subject to approval by the Michigan Supreme Court and to the

limitations contained in sections MCL 600.410, 600.841, and 600.8304, a plan of

concurrent jurisdiction shall be adopted by a majority vote of all of the judges of the trial

courts in the plan unless a majority of all of the judges of the trial courts in that judicial

circuit vote not to have a plan of concurrent jurisdiction. If a majority of all of the judges

of the trial courts in a judicial circuit vote not to have a plan of concurrent jurisdiction, the

chief judge of the circuit court of that judicial circuit shall report the results of that vote to

the state court administrator. MCL 600.401(1). This statute does not apply to Genesee,

Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne Counties. MCL 600.401(6).

Under MCL 600.401(2), a plan of concurrent jurisdiction may provide for 1 or more of the

following:

The circuit court and 1 or more circuit judges may exercise the power and jurisdiction

of the probate court.

The circuit court and 1 or more circuit judges may exercise the power and jurisdiction

of the district court.

The probate court and 1 or more probate judges may exercise the power and jurisdiction

of the circuit court.

Management Overview

(rev. 10/21)

The probate court and 1 or more probate judges may exercise the power and jurisdiction

of the district court.

The district court and 1 or more district judges may exercise the power and jurisdiction

of the circuit court.

The district court and 1 or more district judges may exercise the power and jurisdiction

of the probate court.

If there are multiple district court districts within the judicial circuit, 1 or more district

judges may exercise the power and jurisdiction of judge of another district court district

within the judicial circuit. A plan of concurrent jurisdiction may include agreements as

to other matters involving the operation of the trial courts participating in the plan, such

as consolidated collections programs or shared probation departments.

Purpose

Courts develop and implement these plans to remove institutional barriers to efficiency,

innovation, and enhanced public service. Some of the benefits of initiating this process

include the opportunity to:

• Design a local court system customized to meet the specific needs of the community.

• Assign and organize the judicial and administrative workload to maximize access to

the courts and the timely resolution of cases.

• Develop and assign support services that improve public availability and fully utilize

the multiple skills of experienced staff.

• Improve local communication and cooperation among the judges and staff.

• Standardize practices and reduce appearances by counsel and litigants.

• Combine duplicative programs and services.

Establishing a Plan

A plan of concurrent jurisdiction under MCL 600.401 shall provide for the transfer or

assignment of cases between the trial courts affected by the plan and to individual judges

of those courts as necessary to implement the plan and to fairly distribute the workload

among those judges. MCL 600.401(3).

It may also include agreements as to other matters involving the operation of the trial courts

participating in the plan, as approved by the Michigan Supreme Court. MCL 600.401(4).

Management Overview

(rev. 10/21)

The plan of concurrent jurisdiction becomes effective upon the approval of the plan by the

Michigan Supreme Court. MCL 600.401(5).

Courts who desire to establish a concurrent jurisdiction plan must apply to the State Court

Administrative Office. An application with instructions has been developed for this

purpose. Guidelines for planning and applying are also available.

See more information at the Concurrent Jurisdiction web page.

Management Overview

(rev. 10/21)

1-02 Judicial Power and Conduct

Authority

Michigan’s current Constitution (Const 1963) created the “one court of justice,” incorporating

the concept that the state of Michigan has a single court with several divisions.

The Constitution invests the judicial power of the state “exclusively in one court of justice,

divided into one Supreme Court, one Court of Appeals, one trial court of general jurisdiction

known as the circuit court, one probate court, and courts of limited jurisdiction that the

Legislature may establish by a two-thirds vote of the members elected to, and serving in, each

house” Const 1963, Art 6, §1. Each of these several divisions devotes attention to judicial

administration.

Conduct

A judge should uphold the integrity and independence of the judiciary. An independent and

honorable judiciary is indispensable to justice in our society. A judge should participate in

establishing, maintaining, and enforcing, and should personally observe, high standards of

conduct so that the integrity and independence of the judiciary may be preserved. A judge

should always be aware that the judicial system is for the benefit of the litigant and the public,

not the judiciary.

The provisions of this code should be construed and applied to further those objectives.

Michigan Code of Judicial Conduct, Canon 1.

Investigations

The Michigan Judicial Tenure Commission (JTC), created pursuant to Article 6, Section 30 of

the Michigan Constitution, is charged with investigating complaints regarding judicial

misconduct or disability. The JTC investigates based on verified statements received from any

source alleging misconduct or disability, pursuant to requests from the Attorney Grievance

Commission, or on the request of the chief justice or state court administrator.

As a result of the investigation, the JTC may dismiss the investigation, admonish the judge

who is the subject of investigation, recommend private censure by the Supreme Court, or file

a complaint to initiate formal proceedings. At the conclusion of formal proceedings, the JTC

may dismiss the complaint or recommend discipline, removal, retirement, or suspension of the

judge to the Supreme Court. All commission proceedings are confidential until the time a

complaint is filed, at which time proceedings are available for public inspection and are open

to the public.

Michigan Judicial Tenure Commission

3034 West Grand Boulevard, Suite 8-450

Detroit, MI 48202

Management Overview

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313-875-5110

FAX 313-875-5154

E-mail: [email protected]

http://jtc.courts.mi.gov/

Elections

County Election Commissions

The chief judge or only judge of probate, with the county clerk and county treasurer,

constitute a board of county election commissioners, two of whom shall be a quorum for

the transaction of business. The chief judge or only judge of probate shall be chairperson.

MCL 168.23.

Petitions for Recall

The board of county election commissioners shall determine whether or not the reasons for

recall stated in the petition for recall are of sufficient clarity to enable the officer whose

recall is sought and the electors to identify the course of conduct claimed to be the basis

for the recall. MCL 168.952.

Delivery of Election Results on Election Night

Election returns are to be delivered to the board of county canvassers, in care of the probate

judge, on election night. The probate judge shall deliver the returns received by him/her to

the board of canvassers when it meets to canvass the returns. MCL 168.809.

For details on election procedure lawsuits, see Section 1-05.

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1-03 Chief Judge Rule – MCR 8.110

Applicability

The Chief Judge Rule applies to all trial courts: the judicial circuits of the circuit court, the

districts of the district court, the probate court in each county or a probate district established

by law, and the municipal courts. MCR 8.110(A).

Chief Judge, Chief Judge Pro Tempore, and Presiding Judges of Divisions

The Supreme Court shall select a judge of each trial court to serve as chief judge. No later

than September 1 of each odd-numbered year, each trial court with two or more judges

may submit the names of no fewer than two judges whom the judges of the court

recommend for selection as chief judge. MCR 8.110(B)(1).

Unless a chief judge pro tempore or presiding judge is named by the Supreme Court, the

chief judge shall select a chief judge pro tempore and a presiding judge of any division of

the trial court. The chief judge pro tempore and any presiding judges shall fulfill such

functions as the chief judge assigns. MCR 8.110(B)(2).

The chief judge, chief judge pro tempore, and any presiding judges shall serve a two-year

term beginning January 1 of each even-numbered year, provided that the chief judge serves

at the pleasure of the Supreme Court and the chief judge pro tempore and any presiding

judges serve at the pleasure of the chief judge. MCR 8.110(B)(3). A chief judge can be

appointed to serve consecutive terms.

Where exceptional circumstances exist, the Supreme Court may appoint a judge of another

court to serve as chief judge of a trial court. MCR 8.110(B)(4).

Duties and Powers of Chief Judge

A chief judge shall act in conformity with the Michigan Court Rules, administrative orders of

the Supreme Court, and local court rules, and should freely solicit the advice and suggestions

of the other judges of his or her bench and geographic jurisdiction. If a local court management

council has adopted the bylaws described in Michigan Supreme Court Administrative Order

1998-5, the chief judge shall exercise the authority and responsibilities under this rule in

conformity with the provisions of the administrative order. MCR 8.110(C)(1).

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1-04 General Management Duties of Chief Judge

General Responsibility

All the duties and responsibilities enumerated in the Michigan Court Rule 8.110 (Chief Judge

Rule) apply to the chief judge appointed to each court. Obviously, there will be no need for a

chief judge pro tempore or a presiding judge in a single-judge court.

Specific Duties

Presiding Officer

The chief judge is the presiding officer of the court and shall: (a) call and preside over

meetings of the court, and (b) appoint committees of the court.

MCR 8.110(C)(2)(a)-(b).

Director of Administration

As director of the administration of the court, a chief judge shall have administrative

superintending power and control over the judges of the court and all court personnel,

including the friend of the court (see Section 1-08). MCR 8.110(C)(3). Furthermore, the

chief judge has the authority and responsibility to perform any act or duty or enter any

order necessarily incidental to carrying out the purposes of the chief judge rule. MCR

8.110(C)(3)(i).

Specified authority and duties are set forth in MCR 8.110(C)(3)(a)-(g) and in

MCR 8.110(C)(4)-(7). Some of these duties include:

• Determining hours of operation and staffing.

• Issuing policy.

• Managing caseloads.

• Effecting compliance with all applicable court rules and provisions of the law.

• Making certain appointments and filling certain vacancies.

• Managing assignment and reassignment of cases, requesting visiting judges.

• Supervising court finances.

• Supervising personnel.

The above authority and duties are addressed more fully in the functional areas of court

management (see Sections 3 through 8 of this guide). Each of these sections contains links

to specific related resources. Additionally, links to these resources have been compiled on

summary Trial Court Operations web pages. See also Section 1-05 for a list of selected

chief judge resources and 1-07 for a list of selected trial court administrator resources.

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Delegation of Duties and Delegation of Authority

The chief judge may delegate administrative duties to a trial court administrator or others.

MCR 8.110(C)(6). The chief judge may also delegate authority to a probate register, district

court magistrate, juvenile referee, and domestic relations referee in accordance with statute.

For details, see Section 5-01.

Internal and external Court Relations

As presiding officer of the court, a chief judge shall initiate policies concerning the court’s

internal operations and its position on external matters affecting the court; represent the

court in its relations with the Supreme Court, other courts, other agencies of government,

the bar, the general public, and the news media, and in ceremonial functions; and counsel

and assist other judges in the performance of their responsibilities. MCR

8.110(C)(2)(c),(e)-(f). For details, see Sections 1-9, 1-10, and 5-01.

The chief judge of each trial court, the other judges of that bench, and the court

administrator must establish and maintain an environment that promotes and protects equal

opportunity, bias free attitudes, and fair treatment. See Sections 1-10 and 5-01. A chief

judge must meet regularly with all chief judges whose courts are wholly or partially within

the same county. MCR 8.110(C)(2)(d); Michigan Supreme Court Administrative Order

1998-5.

Annual Review of Friend of the Court

The chief judge annually shall review the performance record of each friend of the court

serving that circuit to determine whether the friend of the court is guilty of misconduct,

neglect of statutory duty, or failure to carry out written orders of the court relative to a

statutory duty; whether the purposes of this act are being met; and whether the duties of

the friend of the court are being carried out in a manner that reflects the needs of the

community being served. Public notice of the annual review shall be given. MCL 552.524.

Other Postconviction Proceedings

An indigent defendant who is not eligible to file an appeal of right or an application for

leave to appeal may obtain records and documents as provided in MCR 6.433(C).

The defendant must make a written request to the sentencing court for specific court

documents or transcripts indicating that the materials are required to pursue

postconviction remedies in a state or federal court and are not otherwise available to

the defendant.

If the documents or transcripts have been filed with the court and not previously

provided to the defendant, the clerk must provide the defendant with copies of such

materials without cost to the defendant. If the requested materials have been previously

provided to the defendant, on the defendant’s showing of good cause to the court, the

clerk must provide the defendant with another copy.

The court may order the transcription of additional proceedings if it finds that there is

good cause for doing so. After such a transcript has been prepared, the clerk must

provide a copy to the defendant.

Nothing in this rule precludes the court from ordering materials to be supplied to the

defendant in a proceeding under subchapter 6.500.

Sealed Records

Except as otherwise provided by statute or court rule, a court may not enter an order that seals

court records, in whole or in part, in any action or proceeding unless certain factors exist. MCR

8.119(I). A court may not seal a court order or opinion, including an order or opinion that

disposes of a motion to seal the record. Whenever a court grants a motion to seal a court record,

in whole or in part, the court must forward a copy of the order to the Clerk of the Supreme

Court and the State Court Administrative Office pursuant to MCR 8.119(I)(7). Materials that

are subject to a motion to seal a record in whole or in part shall be held under seal pending the

court’s disposition of the motion under MCR 8.119(I)(4).

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4-04 Record Retention and Disposal

Authority

Records may not be disposed of, mutilated, or destroyed except as allowed by statute or court

rule. MCL 399.5, MCL 600.1428, MCL 691.1101; MCR 3.925, MCR 8.119(K).

Subject to the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, a court may

dispose of any record that has been listed in the General Records Retention and Disposal

Schedule for that court. MCL 600.1428(2).

A court record, regardless of its medium, shall not be disposed of until the record has been in

the custody of the court for the retention period established in the applicable General Records

Retention and Disposal Schedule. MCL 600.1428(3).

Record Retention and Disposal Schedule

The State Court Administrative Office establishes and maintains the general records retention

and disposal schedules for the trial courts. As required by MCL 399.5, the schedules are

approved by Records Management Services of the Department of Technology, Management,

and Budget; the Archives of Michigan; the Attorney General; and the State Administrative

Board.

Records Retention and Disposal Schedule #13 for District Court

https://www.michigan.gov/documents/dtmb/RMS_GS13_573186_7.pdf

Records Retention and Disposal Schedule #14 for Probate Court

https://www.michigan.gov/documents/dtmb/RMS_GS14_597247_7.pdf

Records Retention and Disposal Schedule #15 for Circuit Court

https://www.michigan.gov/documents/dtmb/RMS_GS15_597248_7.pdf

Record Reproduction

The Records Reproduction Act (MCL 24.401-.406) regulates the reproduction of public

records by public bodies in Michigan. The law requires that standards be promulgated to

regulate the use of microfilm and digital imaging technologies. See the standards promulgated

by Records Management Services.

Michigan Laws, Standards and Best Practices

• Best Practices for Reproducing Public Records

• Records Reproduction Act (MCL 24.401 to MCL 24.406) (effective January 2005)

• Best Practices for the Capture of Digital Images from Paper or Microfilm

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• Technical Standards for Capturing Digital Images from Paper or Microfilm (effective

August 15, 2005)

• Best Practices for the Microfilming of Paper Records

• Technical Standards for Capturing Microfilm from Paper (effective August 15, 2005)

• Best Practices for the Microfilming of Digitized Records

• Technical Standards for Microfilming Digital Records (effective August 15, 2005)

• Michigan Trial Court Guidelines and Standards for Digital Imaging

U.S. Standards

American National Standards Institute (ANSI)

1899 L Street, NW

11th Floor

Washington, DC 20036

202-293-8030

www.ansi.org

Association for Information and Image Management (AIIM)

1100 Wayne Avenue, Suite 1100

Silver Spring, MD 20910

301-587-8202

www.aiim.org

Vendor Services (State of Michigan master contracts)

Records Management Services administers master contracts with vendors that provide

microfilming, digital imaging, and media storage services. Courts may use these

competitively-bid contracts. Records Management Services provide consulting services to

courts that use these contracts to develop a “Statement of Work” that defines the work that

will be done and that establishes quality measures. Questions about these contracts may be

addressed to Caryn Wojcik at 517-335-8222 or [email protected].

E-mail Retention

E-mail is a fast, efficient, and cost-effective means for communicating and sharing

information. However, e-mail messages are subject to the same record retention laws as other

court records. Records Management Services has published guidelines and information about

e-mail retention.

Record Storage

When records become inactive, the court may want to consider off-site storage for file

maintenance, if there is not adequate storage in the county facility. Records Management

Services has published a guide to help select a records storage vendor. It is available at

http://michigan.gov/documents/hal_mhc_rms_storage_vendors_171510_7.pdf.

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Disaster Prevention and Recovery

Records Management Services has published a guide that contains a list of web-based

resources that will help government agencies plan for and respond to disasters. See Guide to

Disaster Preparedness and Response. See also Section 7-02.

Confidential Records Destruction

Some public records contain sensitive or confidential information. These records should not

be placed in a regular trash or recycle bin when they are destroyed. It is important that

government agencies ensure these records are destroyed in a manner that prevents the

inappropriate release of the information. The State of Michigan administers a master contract

with a vendor that complies with the state’s requirements for confidential destruction of

records. Government agencies that are interested in using this contract should contact the

vendor at:

Certified Document Destruction

300 West Chestnut Street

Wauseon, OH 43567

800-433-7876

http://cdd-r.com

Additional Information

Records Management Services provides expertise and assistance to state and local government

agencies with managing records and information in the most effective, cost efficient, and

legally complaint manner.

Michigan Department of Technology, Management and Budget

Records Management Services

P.O. Box 30026

3400 North Grand River Avenue

Lansing, MI 48909

517-335-9132

www.michigan.gov/recordsmanagement

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5-01 Chief Judge Responsibilities in Personnel Administration

A. Authority

Michigan case law has established trial courts as the employer of records as it relates to court

employees. Examples of Michigan cases include but are not limited to the following: Judges

of the 74th Judicial Dist v Bay Co, 385 Mich 710(1971), distinguished by American Federation

of State, County and Municipal Employees, Council 25 v Wayne County, 292 Mich App 68

(2011); Seventeenth Dist Probate Court v Gladwin v Gladwin Co Bd of Comm’rs, 155 Mich

App 433 (1986); Ottawa Co Controller v Ottawa Probate Judge, 156 Mich App 594 (1986);

and Judicial Attorneys Ass’n v State of Michigan , 459 Mich 291 (1998).

The relationship of the chief judge with other judges on a multi-judge bench and with court

staff is based on the provisions of MCR 8.110. See Section 1-03.

B. Relationship with Judges and Court Staff

Judicial Workload and Absences

MCR 8.110(C)(3) imparts to the chief judge accountability for the hours of work,

attendance, productivity, and vacations of his or her fellow judges. The chief judge is

responsible and has the authority to:

(a)

Determine the hours of the court and the judges; coordinate the number of judges

required to be present at any one time to perform necessary judicial and administrative

work of the court; and require their presence to perform that work.

(b)

Coordinate judicial vacations and absences, subject to the provision of subrule (D).

A judge may not be absent from the court without the chief judge’s prior approval, except

for personal illness. In making the decision on a request to approve vacation or other

absences, the chief judge may consider, among other factors, the pending caseload of the

judge involved, including the judge’s latest report pursuant to MCR 8.107; the number of

cases ready for trial and awaiting trial; and the length of time the cases have been pending.

The chief judge is required to maintain records of absences to be available at the request of

the Supreme Court. MCR 8.110(D)(6). See Section 1-05.

Supervising Court Staff

MCR 8.110(C)(3)(d) provides that it is the responsibility of the chief judge to supervise the

performance of all court personnel, with authority to hire, discipline, or discharge such

personnel, with the exception of a judge’s secretary and law clerk, if any. See also Sections

1-05 and 1-08.

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C. Local Intergovernmental Relations

Michigan Supreme Court Administrative Order 1998-5 addresses several matters related to

personnel administration and a court’s relationship with its funding unit, such as mediation and

legal action in funding disputes, participation in the negotiating process, and collective

bargaining. For details, see Section 5-02. See also Section 1-10.

D. Emergency Services Plan

If a court is notified by its funding unit of a reduction of the original appropriation for the court

for the current fiscal year, the court shall immediately file a copy of that notice with the State

Court Administrative Office in accordance with Michigan Supreme Court Administrative

Order 1994-6. The court, among other things, must provide an emergency services plan which

outlines what services are essential. Michigan Supreme Court Administrative Order 1994-6,

2.e. See also Sections 5-02, C. and 7-02.

E. Delegation of Authority by Local Administrative Order

Probate Register to Perform Judicial Acts

The chief probate judge may, through issuance of an order, grant to a probate register the

authority to perform certain judicial acts. MCL 600.834. MCR 8.301(B)(1). See also

Section 5-16. See Model LAO 18.

District Court Magistrate

The district judge may appoint, by local administrative order, a magistrate to serve at the

pleasure of the judge(s) to exercise the jurisdiction and duties only as authorized by the

chief judge, presiding judge, or only judge of the district court. Michigan Supreme Court

Administrative Order 2009-6; MCL 600.8501, MCL 600.8503. See also Section 5-14. See

Model LAO 3a for appointment of a non-attorney magistrate and Model LAO 3b for

appointment of an attorney magistrate. The district court magistrate must keep contact

information up-to-date on a form provided for that purpose.

Domestic Relations Referee

The chief circuit judge may designate, by local administrative order, a referee to exercise

the duties set forth in MCL 552.507(1) and MCR 3.215(A). Michigan Supreme Court

Administrative Order 2009-6. See Model LAO 31. The referee must keep contact

information up-to-date on a form provided for that purpose.

Juvenile Attorney/Non-Attorney Referee

The chief circuit judge may designate, by local administrative order, an attorney referee or

a non-attorney referee to exercise the duties set forth in MCL 712A.10 and MCR 3.913.

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Michigan Supreme Court Administrative Order 2009-6. See also Section 5-21. For

appointment of a non-attorney referee, see Model LAO 32a and for appointment of an

attorney referee, see Model LAO 32b. The referee must keep contact information up-to-

date on a form provided for that purpose.

F. Contracting work

Many courts contract for services with individuals as independent contractors. However, it is

important to ensure that individuals engaged as independent contractors are bona fide

independent contractors. The Internal Revenue Service provides guidance on whether a person

is an employee or an independent contractor in the Employer’s Supplemental Tax Guide,

publication 15-A.

G. Court-Appointed Officers

Authority and Appointment

Only individuals specified in MCR 2.103(B) have authority to seize property and conduct

evictions. If evictions or seizure of property are to be performed by a court officer, the

court shall appoint the court officer in accordance with procedures developed by the State

Court Administrative Office and in accordance with MCR 3.106. MCR 3.106(B), (C)(4).

The chief judge shall appoint a court officer for a term not to exceed 2 years. Two or more

chief judges may jointly appoint court officers for their respective courts. MCR

3.106(C)(1). The court must specify the nature of the court officer’s employment

relationship at the time of appointment and must maintain a copy of each court officer’s

application, as required by the State Court Administrative Office. MCR 3.106(C)(2), (3).

Procedure

The State Court Administrative Office has developed a procedure for the appointment and

supervision of court officers, including a model application form. MCR 3.106(C)(4);

SCAO ADM Memo 2002-04. See also related Court Officer Appointment and Independent

Contractor Procedures.

Court Officer Requirements

Appointed court officers must (1) post a surety bond in accordance with MCR 8.204. See

Trial Court Performance Bond Requirements. MCR 3.604(D)(1). (2) Provide the names

and addresses of all financial institutions in which they deposit funds obtained under this

rule, and the respective account numbers, and (3) provide the names and addresses of those

persons who regularly provide services to them in the seizure of property or evictions.

All person specified in MCR 2.103(B) must carry and display identification authorized by

the court or agency they serve. See sample identification card. MCR 3.106(F)(1).

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List of Court Officers or Bailiffs

Each court must post, in a public place at the court, a list of those persons who are serving

as court officers or bailiffs. The court must provide the State Court Administrative Office

with a copy of the list, and must notify the State Court Administrative Office of any

changes. MCR 3.106(B)(2). Also, if the court has a website, it must post the list of persons

authorized to seize property and conduct evictions on the website as required by standards

established by the State Court Administrative Office. See Section 8-03.

H. Contacts

Every court is required to have a person designated to the following positions or

responsibilities. Contact information should be updated in the manner indicated.

• ADA Coordinator: Update contact information on ADA Performance Measure

Compliance Form and submit new local administrative order.

• ADA Court Contact: Update contact information on ADA Performance Measure

Compliance Form.

• AWOLP Contact: Update contact information with Child Welfare Services or Regional

Office.

• Court Forms Contact (the court administrator and probate register): Update contact

information with the Trial Court Information System Data Coordinator at

[email protected].

• Court Security and Emergency Services Coordinator: Update contact information with

the Trial Court Information System Data Coordinator at [email protected].

• FICA Contact (circuit, district, probate): Update contact information with the Trial

Court Information System Data Coordinator at [email protected].

• Language Access Coordinator: Update [email protected].

• Title IV-E Court Contact: Update contact information with the Trial Court Information

System Data Coordinator at [email protected].

• Visiting Judge Clerk: Update contact information with Regional Office.

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5-02 Personnel Matters Involving the Funding Unit

The following are personnel-related responsibilities of the chief judge that involve the funding

unit. For management of funding unit disputes, see Section 6-07. See Michigan Supreme Court

Administrative Order (AO) 1998-5 (as amended effective June 4, 2014), Chief Judge

Responsibilities; Local Intergovernmental Relations.

Mediation and Legal Action in Funding Disputes

If, after the local funding unit has made its appropriations, a court concludes that the funds

provided for its operations by its local funding unit are insufficient to enable the court to

properly perform its duties and that legal action is necessary, the procedures set forth in AO

1998-5 (as amended effective June 4, 2014) must be followed.

“[A]t any time[] before differences escalate to the level of a formal funding dispute[,]” the

chief judge or funding unit representative “may request the assistance of the State Court

Administrative Office [(SCAO)] to mediate situations involving potential disputes[.]”

However, where a funding dispute cannot be resolved, the court must notify the state court

administrator that an unresolvable dispute exists and supply all facts relevant to the dispute;

the notice must include a written communication indicating that the court’s chief judge

approves of commencing legal proceedings.

The state court administrator must attempt to aid the court and the involved funding unit to

resolve the dispute.

If the court and funding unit request, the SCAO must appoint a mediator within five

business days. If mediation occurs as a result of this request, it is intended to be the

mediation referred to in MCL 141.438(6), MCL 141.438(8), and MCL 141.436(9). These

statutes are not applicable to third class district courts and municipal courts. In these

instances, the court may commence a civil action and the state court administrator can

assign a disinterested judge to preside.

If, after the procedure mentioned above has been followed, the court concludes that a civil

action to compel funding is necessary, the chief judge may commence a civil action,

consistent with MCL 141.436 and MCL 141.438, if applicable (see above).

Michigan Supreme Court Administrative Order 1998-5 (as amended effective June 4, 2014),

III, Funding Disputes; Mediation and Legal Action. See also Section 6-07.

Participation by Funding Unit in Negotiating Process

If a court does not have a local court management council, the chief judge, in establishing

personnel policies concerning compensation, fringe benefits, pensions, holidays, or leave, must

consult regularly with the local funding unit and must permit a representative of the local

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funding unit to attend and participate in negotiating sessions with court employees, if desired

by the local funding unit.

The chief judge shall inform the funding unit at least 72 hours in advance of any negotiating

session. The chief judge may permit the funding unit to act on the chief judge’s behalf as

negotiating agent.

Michigan Supreme Court Administrative Order 1998-5 (as amended effective June 4, 2014),

V, Participation by Funding Unit in Negotiating Process.

Consistency with Funding Unit Personnel Policies

To the extent possible, consistent with the effective operation of the court, the chief judge must

adopt personnel policies consistent with the written employment policies of the local funding

unit. Effective operation of the court to best serve the public in multi-county circuits and

districts, and in third-class district courts with multiple funding units, may require a single,

uniform personnel policy that does not wholly conform with specific personnel policies of any

of the court’s funding units.

Unscheduled Court Closing Due to Weather Emergency

If a chief judge opts to close a court and dismiss court employees because of a weather

emergency, the dismissed court employees must use accumulated leave time or take unpaid

leave if the funding unit has employees in the same facility who are not dismissed by the

funding unit. If a collective bargaining agreement with court staff does not allow the use

of accumulated leave time or unpaid leave in the event of court closure due to weather

conditions, the chief judge shall not close the court unless the funding unit also dismisses

its employees working at the same facility as the court.

In accordance with AO 1998-5, each court should already have a local administrative order

detailing the process for unscheduled court closing in the event of bad weather. It would

have been prepared by the chief judge in consultation with the court’s funding unit and in

accordance with rules for issuing local administrative orders. The policy must be consistent

with any collective bargaining agreements in effect for employees working in the court.

See Section 7-02 for guidelines.

Court Staff Hours

The standard working hours of court staff, including when they begin and end work, shall

be consistent with the standard working hours of the funding unit. Any deviation from the

standard working hours of the funding unit must be reflected in a local administrative order,

as required by the chief judge rule, and submitted for review and comment to the funding

unit before it is submitted to the State Court Administrative Office for approval.

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Michigan Supreme Court Administrative Order 1998-5 (as amended effective June 4, 2014),

VI, Consistency with Funding Unit Personnel Polices. See also Section 5-01, D, Emergency

Services Plan.

Collective Bargaining

For purposes of collective bargaining under 1947 PA 336, a chief judge or a designee of the

chief judge shall bargain and sign contracts with employees of the court. Notwithstanding the

primary role of the chief judge concerning court personnel pursuant to MCR 8.110, to the

extent that such action is consistent with the effective and efficient operation of the court, a

chief judge of a trial court may designate a representative of a local funding unit or a local

court management council to act on the court’s behalf for purposes of collective bargaining

pursuant to 1947 PA 336 only, and as a member of a local court management council, may

vote in the affirmative to designate a local court management council to act on the court’s

behalf for purposes of collective bargaining only.

Michigan Supreme Court Administrative Order 1998-5 (as amended effective June 4, 2014),

VIII, Collective Bargaining.

Staffing Problem for Multi-Location Courts

Multi-county circuit, district, and probate courts experience unique personnel problems

because they have groups of employees at each court location. Usually the employees share a

facility with local government employees, and the personnel policies are usually more like the

policies of local government employees than the policies for other court employees in single

location counties.

Because compensation for the court employees is provided by local funding units, the chief

judge must recognize the effect the local political reality has for each group of employees.

Often, personnel issues must be carefully negotiated with the local funding unit of each

location. The State Court Administrative Office’s regional administrators are available to assist

chief judges and court administrators with the difficult problems created by multi-location

courts. See also Section 6-06.

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5-03 Personnel and Labor Relations Law

The Chief Judge Rule, MCR 8.110, may serve as a guide on personnel and labor relations matters.

In addition various state and federal laws, as well as case law, impose duties in this area. Some of

the more relevant laws are as follows.

Equal Opportunity and Nondiscrimination – Federal Statutes

Equal opportunity is a legal right of all persons to be accorded full and equal consideration on

the basis of merit regardless of protected class with regard to all terms and conditions of

employment (e.g., hiring, promotion, layoff, demotion, termination, access to training, and

performance evaluation).

Civil Rights Act of 1964, 42 USC 2000e et seq.

Title VII of the Civil Rights Act of 1964, as amended, bans discrimination in all terms and

conditions of employment on the basis of race, color, religion, national origin, or sex. It

also created the Equal Employment Opportunity Commission (EEOC), which enforces

Title VII.

Civil Rights Act of 1991, 42 USC 1981a

The Civil Rights Act of 1991 amended Title VII of the Civil Rights Act of 1964, the

Americans with Disabilities Act of 1990, and the Age Discrimination in Employment Act

of 1967. It prohibits impermissible consideration of race, color, national origin, religion,

sex, or disability, and allows compensatory and punitive damages – previously available

only to racial and ethnic minorities – to be sought by victims of intentional discrimination

based on sex, religion, or disability.

A jury trial may be requested by any party to a case in which compensatory or punitive

damages are sought. It is enforced by the EEOC.

Fair Labor Standards Act of 1938 (FLSA), 29 USC 201 et seq.

The Fair Labor Standards Act of 1938 sets minimum wage, equal pay, overtime,

recordkeeping, and child labor standards for employees who are covered by the act and are

not exempt from specific provisions. Employees who are direct hires of an elected official

are not covered by the overtime provisions of the FLSA. See 29 USC 203(e)(2)(c)(ii)(II).

This may include law clerks and judicial secretaries.

The act is supplemented by numerous regulations issued by the U.S. Department of Labor.

See 29 CFR 553 et seq. Adopted by Congress in 1938, initially the act only applied to

private employers. In 1974, Congress amended the act to extend its provisions to most state

and local governmental employers. In 1976, the U.S. Supreme Court held that the 10th

Amendment to the U.S. Constitution rendered the application of the minimum wage and

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overtime provisions of the FLSA to state and local governments unconstitutional. National

League of Cities v Usery, 426 US 833 (1976).

From 1976 until 1985, state trial court employees were covered by virtually identical

minimum wage and overtime provisions of state law (MCL 408.381 et seq.) by virtue of

an Attorney General opinion issued in 1976. 9976 OAG 5115. In April 1985, the U.S.

Supreme Court overturned Usery, placing state trial court employees once more under the

jurisdiction of the U.S. Department of Labor for enforcement of the FLSA. Garcia v San

Antonio Metropolitan Transit Authority, 469 US 528 (1985).

Equal Pay Act of 1963, 29 USC 206

The Equal Pay Act of 1963 prohibits sex discrimination in salaries and most fringe benefits.

It provides that a man and a woman working for the same employer under similar

conditions in jobs requiring substantially equivalent skills, effort, and responsibility must

be paid equally, even when job titles and assignments are not identical. This act is enforced

by the EEOC.

Vietnam-Era Veterans Readjustment Assistance Act of 1974, 38 USC 4212

The Vietnam-Era Veterans Readjustment Assistance Act of 1974 requires employers with

federal contracts greater than $100,000 to take affirmative action to employ and promote

qualified disable veterans and Vietnam-Era veterans. It is enforced by the Office of Federal

Contract Compliance Programs (OFCCP), U.S. Department of Labor.

Age Discrimination in Employment Act of 1967 (ADEA), 29 USC 621 et seq.

The Age Discrimination in Employment Act of 1967, as amended in 1978 and again in

1986, prohibits employment discrimination on the basis of age of anyone age 40 and over.

Americans with Disabilities Act of 1990 (ADA), 42 UCS 12010 et seq.

The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act

of 2008, prohibits discrimination on the basis of disability in access to employment and

covers most employers, public entities, and public accommodations. The act requires

nondiscrimination, access, and reasonable accommodation, but does not require

affirmative action in hiring. It is enforced by the EEOC and the U.S. Department of Justice.

The ADA Amendments Act of 2008 clarified and expanded the definition of disability.

The Family and Medical Leave Act of 1993 (FMLA)

The Family and Medical Leave Act of 1993, as amended, provides in part that eligible

employees (employees who have worked for the employer for a total of at least 12 months

and have worked at least 1,250 hours over the 12 months prior to the leave) are entitled to

up to 12 work weeks of unpaid leave for: birth/care of a newborn; adopted or newly placed

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foster child; care of a spouse, child, or parent with a serious illness; an illness rendering the

employee unable to work; any qualifying exigency arising out of the fact that the spouse,

son, daughter, or parent of the employee is on active duty or has been notified of an

impending call or order to active duty in the Armed Forces, National Guard, or Reserves;

or service member family leave that allows an employee who is the spouse, son , daughter,

parent, or next of kin of a covered service member up to 26 work weeks of leave during a

12-month period to care for the service member with a serious injury or illness. An

employer must maintain the employee’s group health insurance coverage and the

employee’s original or an equivalent position during FMLA leave.

Equal Opportunity and Nondiscrimination – Michigan Statutes

Elliott-Larsen Civil Rights Act

The Elliott-Larsen Civil Rights Act is a Michigan statute that parallels Title VII of the Civil

Rights Act of 1964. In addition to prohibiting discrimination based on the categories listed

in Title VII of the Civil Right Act, Michigan law added familial status, marital status,

height, weight, and age as protected categories. There is no age limit specified in the

Michigan law. MCL 37.2102 et seq.

Persons with Disabilities Civil Rights Act

The Persons with Disabilities Civil Rights Act bars Michigan employers from

discrimination based on disability and requires employers to make reasonable

accommodations for disabled employees. MCL 37.1101 et seq.

Polygraph Protection Act of 1981

The Polygraph Protection Act of 1981 prohibits Michigan employers from requiring

prospective or current employees to submit to a polygraph examination as a condition of

employment. MCL 37.202 et seq.

Youth Employment Standards Act

Employment of minors is governed by the Youth Employment Standards Act. MCL

409.101 et seq.

Payment of Wages and Fringe Benefits Act

Prompt payment of wages and limitations on involuntary deductions from wages are

governed by the provisions of this act. MCL 408.471 et seq. Payroll deductions are

considered voluntary and include union dues. Detroit Public Schools v Conn, 308 Mich

App 234 (2014).

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General Labor Legislation

The Michigan Employment Security Act

The Michigan Employment Security Act provides for unemployment benefits for court

employees who lose their jobs due to termination or other reasons where good cause is

attributable to the employer (with certain exceptions as provided by the act). This act is

administered by the Employment Security Act (MCL 421.1 et seq.) through the

Unemployment Insurance Agency.

Michigan Workers’ Disability Compensation Act

The Michigan Workers’ Disability Compensation Act provides medical care and

compensation for court employees or their families if the employee is injured, disabled, or

killed during the course of employment. MCL 418.101 et seq. This act is administered by

the Department of Consumer and Industry Affairs, Bureau of Workers’ and Unemployment

Compensation.

Michigan Occupational Safety and Health Act

The prevention of on-the-job injuries through the elimination of hazardous or unsafe

working conditions is under the jurisdiction of the Michigan Department of Labor by virtue

of the Michigan Occupational Safety and Health Act. MCL 408.1001 et seq.

Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act (federal law)

provides reemployment rights for employees who leave their employment to perform

training or other military service in the armed forces. Title 38 USC Part III.

Bullard-Plawecki Employee Right to Know Act

Although personnel files are considered property of the employer, the Bullard-Plawecki

Employee Right to Know Act gives an employee the right to inspect his/her personnel file

and to ask the employer to copy the file. If a correction is requested, the employee and

employer must agree to the correction/removal of misinformation or inserting explanatory

materials. Reasonable access is granted the employee, with restrictions as to time and place

of inspection. The act includes the right to charge a nominal cost for reproduction of

materials. MCL 423.501 et seq.

Immigration Reform and Control Act

The Immigration Reform and Control Act requires all employers to check certain

documents when employing any person in order to ensure the employee is legally able to

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work in the United States. The requirements may be obtained from U.S. Citizenship and

Immigration Services.

Consolidated Omnibus Budget and Reconciliation Act (COBRA)

The Consolidated Omnibus Budget and Reconciliation Act requires employers having

group health plans to offer employees, their spouses, and eligible dependents the

opportunity for temporary extension of health-care benefits (medical, dental, and optical)

at group rates in certain instances where coverage would otherwise end. 29

USC 1161 et seq.

Public Employment Relations Act (PERA)

Trial courts are governed by the Public Employment Relations Act. The act is enforced by

the Michigan Employment Relations Commission (MERC), which is part of the Michigan

Department of Licensing and Regulatory Affairs (LARA). MCL 423.201 et seq.

The PERA is the collective bargaining law governing public employers and their

employees. While PERA provides for the recognition of an exclusive bargaining agent for

employees in appropriate units and prohibits certain acts as unfair labor practices, it also

prohibits strikes in the public sector.

Under PERA, if a union is selected to represent court employees in collective bargaining

and contract administration, the court and the union are legally obligated to bargain in good

faith. While the parties may bargain over any legal subject, MCL 423.215 limits the duty

to bargain collectively regarding wages, hours and other terms and conditions of

employment. Detroit Police Officers Ass’n v City of Detroit, 391 Mich 44 (1974). A refusal

to bargain collectively over mandatory subjects of bargaining is an unfair practice under

MCL 423.210(1)(e) if committed by an employer, and MCL 423.210(2)(d) if committed

by a union.

The parties may voluntarily bargain over permissive subjects of bargaining (issues that are

not wages, hours, and other terms and conditions of employment), but there is no duty to

bargain permissive subjects under the law. Employers and unions may not bargain over

illegal subjects (closed union shop, conditions of employment contrary to law).

The duty to bargain under PERA provides, in part, that “[e]xcept as otherwise provided in

[MCL 423.215], for purposes of this section, to bargain collectively is to perform the

mutual obligation of the employer and the representative of the employees to meet at

reasonable times and confer in good faith with respect to wages, hours, and other terms and

conditions of employment, or to negotiate an agreement, or any questing arising under the

agreement, and to execute a written contract, ordinance, or resolution incorporating any

agreement reached if requested by either party, but such obligation does not compel

either party to agree to a proposal or require the making of a concession.” (Emphasis

added.)

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When the parties are unable to agree, there are methods in law that provide for dealing with

the impasse. A condition precedent to the determination of impasses is that the issue in

dispute is a mandatory subject of bargaining. Parties may not go to impasse on non-

mandatory subjects of bargaining. The Michigan Employment Relations Commission

provides for mediation and fact-finding in situations where the parties cannot reach

agreement over mandatory subjects of bargaining.

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5-04 Determining Qualifications of Court Staff

Source of Qualifications

Establishing minimum job qualifications for court staff positions is the responsibility of the

chief judge, except where specific qualifications have been established by Michigan Court

Rules or administrative orders, or in statute, as follows.

Michigan Court Rules and Supreme Court Administrative Orders

For certification of shorthand reporters and electronic recorders, see MCR 8.108(G)(3). See

also the Manual for Court Reporters and Recorders.

Regarding various positions in family division of circuit court, see Michigan Supreme Court

Administrative Order 1985-5 (amended by Administrative Order 1988-3).

For referee qualifications for the family division of the circuit court, see MCR 3.913.

Michigan Statutes

Numerous positions described in Part B of the section have employment qualifications

prescribed by law. These include the following.

• Circuit and district court law clerks. MCL 600.1471(2).

• Circuit court clerk, Const 1963, Art 6, §14, MCL 600.571(a).

• District court magistrate. MCL 600.8507, MCL 600.8512.

• Domestic relations mediator. MCL 552.513(4).

• Friend of the court. MCL 552.523(3).

• Friend of the court referee. MCL 552.507(1).

• Judicial assistant. MCL 600.1481(2).

• Juvenile court referee. MCL 712A.10.

Equal Employment Opportunity

The Michigan Supreme Court has recommended that the leadership of the trial court work with

the funding unit to ensure that equal employment opportunity best practices are used when

recruiting applicants to the court by making certain to do the following.

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Clearly communicate to all persons involved in the hiring process that such process should

be designed to promote equal employment opportunity, and should be carried out in a

nondiscriminatory manner.

Clearly communicate to all persons involved in the hiring process that such process should

be designed and carried out in compliance with all applicable equal employment

opportunity laws.

Ensure that job announcements and postings are disseminated widely and in a manner that

reasonably ensures the greatest number of qualified applicants. The State Court

Administrative Office will post these to the One Court of Justice website.

Ensure that job announcements and postings, in their substance, are nondiscriminatory and

designed to promote equal employment opportunity.

Clearly communicate in all job announcements and postings that the court is an equal

employment opportunity employer, and that it does not discriminate on the basis of factors

prohibited by law.

Develop and implement a nondiscriminatory performance evaluation system for all

employees.

Ensure that all employees who believe that they have been subjected to discrimination in

the performance evaluation system, or in some other aspect of their employment, know to

whom such treatment can be communicated.

Clearly communicate to all court employees the commitment of the court to a workplace

in which there is no discrimination, and in which there is fair treatment and respect for all

employees.

Administrative Order 2016-5 – Hiring of Relatives by Courts

In order to ensure that the Michigan Judiciary is able to attract and retain the highest quality

work force and make most effective use of its personnel, an anti-nepotism policy went into

effect December 1, 1996 for all Michigan courts. The policy was amended in 2016 and is set

forth in Michigan Supreme Court Administrative Order 2016-5.

Purpose

This anti-nepotism policy is adopted to avoid conflicts of interest, the possibility or

appearance of favoritism, morale problems, and the potential for emotional interference

with job performance.

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Application

This policy applies to all full-time and part-time non-union employees, temporary

employees, contractual employment, including independent contractors, student interns,

and personal service contracts. This policy also applies to all applicants for employment

regardless of whether the position applied for is union or non-union.

Definitions

As used in this policy, the term “relative” is defined to include spouse, child, parent,

brother, sister, grandparent, grandchild, first cousin, uncle, aunt, niece, nephew,

brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, and father-

in-law, whether natural, adopted, step, or foster.

As used in this policy, “state court system” is defined to include all courts and agencies

enumerated in Const 1963, Art 6, §1 and the Revised Judicature Act of 1961, MCL

600.101 et seq.

As used in this policy, the term “court administrator” is defined to include the highest

level administrator, clerk, or director of the court or agency who functions under the

general direction of the chief justice or chief judge, such as state court administrator,

agency director, circuit court administrator, friend of the court, probate court

administrator, juvenile court administrator, probate register, and district court

administrator/clerk.

Prohibitions

Relatives of justices, judges, or court administrators shall not be employed within the

same court or judicial entity. This prohibition does not bar the assignment of judges

and retired judges by the Supreme Court to serve in any other court in this state for a

limited period or specific assignment, provided those assigned shall not participate in

any employment related matters or decisions in the court to which they are assigned.

Relatives of employees not employed as justices, judges, or court administrators shall

not be employed, whether by hire, appointment, transfer, or promotion, in any court

within the state court system (i) where one person has any degree of supervisory

authority over the other, whether direct or indirect; (ii) where the employment would

create favoritism or a conflict of interest or the appearance of favoritism or a conflict

of interest; or (iii) for reasons of confidentiality.

Should two employees become relatives by reason of marriage or other legal

relationship after employment, if possible, one employee shall be required to transfer

to another court within the state court system if the transfer would eliminate the

violation. If a transfer is not possible or if the violation cannot be eliminated, one

employee shall be required to resign.

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The decision as to which employee shall transfer or resign may be made by the

employees. If the employees fail to decide between themselves within 30 days of

becoming relatives, the employee with the least seniority shall be required to transfer

or resign. However, if one of the two employees holds an elective office, is a judge, or

is covered by a union contract, the other employee shall be required to transfer or

resign.

Required Submissions

If any person, whether employed by hire, appointment, or election, contemplates the

creation of a contractual relationship that may implicate this policy, whether directly or

(revised 3/99) indirectly, the proposed contract shall be submitted to the State Court

Administrative Office for review to ensure compliance with this policy.

Required Disclosure

All current employees, including persons who are elected or appointed, shall disclose in

writing to the State Court Administrative Office the existence of any familial relationship

as described in this policy within 30 days of the issuance of this policy or creation of the

relationship, whichever is sooner.

Affected Employees

This policy shall not apply to any person who is an employee of the state court system on

December 1, 1996, except that from December 1, 1996 forward, no person shall be

transferred or promoted or enter into a nepotic relationship in violation of this policy.

Oath of Office

Pursuant to MCL 15.151, all persons now employed or who may be employed by the State of

Michigan or any governmental agency thereof, and all other persons in the service of the state

or any governmental agency, shall, as a condition of their employment, take and subscribe to

the oath or affirmation required of members of the legislature and other public officers by

Const 1963, Art XI, §1, which says:

“All officers, legislative, executive and judicial, before entering upon the duties of their

respective offices, shall take and subscribe the following oath or affirmation: I do solemnly

swear (or affirm) that I will support the Constitution of the United States and the constitution

of this state, and that I will faithfully discharge the duties of the office according to the best of

my ability. No other oath, affirmation, or any religious test shall be required as a qualification

for any office or public trust.”

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5-05 Ethics

Code of Judicial Conduct – Application to Judges and Staff

Judges and court staff should respect and observe the law and should conduct themselves at all

times in a manner that promotes public confidence in the integrity and impartiality of the

judicial system. They should not allow family, social, or other relationships to influence their

conduct or judgment as they carry out official duties. These general principles are based on

Canon 2 of the Code of Judicial Conduct. The code can be used as a general guide for ethical

conduct.

Rules of Professional Conduct

Beyond the provisions of the Code of Judicial Conduct, judges and court staff who are

members of the State Bar of Michigan are also subject to the requirements of the Rules of

Professional Conduct.

Adopting a Code of Conduct

A court may wish to consider adopting a code of conduct that specifies staff conform to ethical

standards and avoid conflict of interest or the appearance of conflict of interest. See the Model

Code of Conduct for Michigan Trial Court Employees developed by the Michigan Judicial

Institute. As with any other personnel rule or contract provision, the trial court should consult

with counsel specializing in labor law and the human resources department when developing

and applying these rules.

Model Code of Conduct for Juvenile Probation Officers

Because of the unique relationship that juvenile probation officers have with their probationers

and families, a Model Code of Conduct for Juvenile Probation Officers has been developed by

the State Court Administrative Office. The code of conduct includes guidelines that clarify the

canons in the code.

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5-06 Absences From the Court

Authority

The chief judge has the authority and responsibility to coordinate judicial staff absences.

MCR 8.110(C)(3)(e).

Judicial Absences

Vacation Standard

A judge is expected to take an annual vacation leave of 20 days with the approval of the

chief judge to ensure docket coordination and coverage. A judge may take an additional 10

days of annual vacation leave with the approval of the chief judge. A maximum of 30 days

of annual vacation unused due to workload constraints may be carried from one calendar

year into the first quarter of the next calendar year and used during that quarter, if approved

by the chief judge. Vacation days do not include attendance at Michigan judicial

conferences; attendance, with the chief judge’s approval, at educational meetings or

seminars; attendance, with the chief judge’s approval, at meetings of judicial committees

or committees substantially related to judicial administration of justice; absence due to

illness; or administrative leave with the chief judge’s approval. MCR 8.110(D)(3).

Judicial Education Leave Standard

A judge is expected to take judicial education leave of 2 weeks every 3 years to participate

in continuing legal education and training at Michigan judicial training programs and

nationally recognized judicial education programs, including graduate and refresher

courses. Judicial education leave does not include judicial conferences for which

attendance is required. The use of judicial education leave approved by the chief judge does

not affect a judge’s annual leave. MCR 8.110(D)(4).

Judicial Professional Leave Standard

Judges are encouraged, as part of their regular judicial responsibilities, to take part in

professional meetings and conferences that advance the administration of justice or the

public’s understanding of the judicial system; to serve on commissions and committees of

state and national organizations that contribute to the improvement of the law or that

advance the interests of the judicial system; and to serve on Supreme Court-appointed or

in-house assignments or committees. Use of judicial professional leave approved by the

chief judge does not affect a judge’s annual leave or education leave. MCR 8.110(D)(5).

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Approval of Judicial Absences

A judge may not be absent from the court without the chief judge’s prior approval, except

for personal illness. In making the decision on a request to approve a vacation or other

absence, the chief judge shall consider, among other factors, the pending caseload of the

judge involved. The chief judge shall withhold approval of vacation, judicial education, or

judicial professional leave that conforms to these standards only if withholding approval is

necessary to ensure the orderly conduct of judicial business. The chief judge shall maintain

records of absences to be available at the request of the Supreme Court. MCR 8.110(D)(6).

Trial court judges are required to submit their annual judicial absence reports to their chief

judge. See the Annual Judicial Absence Report (form SCAO 25a). Completed reports are

to be submitted by the chief judge to the respective regional office.

Court Holidays

Michigan has a Legal Holidays Act, which designates the holidays to be observed in the

holding of court and the continuance of suits. After setting forth the holidays, the act provides:

“This act shall not prevent or invalidate the entry, issuance, service, or execution of a writ,

summons, or confession of judgment, or other legal process, the holding of court….” MCL

435.101. Because holidays are a negotiable item between employer and employee and because

the Legal Holidays Act allows courts to conduct business on legal holidays, many trial courts

have established a holiday schedule that varies from the Legal Holidays Act.

Courts are encouraged to adopt an administrative order, if appropriate, to accommodate or

achieve uniformity with the holiday practices of local government units regarding local public

employees. The court rule addresses a practical reality: it is easier for the local government

unit operating a public building and for the public using government services if a public

building is either open or closed for all services provided within the building. MCR

8.110(D)(2)(c).

The chief judge rule provides a list of holidays to be observed by all state courts except those

that have adopted a holiday schedule by administrative order. This holiday schedule is

consistent with the holiday schedule adopted by the state. MCR 8.110(D)(2). A judge may

continue a trial in progress or dispose of judicial matters on any of the listed holidays if he or

she finds it necessary. MCR 8.110(D)(2)(d). Any action taken by a court on February 12,

Lincoln’s birthday or on the second Monday in October (Columbus Day) shall be valid. MCR

8.110(D)(2)(e).

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5-07 Liability Protection for the Court

Performance Bond Requirements

The clerk of the court, probate register, district court magistrate, friend of the court, and the

district court process servers must post a performance bond as required by statute and court

rule. See the Trial Court Performance Bond Requirements chart.

All clerks, deputy clerks, magistrates, and official process servers of the district court must file

with the chief judge a bond approved by the chief judge in a penal sum determined by the state

court administrator, conditioned that the officer will (1) perform the duties as clerk, deputy

clerk, magistrate, or process server of that court; and (2) account for and pay over all money

which may be received by the officer to the person or persons lawfully entitled. The bonds

must be in favor of the court and the state. MCR 8.204.

As determined by the county board of commissioners, the county clerk either shall be covered

by a blanket bond or shall give a bond to the people of the state, in the penal sum of $2,000, to

be approved by the circuit judge, for the faithful discharge of the duties of the county clerk’s

office. MCL 50.61.

The circuit judge in his discretion may require the court clerk to file a bond with the county

treasurer conditioned that said clerk shall, in all respects comply with the requirements of law

and the court rules in the handling and management of such funds, and to faithfully account

for the same. MCL 600.572(b).

The probate register shall give bond to the probate judge or chief judge in the penal sum of

$1,000 to be approved by that judge and filed in the office of the county clerk of the county.

MCL 600.833(1).

District court magistrates shall file a bond with the treasurer of a district funding unit of that

district in an amount determined by the state court administrator. The bond shall also apply to

temporary service in another county under subsection (2), (3), or (4), or pursuant to a multiple

district plan under subsection (5). MCL 600.8507(1).

Friend of the court surety or performance bond requirements are covered in the Code of Federal

Regulations. The Michigan Department of Health and Human Services, Bureau of Individual

and Family Services, must use written procedures for compliance with 45 CFR 302.19. These

procedures contain regulations requiring that every person who has access to child support

collections be covered by a bond against loss resulting from employee dishonesty. This

provision applies to state and local IV-D agency employees. Individual counties can have self-

bonding/insuring provisions. See also Section 5-11. 45 CFR 302.19.

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Legal Representation

Potential claims and liability for judges and court employees is an important consideration of

the chief judge and court administrator. In anticipation of potential claims, an investigation

should be conducted about obtaining attorney representation and indemnification or insurance

coverage for liability protection of judges and court employees. If a claim arises, there are two

important considerations: attorney representation and liability coverage by way of insurance

or indemnification.

For liability protection associated with and details about the risks involved in using community

service or work programs as part of court sanctions, see Section 8-09.

Authority

Since October 1, 1984, the Michigan attorney general has been required to defend judges

of all state courts in certain situations. This obligation first appeared in the General

Government Appropriations Act for Fiscal year 1984-85. 1984 PA 222, §27 and continues

to appear in the General Government Appropriations Act each fiscal year and provides that

the attorney general shall defend judges of all state courts whenever a claim is made or a

civil action is commenced for injuries to persons or property caused by the judge through

the performance of the judge’s duties while acting within the scope of his or her authority

as a judge. There are situations in which legal representation of judges, courts, and court

personnel may be sought but are outside the scope of the language in these public acts.

Who May Represent

Courts and judges may be provided legal representation by the attorney general. If court

employees are codefendants in actions against courts or judges, they may receive

representation from the attorney general as well, at the request of the state court

administrator. Courts, judges, or court employees may also be represented by a prosecuting

attorney, an attorney employed by the court’s funding unit, or a judicial assistant. OAG

1979-1980, No 5572, p 421, 423 (October 4, 1979); MCL 49.71-49.73, MCL 49.153,

MCL 600.1481, MCL 691.1408.

Scope of Representation

The obligation of the attorney general to defend courts and judges of all state courts is

administered through the State Court Administrative Office Guidelines for Securing

Attorney General Representation for Courts (dated September 2011). SCAO ADM Memo

2011-05, Securing Attorney General Representation for Courts.

A judge or court may request and will receive representation by the attorney general in

civil actions requesting monetary damages based on actions by the judge in his or her

judicial or administrative capacity. Exempted are civil actions brought by a local

government agency, mandamus, superintending control actions, and disciplinary

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proceedings. The mechanics by which requests for representation are made are also set

forth in these guidelines.

Procedure for Providing Representation

Determination of Insurance Coverage or Other Means for Addressing

Representation

A determination should be made as to whether there is any insurance coverage for a

judge or court employee. If a judge or court employee has obtained insurance, legal

representation is generally part of the coverage.

Selection of an attorney is governed by the insurance policy terms. A determination

should also be made as to whether there is representation for judges and/or court

employees in employee handbooks, collective bargaining agreements, resolutions, or

other official action of local funding units.

Attorney General

In the event a court or judge is a defendant or respondent in a matter covered by the

SCAO Guidelines for Securing Attorney General Representation, a letter should be

sent immediately after service of the summons and complaint to the state court

administrator asking for attorney general representation. The original copy of the

summons and complaint should be included with the request, along with the date of

service and how service was made.

Insurance Coverage or Indemnification

Entitlement to Indemnification

Courts and judges receiving representation pursuant to the SCAO Guidelines for Securing

Attorney General Representation for Courts are not entitled to indemnification from the

state. Payment of any settlement or judgment is not the responsibility of the state of

Michigan or any of its agencies or boards. Payment is the responsibility of the court’s local

funding unit. MCL 600.591(12), MCL 600.837(11), MCL 600.8271(17); Cameron v

Monroe County Probate Court, 457 Mich 423 (1998).

Cameron v Monroe County Probate Court was called into question by Dolan v City of Ann

Arbor and Fifteenth District Court, 666 F Supp 2d 754 (2009), which further states that

courts should consider the following factors in determining whether an entity is an arm of

the state, and thus entitled to sovereign immunity: 1) whether the state would be responsible

for a judgment against the entity in question; 2) how state law defines the entity; 3) what

degree of control the state maintains over the entity; and 4) the source of the entity’s

funding. Id.

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Indemnification Through Other Means

A determination should also be made as to whether there is indemnification for judges

and/or court employees in employer/employee handbooks, collective bargaining

agreements, resolutions, or other official action of local funding units.

Representation/Indemnification Authorized; Not Required

State law authorizes, but does not require, a government agency to pay for, engage, or

furnish an attorney for an officer or employee sued for injuries to persons or property

caused by negligence while acting in the course of employment and scope of authority. The

government agency may, but is not required to, indemnify its officers or employees. MCL

691.1408.

Liability Insurance

If a court or judge has obtained judicial liability insurance, then the damages, interest, costs,

and taxable fees may be payable to the extent of the coverage.

Insurance for Community Service or Work Programs

Community service and work programs have liability concerns that are not generally present

in the judiciary, including the possibility of injury to a person who is working on a job site and

injuries and damages that person may cause to people or property while engaged in the

community service or work program. Courts can reduce their potential exposure by: 1) not

determining the agencies for which the person works, 2) monitoring rather than overseeing the

person’s work, and 3) ensuring that fees cover the cost of the program and do not result in a

surplus.

Courts that run a community service or work program should consult with their insurance

carriers and should include in their programs only those activities that are approved by their

carriers.

For further details, see Section 8-09.

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5-08 Trial Court Administrator

Authority

Authority for establishing the position of trial court administrator is provided by MCR

8.110(C)(6), which states that a chief judge may delegate administrative duties to a trial court

administrator or others.

Duties and Functions

The trial court administrator performs administrative duties delegated by the chief judge. The

National Association for Court Management has identified ten core competencies in which

court managers should have acceptable knowledge, skills, and abilities. They are:

Purposes and responsibilities of courts.

Caseflow management.

Leadership.

Visioning and strategic planning.

Essential components.

Court-community communication.

Resources, budget, and finance.

Human resources management.

Education, training, and development.

10.

Information technology management.

A trial court administrator relieves the time demands on the chief judge for administrative

matters and brings professional management knowledge and experience to the court. A court

administrator should, at the direction of the chief judge, administer all nonjudicial functions of

a trial court. These functions include, but are not limited to: human resources, facility

management, technology management, case flow management, collections, jury management,

budget and finance, trial court performance, court-community liaison, and records

management. The trial court administrator also serves as a liaison between the court and the

State Court Administrative Office (SCAO) and various criminal justice agencies. See also

Sections 1-06 and 1-07.

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5-09 Circuit Court Clerk (County Clerk)

Authority

The county clerk has the constitutional responsibility to be the clerk of the circuit court in

every county organized for judicial purposes except those counties in which a county

charter provides otherwise. Const 1963, Art 6, §14.

The county clerk of each county shall be the clerk of the circuit court for the county. MCL

600.571(a).

Appointment of Deputy Circuit Court Clerk (Deputy County Clerk)

Each county clerk shall appoint one or more deputies, to be approved by the circuit judge,

one of whom shall be designated in the appointment as the successor of the clerk in the

case of vacancy for any cause and may revoke the appointment at his or her pleasure. The

appointment and revocation shall be in writing and filed in the office of the county

treasurer. The deputy(ies) may perform the duties of the county clerk. MCL 50.63.

The county clerk shall appoint, in counties with more than one circuit judge or having more

than 100,000 population but less than 1,000,000, a deputy for each judge, approved by the

judge, to attend court sessions. MCL 600.571(c).

In counties having a population of more than 1,000,000, the county clerk shall appoint a

chief deputy. MCL 600.579(1). Other special provisions apply as well. MCL 600.579.

Bonding of County Clerk

As determined by the county board of commissioners, the county clerk either shall be

covered by a blanket bond or shall give a bond to the people of the state, in the penal sum

of $2,000, to be approved by the circuit judge, for the faithful discharge of the duties of the

county clerk’s office. See also Section 5-07. MCL 50.61.

The substance of an individual bond for the county clerk is specified in MCL 50.62.

The circuit judge may, at his or her discretion, require the county clerk to file a bond with

the county treasurer conditioned that the clerk shall, in all respects, comply with the

requirements of law and the court rules in the handling and management of funds deposited

with the court pursuant to court order. MCL 600.572.

Filling Vacancy in County Clerk’s Office

The judge of the circuit court may fill a vacancy in the office of county clerk. See also

Section 1-12. Const 1963, Art 6 §14, MCL 168.209.

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Duties and Responsibilities

Attend Sessions of Courts MCL 600.571(b).

Maintain Office Hours

The office of the circuit court clerk must be open, and the clerk or deputy clerk must be in

attendance during business hours and at other times that the court is in session. MCR

8.105(A). The hours of the court are determined by the administrative order issued by the

chief judge. MCR 8.110(D)(1).

Record Maintenance

In maintaining case files, indexes, and other records and permitting access to records, the

clerk of the court shall comply with the records standards prescribed by statute, court rule,

and as otherwise prescribed by the Michigan Supreme Court. MCR 8.119; Michigan Trial

Court Records Management Standards. See also Section 4-02.

Ministerial Duties

“Beyond having the care and custody of the court’s records, the circuit court clerk is also

to perform noncustodial ministerial duties as directed by the court. The determination of

the precise noncustodial ministerial duties that are to be performed by the clerk, including

their existence, scope, and form, is a matter of court administration and is therefore

reserved exclusively for the judiciary under Const 1963, Art 3, §2, Const 1963, Art 61, and

Const 1963, Art 6, §5. This judicial authority includes the discretion to create, abrogate,

and divide between the clerk and other staff, noncustodial ministerial functions concerning

court administration.” Lapeer County Clerk v Lapeer Circuit Court, 469 Mich 146 (2003).

It should be noted that “[t]he Supreme Court typically discerns the common understanding

of constitutional text by applying each term’s plain meaning at the time of ratification.

National Pride at Work, Inc. v Governor of Michigan and City of Kalamazoo, 481 Mich

56 (2008).

Money Paid Into Court

The clerk is responsible to receive, deposit, disburse and keep records of money paid into

court. See also Section 6-05. MCL 50.101 et seq.; MCL 600.572 et seq.; MCR 8.106.

Maintain Records of Court Reporter/Recorder

All records as defined in MCR 8.119(F) and regardless of format, that are created and kept

by the court reporter or recorder belong to the court, must remain in the physical possession

of the court, and are subject to access in accordance with MCR 8.119(H). If the court

reporter or recorder needs access to the records for purposes of transcribing off-site, the

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reporter or recorder may take only a reproduction of the original recording, which must be

returned to the court upon filing of the transcript. See also Section 4-02. MCR 8.108(D).

Jury System

The county clerk must perform certain duties for the jury system. See also Section 3-05.

Preparing Documents

Unless specifically required by statute or court rule, it is recommended that court clerks

not prepare pleadings, subpoenas, and similar documents for any party. This practice will

ensure that the court remains a neutral party. For specific guidance in this area, see the Self-

Represented Litigants webpage.

Reports to the SCAO and Local and State Agencies

The county clerk must submit reports about the court’s business to the SCAO and to local

and state government entities. See the list of reporting requirements. For details, see

Sections 3-07, 3-08, and 6-05. MCR 8.119(L).

10.

Admission of Person to Bar

The clerk of the Supreme Court and of each circuit court shall, when a person is admitted

to the bar by that court, administer to the person the oath prescribed by the Supreme Court

for members of the bar, and upon payment of the sum of $25 issue to that person a

certificate of admission, and keep a record of the admission in the roll of attorneys and the

journal of the court, and transmit promptly to the clerk of the Supreme Court and to the

State Bar of Michigan, without charge, certified copies of the orders of admission. When a

member of the bar is suspended or disbarred, or is held in contempt, and when a person is

reinstated as a member of the bar, the clerk of the court so doing shall transmit to the clerk

of the Supreme Court and to the State Bar of Michigan without charge certified copies of

those orders. MCL 600.913.

11.

Other

Provide assistance to pro se litigants as required by statute. MCL 600.2950b.

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5-10 Circuit Court Probation/Parole

Probation

Appointment of Officers

The Michigan Department of Corrections, which is administered by the Michigan

Corrections Commission of which six members are appointed by the governor, shall

appoint, supervise and remove probation officers for the circuit court in a manner provided

by the laws of the state of Michigan. MCL 791.201, MCL 791.222.

Establishment, Supervision, and Regulation of Bureau

Within the Michigan Department of Corrections a department or bureau of probation is

established. This bureau is under the direction and supervision of the assistant director in

charge of probation. MCL 791.221. The assistant director in charge of probation shall be

administrative head of the bureau of probation subject to the authority and supervision of

the department of corrections, and the commission. MCL 791.223.

The assistant director shall endeavor to unify probation procedures throughout the state and

shall regulate the procedure for the administration of probation including investigation,

supervision, casework, record keeping, and accounting. MCL 791.223.

Duties of Officer

A circuit court probation officer, under the general direction of a supervisor and under the

auspices of the circuit court judge or judges, shall conduct investigations and prepare

informational reports to assist the court in determining appropriate sentences of individuals

brought before the court. A circuit court probation officer shall supervise the probationer

during his or her term of probation and may recommend relevant programs for

rehabilitation.

Facilities

Counties are responsible for rent, contractual services, supplies, materials, and equipment

costs supporting probation officers and personnel in the county, including any increases in

such costs arising from an increase in probation services staffing. MCL 791.223a; OAG

1987-1988, No 6448 (June 29, 1987).

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Parole

Definition

Parole is the act of releasing or the status of being released from a state penal institution in

which a convicted felon has served a part of a maximum sentence, on condition of

maintaining good behavior and remaining in the custody of a state agency until a final

discharge is granted.

Establishment, Supervision, and Regulation of Bureau

There is established within the Michigan Department of Corrections a bureau of field

services under the direction and supervision of a deputy director in charge of field services,

who shall be appointed by the director and who shall be within the state civil service. The

deputy director shall direct and supervise the work of the bureau of field services and shall

formulate methods of investigation and supervision and develop various processes in the

technique of supervision by the parole staff. The deputy director is responsible for all

investigations of persons eligible for release from state penal institutions, and for the

general supervision of persons released from penal institutions. MCL 791.231.

Duties of Officer

A parole officer, under the general direction of the district supervisor of each parole district,

shall supervise the parolee during his or her term of parole. A parole officer may offer

guidance and assistance to the offender and may recommend relevant programs for

rehabilitation. See also MCL 791.231 – 791.245.

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Function

5-11 Friend of the Court Office

The friend of the court office is an administrative arm of the circuit court and performs its

duties under the direction and supervision of the chief judge. See Section 1-08.

The office is generally responsible for the ongoing review and supervision of orders relating

to children involved in domestic relations cases heard by the family division of the circuit

court. The office neutrally investigates and furnishes the court with accurate information in

reports and recommendations related to custody, parenting time, and support, without

advocating for any party, and facilitates the entry and maintenance of appropriate orders. The

office also upholds the authority and integrity of the court by impartially assuring compliance

with lawful orders and, as permitted by law, objectively enforcing court-ordered custody,

parenting time, and support provisions. The office also assists the court in attempting to resolve

complaints and disagreements through dispute resolution services.

The office and facilities of the friend of the court shall provide assistance to the family division

of circuit court in accordance with the court’s jurisdiction. MCL 600.1043.

The friend of the court office also has an obligation to the Michigan Department of Health and

Human Services through its Cooperative Reimbursement Program (CRP), an agreement

between the two offices to perform federally mandated child support services. Reimbursement

for these services is discussed in Section 6-09. MCL 400.233(o), MCL 552.519(3)(n).

Authority

The friend of the court office was created by the Legislature in 1919. The enabling statutes

were substantially amended by 294, PA 1982. The principal statutes that outline the office’s

duties are the Friend of the Court Act, MCL 552.501 et seq., and the Support and Parenting

Time Enforcement Act, MCL 552.601 et seq.

Each friend of the court shall take all necessary steps to adopt office procedures to implement

the Friend of the Court Act, the Michigan Court Rules, and the recommendations of the Friend

of the Court Bureau. Office of the friend of the court duties shall be performed in accordance

with the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101 to 37.2804.

MCL 552.503(7).

Other statutes that relate to friend of the court office activities include:

• Child Custody Act of 1970. MCL 722.21 et seq.

• Divorce Act. MCL 552.1 et seq.

• Family Support Act. MCL 552.451 et seq.

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• Interstate Income Withholding Act. MCL 552.671 et seq.

• Paternity Act. MCL 722.711 et seq.

• Payments of Support or Maintenance Collected by Friend of the Court or State

Disbursement Unit. MCL 600.2538.

• Revised Uniform Reciprocal Enforcement of Support Act. MCL 780.151 et seq.

• Revocation of Paternity Act. MCL 722.1431 et seq.

• Status of Minors and Child Support Act. MCL 722.1 et seq.

• Uniform Child Custody Jurisdiction and Enforcement Act. MCL 722.1101 et seq.

• Uniform Interstate Family Support Act (UIFSA). MCL 552.2101 et seq.

Legal Assistance for the Friend of the Court Office

Where neither the friend of the court nor any member of the staff is an attorney, the chief judge

may appoint an attorney who is a member of the State Bar of Michigan to assist the friend of

the court when legal assistance is needed in order to carry out the office’s statutory duties.

MCL 552.522.

Surety or Performance Bond Requirements

The friend of the court surety or performance bond requirements are covered in the Code of

Federal Regulations. The Michigan Department of Health and Human Services Office of Child

Support must have and use written procedures for compliance with 45 CFR 302.19. Within

these procedures are regulations requiring that every person who has access to child- support

collections is covered by a bond against loss resulting from employee dishonesty. This

provision applies to state and local IV-D agency employees. Individual counties can have self-

bonding/insuring provisions. See also Section 5-07, 45 CFR 302.19.

The court should work with the local funding unit to determine the risk of loss that the local

funding unit is willing to accept, and should maintain staff bonds accordingly. Those staff

members who are covered and the applicable amounts should be verified annually to assure

that adequate bonds are being maintained for all relevant staff.

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Duties and Responsibilities of the Friend of the Court Office

The duties and responsibilities of the friend of the court office are detailed in the Friend of the

Court Act, MCL 552.501 et seq., the Support and Parenting Time Enforcement Act, MCL

552.601 et seq., the Michigan Court Rules, and other statutes cited above.

Friend of the court offices must maintain an open case and provide services on domestic

relations cases in which the parties have not opted out of friend of the court services. MCL

552.505a(1),(2). Except as otherwise required by federal law on cases that are eligible for

funding under title IV-D, the friend of the court is only required to perform activities under the

Friend of the Court Act or the Support and Parenting Time Enforcement Act when a party in

that case has requested title IV-D services. MCL 552.503(6).

The following are the primary duties and responsibilities for friend of the court cases.

Enforcing Orders

The friend of the court must enforce all orders regarding custody, parenting time, and

support pursuant to the Friend of the Court Act, the Support and Parenting Time

Enforcement Act, and the Michigan Court Rules. The office is responsible for initiating

proceedings to enforce an order or judgment for support, parenting time, or custody. MCR

3.208.

The friend of the court office must initiate enforcement when arrearage is an amount equal

to support payable for one month under the support order (except for ex parte orders where

the office has not received a proof of service), a parent fails to maintain court-ordered

health insurance coverage, or someone who is legally responsible incurs uninsured medical

expenses. MCL 552.511(1).

The friend of the court must take the necessary steps to enforce child-support orders in

accordance with the Uniform Interstate Family Support Act (UIFSA). MCL

552.1101 et seq. This may involve assisting with the registration of support orders in other

states or assisting in registering and enforcing other states’ child-support orders in

Michigan.

The office must initiate enforcement upon receipt of a written complaint stating specific

facts alleged to constitute a violation of a custody or parenting-time order if the office

determines there is reason to believe a violation has occurred. Within 14 days after

receiving such a complaint, the office must send a copy of the complaint to the individual

accused of interfering and other parties. If the facts allege a violation that can be addressed

by taking action under MCL 552.641, the office shall initiate action. MCL 552.511b.

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Performing Investigations and Support Reviews

When ordered by the court, the friend of the court must conduct a custody, support, or

parenting-time investigation. After the investigation, the friend of the court must provide a

written report and recommendation to the court, the parties, and their attorneys. MCL

552.505(1)(g),(h).

The friend of the court may charge parties for conducting a custody or parenting-time

investigation if the investigation was requested by a party. Fees charged for the

investigation must be pursuant to SCAO standards. MCL 552.505(3). See Model LAO 34.

The friend of the court must review support orders in public assistance cases or medical

assistance cases once every 36 months. Additionally, the friend of the court must conduct

a support review upon the request of a party, if the office has not conducted a review based

on that party’s request within the last 36 months, if the office has reasonable grounds to

believe the amount of child support should be modified, or if a party presents evidence of

a change in financial condition. If any of these types of review determines that support

should be modified, the friend of the court must petition the court for the appropriate

modification. MCL 552.517.

In cases involving parties in other states or other states’ orders, the friend of the court must

take the necessary steps to modify child-support cases consistent with the Uniform

Interstate Family Support Act. MCL 552.2101 et seq. This may involve assisting with the

registration of Michigan support orders in other states and assisting in enforcing and

reviewing other states’ child-support orders registered in Michigan. If Michigan is the

initiating state in an interstate friend of the court case involving child support, the office

shall determine whether a review of a support order in another state is appropriate in

accordance with MCL 552.517 and is appropriate based upon the residence and jurisdiction

of the parties. MCL 552.517c.

When recommending an amount of support, the friend of the court must use the Michigan

Child Support Formula.

Nontraditional Office Hours

The friend of the court office shall be open to the public and shall make available all of the

office’s services not less than 20 hours each month during nontraditional office hours.

MCL 552.503(8).

Providing Information to Parties

The friend of the court office must provide certain information to parties. MCL 552.505.

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Opting Out

Parties must be informed that, unless one of the parties is required to participate in the

title IV-D child-support program, they may choose not to have the office of the friend

of the court administer and enforce obligations that may be imposed in the domestic

relations matter. MCL 552.505(1)(a).

Parties must be informed that, unless one of the parties is required to participate in the

title IV-D child-support program, they may direct the office of the friend of the court

to close the friend of the court case that was opened in their domestic relations matter.

MCL 552.505(1)(b).

Informational Pamphlet

An informational pamphlet shall be provided to the parties explaining the role and

functions of the office, the duties of the office, the rights and responsibilities of the

parties, the availability of and procedures used in domestic relations mediation, the

availability of human services in the community, the availability of joint custody, and

how to file a grievance regarding the friend of the court office. See also Section 8-03.

MCL 552.505(1)(c).

Alternative Dispute Resolution Services

The parties shall be informed of the availability of alternative dispute resolution

services to assist them in resolving custody and parenting-time disputes. MCL

552.505(1)(e).

Joint Custody

The parties shall be informed of the option for joint custody if there is a dispute

regarding custody. MCL 552.505(1)(f).

Forms

The friend of the court must make available forms for motions, responses, and orders

for use by parties without the assistance of legal counsel to request the court to modify

child support, custody, or parenting-time orders (including a change of domicile or

residence), and to request a payment plan to discharge or abate arrears. MCL

552.505(1)(d).

Annual Statement

Upon request, the friend of the court office must provide each party, without charge,

an annual statement of account. The office may charge a reasonable fee for additionally

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requested statements of account. These statements are in addition to statements

provided for administrative and judicial hearings. MCL 552.509(3).

Providing Alternative Dispute Resolution Services

In a friend of the court case, the office shall provide, either directly or by contract,

alternative dispute resolution to assist the parties in settling voluntarily a dispute

concerning child custody or parenting time. The alternative dispute resolution shall be

provided according to a plan approved by the chief judge and the State Court

Administrative Office (SCAO). The plan adopted shall include a screening process for

domestic violence, the existence of a protection order between the parties, child abuse or

neglect, and other safety concerns, and the plan shall provide a method to address those

concerns. The plan shall be consistent with standards established by the SCAO and shall

include minimum qualifications and training requirements for alternative dispute resolution

and domestic relations mediation providers and designation of matters that are subject to

alternative dispute resolution by various means. A party may be required by court order to

meet with a person conducting alternative dispute resolution. MCL 552.513(1).

An employee of the office or other person who provides domestic relations mediation

services under a plan approved under MCL 552.513(1) shall have all of the following

qualifications: (a) Possess knowledge of the court system of this state and the procedures

used in domestic relations matters. (b) Possess knowledge of other resources in the

community to which the parties to a domestic relations matter can be referred for

assistance. (c) Other qualifications as prescribed by the State Court Administrative Office

under the supervision and direction of the Supreme Court. (d) Other qualifications as

prescribed by the chief judge of the circuit court. MCL 552.513(4). Employees of the office

who conduct any other form of alternative dispute resolution shall have the qualifications

to conduct a joint meeting as described in MCL 552.642a. MCL 552.513(5). See also

Section 5-04.

If an agreement is reached by the parties through friend of the court alternative dispute

resolution, a consent order incorporating the agreement shall be prepared by an employee

of the office or individual approved by the court using a form provided by the SCAO, under

the supervision and direction of the Supreme Court, or approved by the chief judge. The

consent order shall be provided to, and shall be entered by, the court.

Each alternative dispute resolution plan prepared according to subsection (1) shall include

an option for domestic relations mediation.

An employee of the office who provides domestic relations mediation in a friend of the

court case involving a particular party shall not perform referee functions, investigation

and recommendation functions, or enforcement functions as to any domestic relations

matter involving that party. MCL 552.515.

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If a written objection to an ex parte parenting time order is filed within 14 days of the order,

the friend of the court office must attempt to resolve the dispute within 14 days of the

objection. If the friend of the court office is unable to resolve the dispute, it must provide

the requesting party with form pleadings and written instructions, and must schedule a

hearing with the court. MCL 722.27a(12); MCR 3.207(B)(5).

Handling Support Payments

The State Disbursement Unit (SDU) or friend of the court shall receive, record, and

disburse all payments of support and service fees. MCL 552.509(1),(2). Any support or fee

payments received by the friend of the court shall be recorded in the Michigan Child

Support Enforcement System (MiCSES) and sent to the SDU for disbursement not less

than once each month.

Makeup Parenting-Time Policy

Each circuit court shall establish a makeup parenting-time policy pursuant to which a

parent who has been wrongfully denied parenting time is able to make up the parenting

time at a later date. The policy does not apply until it is approved by the chief circuit judge.

MCL 552.642(1).

Courts may refer parenting-time disputes to local community dispute resolution program

centers for mediation through local administrative order. Before implementing a local

administrative order for this program, contact the community dispute resolution program

center. Direct questions can also be referred to the Office of Dispute Resolution. See Model

LAO 49.

Domestic Relations Referees

The chief judge may name persons to serve as domestic relations referees. The chief judge may

designate an employee of the office of the friend of the court who is a member of the State Bar

of Michigan to be the referee. If no employee of the office is a lawyer, the chief judge may

designate a member of the State Bar of Michigan. MCL 552.507; MCR 3.215(A); Michigan

Supreme Court Administrative Order 2009-06. See Model LAO 31 for appointing a domestic

relations referee. The referee must keep contact information up-to-date with the SCAO on a

form provided for that purpose.

The domestic relations referee shall conduct hearings on those matters referred by the court

and recommend an order on those issues. In many instances, the court has designated the types

of cases which are automatically referred to the referee. In other courts, referral is made on a

case-by-case basis. An employee of the office who provides domestic relations mediation in a

friend of the court case involving a particular party shall not perform referee functions as to

any domestic relations matter involving that party. MCL 552.515.

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As a judicial officer, domestic relations referees are subject to the Michigan Code of Judicial

Conduct, including filing financial reports pursuant to Canon 6C and 5C(4)(c). MCR 9.201(B).

They are required to annually submit a financial report form (SCAO 17) to the SCAO with a

copy to the chief judge of the court in which the referee serves. See SCAO memorandum on

“Magistrate and Referee Financial Reporting.”

Annual Review of Friend of the Court Office

The chief judge conducts the annual review of the friend of the court office’s performance and

submits a report to the State Court Administrative Office using SCAO-approved form FOC

17, Friend of the Court Annual Statutory Review. Notice of the review shall be given to allow

for public comment. MCL 552.524.

Grievances Against Friend of the Court

A party to a friend of the court case may file a written grievance with the friend of the court

office. The friend of the court office will investigate grievances and respond within 30 days

or issue a statement to the party filing the grievance stating the reason a response is not

possible within that time. MCL 552.526(1)(a).

A party to a friend of the court case may file a grievance with the chief judge if the party

is not satisfied with a friend of the court grievance response. The chief judge will

investigate grievances filed with his or her office and respond within 30 days or issue a

statement to the party filing the grievance stating the reason a response is not possible

within that time. MCL 552.526(1)(b).

The chief judge semiannually submits to the State Court Administrative Office a report of

the grievances filed and their disposition. See form SCAO 28. MCL 552.526(2).

A party to a domestic relations matter may file at any time a grievance concerning friend

of the court operations with the appropriate citizen advisory committee, which shall, at its

discretion, conduct a review. MCL 552.526(3).

If the county has established a citizen advisory committee in accordance with MCL

552.504, the friend of the court shall provide the friend of the court citizen advisory

committee grievance information. MCL 552.504b.

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5-12 District Court Clerk

Authority

In each county within a district of the first class, in each district of the second class, and in

each political subdivision where the court sits within a district of the third class, the district

judge or judges of the district shall appoint a clerk of the court. In districts of the first class, the

judge or judges may appoint the county clerk to act as clerk of the court. MCL 600.8281(1). See

Section 1-12, B.

Appointment of Deputy Clerks

The clerk of the court shall appoint deputy clerks of the court subject to the approval of the

judges. In the 36th District Court, the chief judge of the district shall appoint the clerk of the

court and deputy clerks. MCL 600.8281(2),(4).

Term of Office

The clerk of the court, including a county clerk to the extent he or she is serving as clerk of the

court, shall serve at the pleasure of the district judge or judges of the district. MCL 600.8281(3).

Bonding of Clerk

All clerks, deputy clerks, magistrates, and official process servers of the district court must file

with the chief judge a bond approved by the chief judge in a penal sum determined by the state

court administrator, conditioned that the officer will:

perform the duties as clerk, deputy clerk, magistrate, or process server of that court, and

account for and pay over all money which may be received by the officer to the person or

persons lawfully entitled.

The bond must be in favor of the court and the state. MCR 8.204. See also Section 5-07.

Duties and Responsibilities

General Duties

Maintain Office Hours

The office of the clerk must be open and the clerk or deputy clerk must be in attendance

during business hours. MCR 8.105(A). Hours of the court are determined by

administrative order issued by the chief judge. MCR 8.110(D)(1).

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Record Maintenance

In maintaining case files, indexes, and other records and permitting access to records,

the clerk of the court shall comply with the standards prescribed by statute, court rule,

and as otherwise prescribed by the Michigan Supreme Court. MCR 8.119; Michigan

Trial Court Records Management Standards. See also Section 4-02.

Money Paid Into Court

The clerk is responsible for handling money paid into court, including deposit of

money, recordkeeping, and disbursement. See also Section 6-05. MCR 8.106.

Maintaining Records of Court Reporter/Recorder

All records, as defined in MCR 8.119(F) and regardless of format, that are created and

kept by the court reporter or recorder belong to the court, must remain in the physical

possession of the court, and are subject to access in accordance with MCR 8.119(H). If

the court reporter or recorder needs access to the records for purposes of transcribing

off-site, the reporter or recorder may take only a reproduction of the original recording,

which must be returned to the court upon filing of the transcript. See also Section 4-02.

MCR 8.108(D).

Jury System

The district court clerk must perform certain duties for the jury system. See also Section

3-05.

Preparing Documents

Unless specifically required by statute or court rule, and for assistance completing

requests for accommodations under the Americans with Disabilities Act, it is

recommended that court clerks not prepare pleadings, complaints, subpoenas, or any

other document for any plaintiff including the prosecutor. This practice will ensure that

the court remains a neutral party.

Reports to the SCAO and to Local and State Agencies

The clerk must submit reports about the court’s business to the State Court

Administrative Office and to local and state government entities. MCR 8.119(L). See

the list of reporting requirements. For details, see Sections 3-07, 3-08, and 6-05.

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Allocations of Costs in Third-Class Districts

In third-class districts, the clerk of the court shall collect data regarding the number of cases

and the costs of operating the court, determine the proper share of costs to be borne by each

political subdivision, and certify those figures to the treasurers of the political subdivisions.

MCR 8.201(A).

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5-13 District Court Probation

Establishment of Probation Department

In each district of the district court in the state of Michigan, the judge or judges of that district

may establish a probation department within a district control unit. The necessary and

reasonable expense of a probation department shall be borne by the district control unit. MCL

600.8314.

Duties of Officer

A district court probation officer, under the general direction of the chief judge, judge, or court

administrator, conducts investigations and prepares informational reports in order to assist the

district court judge in determining appropriate sentences of individuals brought before the

court. The district court probation officer shall supervise the probationer during his or her term

of probation and may recommend relevant programs for rehabilitation.

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5-14 District Court Magistrate

Authority

The office of district court magistrate was created by the District Court Act, 1968 PA 154,

Chapter 85. In a county that elects by itself fewer than two district court judges, the county

board of commissioners shall provide for one district court magistrate. In all other counties in

districts of the first and second class, the county boards of commissioners shall provide for at

least one magistrate when recommended by the judges of the district court. Additional

magistrates may be provided by the board upon recommendation of the judges. All

appointments shall be subject to approval by the county board of commissioners before the

person assumes the office of magistrate. MCL 600.8501(1). See Section 1-12, B.

In each district of the third class, the judge or judges of the district may appoint one or more

district court magistrates. See Section 1-12, B. Before a person assumes the office of magistrate

in a district of the third class, the appointment of that person shall be subject to approval by the

governing body(ies) of the district control unit(s) that, individually or in the aggregate, contain

more than 50 percent of the population of the district. This section does not apply to the 36th

District Court. MCL 600.8501(2).

The 36th District Court shall have not more than six district court magistrates. The chief judge

of the 36th District may appoint one or more magistrates. If a vacancy occurs, the chief judge

may appoint a successor. MCL 600.8501(3).

Appointment of Magistrate

Before being appointed to the office of magistrate in a first- or second-class district, a person

must be a registered elector in the appointed county pursuant to MCL 600.8507(1). A person

being appointed to the office of magistrate in a third-class district must be a registered elector

in the appointed district pursuant to MCL 600.8501(2). Before assuming office, a person

appointed as a magistrate shall take the constitutional oath of office and file a bond with the

county treasurer in an amount determined by the state court administrator. MCL 600.8507(1);

MCR 8.204. The bond shall also apply to temporary service in another county pursuant to MCL

600.8507(2). See Section 5-07.

Michigan Supreme Court Administrative Order 2009-06 requires each court appointing a

district court magistrate to submit a local administrative order (LAO) to the SCAO that

identifies the magistrate and includes contact information and the scope of the authority of the

magistrate. See Section 5-02. For a non-attorney magistrate, see Model LAO 3a and Model

LAO 3b for an attorney magistrate. The district court magistrate must keep contact information

up-to-date on a form provided for that purpose.

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Appointment of Deputy Clerk as Magistrate

Subject to the provisions of MCL 600.8501, judges of the district court within a district of the

first or second class may appoint a clerk or deputy clerk as a magistrate to perform the duties

and exercise the powers of a magistrate in addition to his or her duties as clerk or deputy clerk

of the district court. MCL 600.8503.

Term of Office

All magistrates appointed shall serve at the pleasure of the judge(s) of the district court. MCL

600.8507(1).

Reporting Requirement

As a judicial officer, district court magistrates are subject to the Michigan Code of Judicial

Conduct, including filing financial reports pursuant to Canon 6C and 5C(4)(c). MCR 9.201(B).

They are required to annually submit a financial report form (SCAO 17) to the SCAO with a

copy to the chief judge of the court in which the magistrate serves. See SCAO memorandum

on “Magistrate and Referee Financial Reporting.”

Duties

Generally the duties of a magistrate include:

• conducting arraignments. MCL 600.8511, MCL 600.8513.

• issuing arrest and search warrants. MCL 600.8511.

• setting bail. MCL 600.8511, MCL 764.15b; MCR 3.708(C).

• presiding over civil infractions. MCL 600.8512, MCL 600.8512a.

• taking pleas and sentencing for specified misdemeanors and ordinance violations.

MCL 600.8511, MCL 600.8512.

• granting petitions for court-appointed attorneys in misdemeanor cases. MCL 600.8513.

• suspending payment of court fees by indigent parties pursuant to MCR 2.002,

MCL 600.8513.

• conducting probable cause conferences when authorized by the chief judge.

MCL 600.8511(h).

• issuing suppression orders for search warrant affidavits and tabulations.

MCL 780.651(9), MCL 780.655(2).

• signing nolle prosequis upon written authorization of the prosecuting official within

parameters. MCL 600.8513.

• trying small-claims cases (attorney magistrates only). MCL 600.8427, MCL 600.8514.

• presiding over dangerous animal proceedings. MCL 287.322.

• conducting marriage ceremonies and maintaining a book of marriages performed.

MCL 551.7, MCL 551.104.

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Magistrate Determinations Appealable

Every determination that a magistrate makes regarding responsibility is appealable to the

district court judge as a matter of right. MCR 4.401(D). Magistrates do not have the specific

authority to hold an individual in contempt including contempt within his or her presence.

A magistrate may schedule a show-cause hearing; however, the magistrate does not have

the authority to conduct a show-cause hearing or to issue a contempt order. A magistrate

does not have the authority to issue a bench warrant.

Other Miscellaneous Duties

The magistrate may provide nonlegal advice and assistance to the public and court staff.

The magistrate is routinely asked to resolve questions that frequently require discussion

with other authorities such as law enforcement, prosecuting officials, and judicial officers.

A magistrate may also perform the following duties or activities.

Collecting and recording payment for fines and costs. Except as provided in MCL

600.8535(2), district court magistrates shall pay all fines and costs received by them to

the clerk of the district court on or before the last day of the month following receipt of

those funds, which shall be allocated as provided in MCL 600.8379. MCL

600.8535(1). In the 36th District Court, each district court magistrate shall cause all

fines and costs received by the magistrate to be paid immediately to the clerk of the

district court for the 36th District. MCL 600.8535(2).

NOTE: While a magistrate may collect and record payment for fines and costs in courts

where there are limited human resources, it is highly discouraged if resources are

available. If a magistrate is collecting and recording payments, the magistrate must

follow the fiscal management guidelines for receipting and depositing money. See

Section 6-05.

Administering oaths and affirmations. MCL 600.8317.

Taking acknowledgments. MCL 600.8317.

For more information, see Chapter 85 of the Revised Judicature Act.

Immunity

A district court magistrate, for acts done within his or her jurisdiction as provided by law, shall

have judicial immunity to the extent accorded a district court judge. MCL 600.8513(3). See

Section 5-07.

For more information, see the Michigan Judicial Institute’s Traffic Benchbook – Fourth

Edition.

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5-15 Law Clerks for Circuit and District Court

Authority

Each circuit and district court may employ law clerks for the court and each judge of the court.

MCL 600.1471(1).

Requirement for Employment

A law clerk must be a resident of Michigan and either licensed to practice law in the state or a

graduate or student of a reputable and qualified law school. MCL 600.1471(2).

Compensation

The compensation of law clerks is determined by the county board of commissioners or by the

governing body of the district control unit. For specific details, see MCL 600.1471(3).

Period of Employment and Discharge

The period of employment for a law clerk is one year, subject to renewal for a similar period.

The court may discharge a law clerk at any time. MCL 600.1471(4).

Function

The function of a law clerk is to conduct legal research, prepare memoranda, and perform other

duties prescribed by the court under the direction of the judges of the court and pursuant to the

general supervisory control of the chief judge of the court. MCL 600.1471(5).

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5-16 Probate Register

References to the “clerk” in the Michigan Court Rules apply to the probate register.

Appointment

Probate Register

In each county the probate judge of the county or probate court district, or the chief probate

judge in a county having two or more probate judges, may appoint a probate register at a

reasonable salary fixed by the county board of commissioners. The probate register so

appointed shall take and subscribe to the oath of office prescribed by the Michigan

Constitution of 1963 and give bond to the probate judge or chief judge in the penal sum of

$1,000 to be approved by that judge, which bond and oath shall be filed in the office of the

county clerk of the county (see Section 5-07). The probate register shall hold office until

the appointment is terminated by the probate or chief judge. See also Section 1-12, C. MCL

600.833(1).

Deputy Probate Register

If a county has a probate register, the probate judge or the chief probate judge may appoint

one or more deputy probate registers who shall have such compensation as is fixed by the

county board of commissioners. The term of office of the deputy probate registers and their

powers shall be the same as those prescribed by the law for probate registers. They shall

take and subscribe to the constitutional oath of office, which shall be filed with the county

clerk. MCL 600.833(2).

Judicial Responsibility

The judges of probate shall be responsible for the direction and supervision of the registers of

probate, deputy registers of probate, probate clerks, and other personnel employed by the court

to assist in the work of the court. MCR 8.301(A).

Entry of Order Specifying Authority

To the extent authorized by the chief judge of a probate court by a general order, the probate

designated in the order have the authority, until further order of the court, to do all acts

required by the probate judge except judicial acts in a contested matter and acts forbidden

by law to be performed by the probate register. MCR 8.301(B)(1). See Model Local

Administrative Order 18.

The order of the chief judge may refer to the power:

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To set the time and place for hearings in all matters; take acknowledgments; administer

oaths; sign notices to fiduciaries, attorneys and sureties; sign citations and subpoenas;

conduct conferences with fiduciaries required to ensure prompt administration of

estates; and take testimony as provided by law or court rule; and

To sign or by device indicate the name of a judge to all orders and letters of authority

of the court with the same force and effect as though the judge had signed them. In such

cases, the register or deputy register must place his or her initials under the name of the

judge. See also Section 1-07. MCR 5.162(B), MCR 8.301(B)(2); MCL 600.834.

Other Authority

In addition to the powers that may be granted by order of the chief judge, the probate registers

and deputy registers have the authority granted by statute and may take acknowledgments to

the same extent as a notary public. MCL 600.834; MCR 8.301(C).

Duties and Responsibilities

General Duties

Maintain Office Hours

The office of the clerk must be open and the clerk or deputy clerk must be in attendance

during business hours. MCR 8.105(A). The hours of the court are determined by the

administrative order issued by the chief judge. MCR 8.110(D)(1).

Record Maintenance

In maintaining case files, indexes, and other records and permitting access to records,

the clerk of the court shall comply with the records standards prescribed by statute,

court rule, and as otherwise prescribed by the Michigan Supreme Court. MCR 8.119;

Michigan Trial Court Records Management Standards. See also Section 4-02.

Money Paid into Court

The clerk is responsible for handling money paid into court, including the deposit of

money, recordkeeping, and disbursement. MCR 8.106. See also Section 6-05.

Maintaining Records of Court Reporter/Recorder

All records, as defined in MCR 8.119(F) and regardless of format, that are created and

kept by the court reporter or recorder belong to the court, must remain in the physical

possession of the court, and are subject to access in accordance with MCR 8.119(H). If

the court reporter or recorder needs access to the records for purposes of transcribing

off-site, the reporter or recorder may take only a reproduction of the original recording,

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which must be returned to the court upon filing of the transcript. See also Section 4-02.

MCR 8.108(D).

Jury System

The court clerk must perform certain duties for the jury system. See also Section 3-05.

Preparing Documents

Unless specifically required by statute or court rule, it is recommended that court clerks

not prepare pleadings, subpoenas, and similar documents for any party. This practice

will ensure that the court remains a neutral party. For specific guidance in this area, see

the Self-Represented Litigants webpage.

Reports to the SCAO and to Local and State Agencies

The clerk must submit reports about the court’s business to the State Court

Administrative Office and to local and state government entities. MCR 8.119(L). See

the list of reporting requirements. For details, see Sections 3-07, 3-08, and 6-05.

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5-17 Public Guardian of Probate Court

Authority

No statutes or case law specifically address the position of public guardian. A public guardian

is subject to the same standards as any other guardian, conservator, or fiduciary.

Funding

The public guardian/conservator position has been funded by a combination of county money

and payments from estates which the public guardian/conservator is handling. Payments to a

public guardian/conservator are generally made monthly, based on a written contract and/or

subject to court approval on a case-by-case basis.

Appointment and Function

A public guardian/conservator is a person appointed by the court as guardian/conservator for

a ward and/or a ward’s estate if the appointment is in the ward’s and/or estate’s best interest

and if there is no other competent, suitable, and willing person to act. The position of public

guardian/conservator has been created by certain probate courts in response to the need to have

a person available to make personal or financial decisions for someone unable to handle their

own affairs. The public guardian/conservator is subject to the provisions in MCL 700.5106.

Model Code of Ethics for Guardians

The National Guardianship Association, Inc. has developed a Standards of Practice Checklist

and a list of National Guardianship Association Ethical Principles.

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5-18 Public Administrator

If no other qualified person that has priority for appointment as personal representative is available,

the state public administrator or the county public administrator may be appointed as personal

representative of a decedent’s estate subject to the provisions of MCL 700.3203(1). MCL

700.3202(1)(g).

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5-19 Juvenile Register

References to the “clerk” in the Michigan Court Rules apply to the probate register.

Authority

The judge of probate may appoint either the probate register, deputy probate register, or clerk

of the court to the position of juvenile register. Implementation of family division of the circuit

court has resulted in various plans for the position of the juvenile register. MCL 712A.7. See

Sections 1-12 and 5-01, E.

Duties and Responsibilities

The duties of the juvenile register include preparing petitions for investigation, preparing

summonses, writs, or other necessary papers, and performing such duties as required by the

probate judge. The juvenile register must be competent to do all acts required of the probate

judges except judicial acts. MCL 712A.7.

General Duties

Maintain Office Hours

The office of the clerk must be open and the clerk or deputy clerk must be in attendance

during business hours. MCR 8.105(A). The hours of the court are determined by the

administrative order issued by the chief judge. MCR 8.110(D)(1).

Record Maintenance

In maintaining case files, indexes, and other records and permitting access to records,

the clerk of the court shall comply with the records standards prescribed by statute,

court rule, and as otherwise prescribed by the Michigan Supreme Court. MCR 8.119;

Michigan Trial Court Records Management Standards. See also Section 4-02.

Money Paid into Court

The clerk is responsible for handling money paid into court, including deposit of

money, recordkeeping, and disbursement. MCR 8.106. See also Section 6-05.

Maintaining Records of Court Reporter/Recorder

All records, as defined in MCR 8.119(F) and regardless of format, that are created and

kept by the court reporter or recorder belong to the court, must remain in the physical

possession of the court, and are subject to access in accordance with MCR 8.119(H). If

the court reporter or recorder needs access to the records for purposes of transcribing

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off-site, the reporter or recorder may take only a reproduction of the original recording,

which must be returned to the court upon filing of the transcript. See also Section 4-02.

MCR 8.108(D).

Jury System

The court clerk must perform certain duties for the jury system. See also Section 3-05.

Preparing Documents

Unless specifically required by statute or court rule, it is recommended that court clerks

not prepare pleadings, subpoenas, and similar documents for any party. This practice

will ensure that the court remains a neutral party. For specific guidance in this area, see

the Self-Represented Litigants webpage.

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5-20 Juvenile Probation Officer

Authority

The probate judge in each county may appoint one or more suitable persons of good character

and qualified training or experience, other than the county agent or assistants, to act as

probation officer. Each county shall provide for a minimum of one delinquency probation

officer/casework staff person for every 6,000 children under 19 years of age in the county. The

judge may also appoint “volunteer” probation officers who receive no compensation. Local

implementation of family division of the circuit court has resulted in various plans for the

position of juvenile probation. MCL 712A.9. See Sections 1-12 and 5-01, E.

Duties

Juvenile probation officers serve at the pleasure of the court and shall report to the court on all

cases under their care. MCL 712A.9.

Qualifications for hiring are outlined in Michigan Supreme Court Administrative Order 1985-

5, as amend by Michigan Supreme Court Administrative Order 1988-3.

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5-21 Juvenile Court Referee

Authority

The probate judge may designate a probation officer or county agent (county juvenile officer)

to act as a juvenile court referee. Juvenile court referees that are not licensed to practice law in

Michigan may only handle limited matters pursuant to MCL 712A.10 and MCR 3.913. Local

implementation of family division of the circuit court has resulted in various plans for the

position of juvenile court referee. MCL 712A.10. See Sections 1-12 and 5-01, E.

Michigan Supreme Court Administrative Order 2009-06 requires that each court appointing a

referee submit a local administrative order (LAO) to the SCAO that identifies the referee,

contact information, and the scope of the referee’s authority. For appointment of a non-attorney

referee, see Model LAO 32a and see Model LAO 32b for appointment of an attorney referee.

The referee must keep contact information up-to-date on a form provided for that purpose.

Duties

Referees are permitted, through LAO, to take testimony of witnesses, take statements from the

parties, hear petitions, administer oaths, make recommendations as to findings and

dispositions, and issue interim ex parte orders pending a preliminary hearing in instances of

emergency removal. MCL 712A.10(1)(a),(b),(c). MCL 712A.14(2).

As a judicial officer, juvenile court referees are subject to the Michigan Code of Judicial

Conduct, including filing financial reports pursuant to Canon 6C and 5C(4)(c). MCR 9.201(B).

They are required to annually submit a financial report form (SCAO 17) to the SCAO with a

copy to the chief judge of the court in which the magistrate serves. See SCAO memorandum

on “Magistrate and Referee Financial Reporting.”

Additional Qualifications

Statute and court rule require that a referee be an attorney to perform certain functions.

Delinquency Proceedings

Except as otherwise provided by MCL 712A.10, 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 pursuant to MCL

712A.2(a)(1). MCR 3.913(A)(2)(a).

Child Protective Proceedings

Only a person licensed to practice law in Michigan may serve as a referee at a child

protective proceeding other than a preliminary inquiry, preliminary hearing, or a progress

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review pursuant to MCR 3.974(A) or (B), or an emergency removal hearing pursuant to

MCR 3.974(C). MCR 3.913(A)(2)(b).

Designated Cases

Only a referee licensed to practice law in Michigan may preside at a hearing to designate

a case or to amend a petition to designate a case and to make recommended findings and

conclusions. MCR 3.913(A)(2)(c).

Minor Personal Protection Actions

A nonattorney referee may preside at a preliminary hearing for enforcement of a minor

personal protection order. Only a referee licensed to practice law in Michigan may preside

at any other hearing for the enforcement of a minor personal protection order and make

recommended findings and conclusions. MCR 3.913(A)(2)(d).

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5-22 County Juvenile Officer

The probate judge or judges in each county shall appoint a suitable person who shall serve as the

county juvenile officer of the county. The county juvenile officer shall not be subject to or

governed by civil service law of this state. Each juvenile officer shall hold office at the pleasure of

the probate judge or judges of the county and shall perform the various duties required by law.

MCL 400.251(2). See also Section 6-11.

The county juvenile officers and assistant county juvenile officers appointed pursuant to MCL

400.251 - 400.254 shall provide assistance to the family division of circuit court in accordance

with that court’s jurisdiction. MCL 600.1043.

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5-23 County Agent

Authority

The county agent is an officer of the court under the general supervision of the judges of the

family division of the circuit court and under the general supervision of the judge or judges.

MCL 712A.8. See Section 5-01, E.

Duties and Responsibilities

The county agent serves at the pleasure of the judge or judges. The county agent shall organize,

direct, and develop the juvenile welfare work of the court as authorized by the judge. The agent

shall, when requested by the superintendent or director, supervise juveniles when released from

public institutions or agencies and may perform other juvenile welfare work as requested and

with the approval of the judge, including services to school-age children of the various school

districts within the county, after consultation and agreement with the county school

commissioner and the superintendents of schools in a county. With the judge’s approval, the

county agent or his or her assistants shall investigate and report on juveniles or families within

the county as requested by the Michigan Department of Health and Human Services, the county

juvenile agency, or the superintendent of any state institution regarding the welfare of any

juvenile. MCL 712A.8.

Assistant County Agents

Assistant county agents shall perform duties as assigned to them by the county agent. MCL

712A.8.

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5-24 Judicial Assistant

Authority

Every state court having at least ten judges, except the Michigan Supreme Court, may appoint

an attorney to serve as judicial assistant to the court. MCL 600.1481(1).

Requirement for Employment

A judicial assistant must be a licensed attorney in the state of Michigan, in good standing, and

capable of practicing law in all courts in the state of Michigan and in the United States Supreme

Court. The judicial assistant must also have five years of active practice, including appellate

experience, and preferably shall have had government experience in a legal capacity. MCL

600.1481(1).

Duties

The judicial assistant conducts research, studies pending legislation, recommends and drafts

remedial legislation, acts as a legal advisor to the court, and represents the court when the

prosecuting attorney or attorney general must be disqualified. MCL 600.1481(2).

Compensation and Term of Office

The judicial assistant’s compensation is fixed by the recommending judges within the sum

appropriated by the legislative body of the governmental unit, other than the state of Michigan,

which pays the compensation of such judges. The term of office for the judicial assistant is

concurrent with the term of the recommending judges and is subject to reappointment for like

terms. Removal during any term shall be determined by the governor upon recommendation

by the judges of the court. MCL 600.1481(3),(4).

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5-25 Sheriff’s Department

Authority

The office of sheriff for each county is created by the Michigan Constitution. The sheriff’s

duties are prescribed by statute and court rule. Const 1632, Art 7, §4.

Duties

The sheriff’s court duties relate generally to security matters and execution of process.

Attendance at Sessions of Court

A sheriff or his or her deputy is required to attend sessions of the circuit, probate, and

district courts when requested by the court. The judge requiring attendance determines and

regulates the attendance and duties of the sheriff and/or his or her deputies. MCL 600.581.

Practice in the several courts varies as to the frequency of attendance and duties, which

generally relate to security of the court, court personnel, public, and jurors.

Executing Process

The sheriff and his or her deputies are officers of the court for the purposes of executing

process issued by the court. MCL 600.582.

Summoning a Jury

The court may direct the sheriff to summon a jury. See also Section 3-05. MCL

600.587 et seq.; MCR 2.510(D).

Order for Arrest in Civil Matters

Process in civil proceedings that requires the arrest of a person may be served only by a

sheriff, deputy sheriff, police officer, or a court officer appointed by the court for the

purpose. MCR 2.103(D). See also MCL 600.1811. In issuing an order for arrest in a civil

matter, the court should consider matters relating to proper training of personnel who will

affect the arrest and liability for any actions which may arise from the arrest.

Authority and duties of the sheriff relating to the courts are more fully set forth in MCL

600.581 et seq., MCL 600.8321, MCR 2.103, MCR 2.104, MCR 2.510(D), MCR

3.103(E), MCR 3.105(F), (G), and (J), and MCR 3.106(B).

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5-26 Jury Board

Authority

All Michigan trial courts are served by a jury board whose primary duty is to provide a list of

qualified citizens to serve as jurors. Michigan’s jury system and the jury board’s

responsibilities are governed by statute. MCL 600.1301 et seq.

Rules Governing Work of Jury Board

The judges of each circuit may establish rules, not inconsistent with the jury statute, necessary

to implement the statute and to ensure the proper conduct of the work of the jury board. MCL

600.1353.

Jury management in Michigan has changed significantly in the last 30 years. Many of the

functions that had been performed manually by the jury board in each county are now being

done electronically, with the assistance of court or county clerk staff under the direction of the

chief circuit judge. Although the statutory authority and court practices related to jury

management appear to be somewhat inconsistent, most practices by most courts fall within

allowable activities. The court should document its actual practices. For details, see Section

3-05.

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5-27 Court Reporter/Recorder

Authority

Circuit Court

Each circuit court in this state shall have as many court reporters or certified court recorders

as it has judges. MCL 600.1101.

Probate Court

The probate judge or chief probate judge of any county or probate court district may

appoint, and in counties having a population of 50,000 or more shall appoint, one or more

official court reporters or certified recorders of the probate court. MCL 600.835(1).

District Court

There shall be not less than one district court certified court recorder or court reporter for

each judge of the district court. MCL 600.8601. Pursuant to Supreme Court rule, the chief

or only judge of the district may appoint additional certified recorders and reporters. MCL

600.8602(2).

For information on managing court reporter and recorder services, see Section 8-04.

Appointment

Generally

Chief judges, collectively, are the employers of all the official reporters and recorders in

this state. The authority and responsibility to “supervise the performance of all court

personnel, with authority to hire, discipline, or discharge such personnel, with the exception

of a judge’s secretary and law clerk, if any” is vested in the chief judge. MCR

8.110(C)(3)(d). See also Section 1-12.

District Court

Each judge of the district court shall appoint his or her own reporter or recorder. MCL

600.8602(1). The Court of Appeals has ruled that a district court judge has the right and

the responsibility of selecting a court recorder at the beginning of the judge’s tenure in office

pursuant to MCL 600.8601 et seq. The court expressly declined to consider the subsequent

removal of the court recorder by the judge who appointed him or her. Irons v 61st Judicial

District Court Employees, 139 Mich App 313 (1984).

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Probate Court

The probate judge or chief probate judge of any county or probate court district appoints

official court reporters and certified court recorders of the probate court. MCL 600.835(1).

Qualifications

Only reporters or recorders certified pursuant to MCR 8.108 may record or file transcripts of

proceedings held in Michigan courts. MCR 8.108(G). See the lists for currently certified and

registered reporters and recorders.

Oath of Office

Circuit Court

Before entering upon the duties of his or her office, the court reporter or recorder shall take

and subscribe the constitutional oath of office which shall be filed with the Secretary of

State’s Office. MCL 600.1104.

District Court

Although a district court reporter or recorder is not statutorily required to take and subscribe

to a constitutional oath of office, all court reporters or recorders are expected to abide by

the Constitution and the laws of the United States and Michigan.

Probate Court

Upon appointment, probate court reporters and recorders shall take and subscribe the

constitutional oath of office which shall be filed with the county clerk. MCL 600.835(1).

See the Manual for Court Reporters and Recorders, Section 1, Chapter 2, Conduct of the Court

Reporter/Recorder.

Manual for Court Reporters and Recorders

The State Court Administrative Office publishes a Manual for Court Reporters and Recorders.

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6-01 Fee Schedules

Fee Schedules

Limited fee schedules for the trial courts are published by the State Court Administrative

Office. Other bulletins are issued regarding mileage rates for service of process, revisions to

accounting procedures, child care fund collection fee, and various other matters pertinent to

fiscal management.

Limitations on Fees

A judge of any court, sheriff, bailiff, district court magistrate, or other officer, or other person

except attorneys at law to whom any fees or compensation shall be allowed by law for any

service, shall not take or receive any other or greater fee or reward for his or her service, but

such as is or shall be allowed by the laws of this state. MCL 600.2513. No fee or compensation

allowed by law shall be demanded or received by any officer or person for any service, unless

such service was actually rendered by him or her; but this section shall not prevent any officer

from demanding any fee allowed for any service of which he or she is entitled by law to require

the payment previous to rendering such service. MCL 600.2516.

A violation of MCL 600.2513 or MCL 600.2516 shall be deemed a misdemeanor, and the

person guilty thereof shall be liable to the party aggrieved for treble the damages sustained by

him or her, and such violation shall be a cause for forfeiture of office. MCL 600.2519.

Interest on Civil Judgments

The state treasurer is required to periodically inform the court of any adjustment to the interest

rate on civil judgments. For information, contact the Michigan Department of Treasury.

Michigan Department of Treasury

Treasury Building

Lansing, MI 48922

517-373-3200

The State Court Administrative Office electronically sends this information to the courts twice

each year and posts Interest Rates for Money Judgments on its website. The original source is

from the Department of Treasury.

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6-02 Recommended Fines and Costs Schedule – Civil Infractions

The State Court Administrative Office annually publishes and distributes to each district and

municipal court a recommended range of civil fines and costs for first-time civil infractions.

This recommendation is not binding upon the courts that have jurisdiction over civil infractions

but is intended to act as a normative guide for judges and district court magistrates, and as a basis

for public evaluation of disparities in the imposition of civil fines and costs throughout the state.

MCL 257.907(8).

Each district and municipal court may establish a schedule of civil fines and costs to be imposed

for civil infractions that occur within the respective district or city. If a schedule is established, it

must be prominently posted and readily available for public inspection. A schedule need not

include all violations that are designated by law or ordinance as civil infractions. A schedule may

exclude cases on the basis of a defendant’s prior record of civil infractions or traffic offenses, or a

combination of civil infractions and traffic offenses. MCL 257.907(7). See also Section 8-03, G.

Civil infractions committed by juveniles are under the jurisdiction of the family division of the

circuit court. Unless a circuit court waives jurisdiction over these civil infractions within the

geographic jurisdiction of the district court, a circuit court should consider adopting a schedule of

civil fines and costs similar to those used by the district courts. MCL 712A.2e.

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6-03 Budgeting

Budgeting is controlled by Michigan Supreme Court Administrative Order 1998-5, which states

in part:

“If the local funding unit requests that a proposed court budget be submitted in line-item detail,

the chief judge must comply with the request. If a court budget has been appropriated in line-item

detail, without prior approval of the funding unit, a court may not transfer between line-item

accounts to: (a) create new personnel positions or to supplement existing wage scales or benefits,

except to implement across the board increases that were granted to employees of the funding unit

after the adoption of the court’s budget at the same rate, or (b) reclassify an employee to a higher

level of an existing category. A chief judge may not enter into a multiple-year commitment

concerning any personnel economic issue unless: (1) the funding unit agrees, or (2) the agreement

does not exceed the percentage increase or the duration of a multiple-year contract that the funding

unit has negotiated for its employees. Courts must notify the funding unit or a local court

management council of transfers between lines within ten business days of the transfer. The

requirements shall not be construed to restrict implementation of collective bargaining

agreements.” Michigan Supreme Court Administrative Order 1998-5, Section II, Court Budgeting.

The Role of the Funding Unit in the Budgeting Process

Funding unit officials may:

• Request a line-item budget (see AO 1998-5);

• Identify a budget process and timetable;

• Assess claims about needs and problems;

• Assess the political implications of budget actions;

• Analyze program and service delivery alternatives;

• Analyze historical spending patterns (review last 3 yrs. line-item spending);

• Examine proposals for new spending;

• Monitor financial and economic trends;

• Update revenue/expenditure estimates;

• Schedule and approve budgets;

• Expect to receive notice from a court of a line-item transfer within 10 business days of the

transfer (see AO 1998-5).

The Role of the Court in the Budgeting Process

Court officials may:

• Analyze, prepare and submit a line-item budget;

• Receive an opportunity to be heard during the budget and decision making process;

• Request an explanation for a budget decision;

• Develop and analyze spending;

• Monitor and evaluate results;

• Set and report on performance measures;

• Reallocate resources to meet changing fiscal needs;

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• Find financing alternatives;

• Analyze costs and benefits;

• Analyze organizational structure and staffing;

• Analyze historical spending patterns (review last 3 years’ line-item spending);

• Implement a budget plan.

The Budget Process – General Context

The budget process is the arena in which the priorities of the court and the funding unit are

articulated, debated and ultimately where important choices are made by elected officials. The

budget process is also a balancing act in which separate but equal branches of government

struggle with one another based upon checks and balances established in the state constitution.

The process of budgeting requires collaboration and interaction among a variety of individuals.

Key players in the formulation and execution of a budget may include the funding unit

administrator, commissioners, funding unit finance director, chief judge, and court

administrator. The budget is the final product of the political interaction among all of these

players and reflects the priorities that emerge after consideration of all the interests expressed

by the various entities.

Budgeting in Times of Fiscal Strain

When resources are insufficient to address the varied needs of the public, two options to cope

emerge: increase resources or decrease demands. A middle course is commonly taken that is a

combination of enhancing resources and controlling demand. Those involved in the preparation

of the budget must change from debating marginal changes against past years’ budget to a

more in-depth examination of programs within the base to determine whether continuation is

warranted.

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6-04 Audits

Pursuant to the Uniform Budgeting and Accounting Act of 1968, a local unit of government

(counties, cities, villages, and townships) with less than 4,000 population is required to “obtain an

audit of its financial records, accounts, and procedures not less frequently than biennially.” MCL

141.425(1). Local units of government with 4,000 or more population are required to obtain an

annual audit. MCL 141.425(2). The state treasurer prescribes minimum auditing procedures and

standards for these audits. Generally, local units of government have retained the services of

certified public accountants to perform the required audits.

Current Michigan law, however, is unclear as to the audit requirements for revenues received and

disbursed by court operations, including trust and depository accounts maintained and

administered by the courts (i.e., friend of the court support account, bond and trust account,

depository account used for fines, costs, and fees, etc.). Because most of the annual audits are

contracted by the funding unit, the audits performed by certified public accountants in compliance

with the Uniform Budgeting and Accounting Act of 1968 generally only include an examination

of the operational expenditures of the court at the local funding unit level. An audit of court

revenues and expenditures including an examination of trust and depository accounts is generally

not included in the scope of these audits.

It is recommended that court revenues, expenditures, and all funds maintained by the court be

audited on an annual basis. The auditors within the Supreme Court periodically perform court

audits. The auditors also periodically perform one-day internal control and accounting system

reviews at trial courts.

It is recommended that the chief judge communicate the need for an annual audit of all the court’s

revenue and expenditure accounts, including the trust and depository accounts. Funds for

performing these audits should be included within the court’s operational budget request, and a

written request should be sent to the local unit governing body requesting an audit.

If you would like further information regarding a court audit, contact your SCAO regional

administrator.

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6-05 Trial Court Financial Management Guidelines

Introduction

The chief judge has the management responsibility to ensure that an adequate accounting and

internal control system is in operation to safeguard all court receipts and disbursements. The

court administrator, friend of the court, or county clerk should develop, implement, and

administer procedures that will provide for an adequate accounting and internal control system.

The following financial management guidelines are to be used for the collection, disbursement,

and control of court funds.

Accounting System

The receipt and disbursement of all court collections should be properly recorded in an

accounting system (automated or manual) that provides for source documentation and records

of original and final entry. These receipt and disbursement records should provide an audit trail

to the source document and case file records. The accounting system should be maintained on

a current basis and balanced to subsidiary records monthly.

Automated Accounting and Case Management System Security

If an automated accounting or case management system is utilized, access to the system

should be restricted as to the functions that employees are able to perform. Proper security

should be established within the system that will provide an adequate internal control

structure.

Employee user classifications and security within the system should be established,

monitored, and controlled by court management.

The system should provide data or reports that reflect user classifications for each

employee, which are periodically reviewed by court management (at least annually).

Each employee should have a unique password to access the system that is known only to

that employee. At a minimum, passwords should be changed every six months.

Employees who are involved in opening mail, receipting payments, balancing accounting

records, and performing bank reconciliations should not be able to delete case files, make

adjustments to financial records, or modify court orders in the automated system.

Employees should be required to enter a reason for deleting a case, adjusting financial

records, or modifying court orders in the automated system.

The system should provide reports that reflect case files and case file financial data that

has been deleted, adjusted, or modified, and the reasons for the deletion, adjustment, or

modification. These reports should be reviewed by an employee who is independent of the

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deletion, adjustment, and modification processes. This review should be documented with

the reviewer’s initials and the date of the review, and retained for audit.

With the exception of checks that are automatically generated based on the receipt entered

in the automated system, employees who receipt payments should not be able to generate

court checks from the automated system.

Cases received by the court should be assigned numbers and logged in through an

automated or manual process when received. The court should maintain an automated or

manual case file management system that provides for the proper accountability of all cases

received.

10.

Courts are discouraged from purchasing and distributing citations to local law enforcement

agencies, while continuing to work with local agencies to eliminate duplicate numbering

systems. If a court purchases and distributes citations, they should be pre-numbered and

the distribution properly accounted for by the court.

Internal Control System

The Committee of Sponsoring Organizations of the Treadway Commission has published

“Internal Control-Integrated Framework.” Under this framework, internal control is broadly

defined as a process, affected by an entity’s board of directors, management, and other

personnel, designed to provide reasonable assurance regarding the achievement of objectives

in the following categories: 1) effectiveness and efficiency of operations, 2) reliability of

financial reporting, and 3) compliance with laws and regulations.

Duties and responsibilities for handling receipts and disbursements should be arranged and

separated so an employee does not perform more than one of the following functions.

Opening mail.

Receipting payments.

Balancing receipts to accounting records.

Performing bank reconciliations.

Court management must realize that a greater risk in safeguarding receipts will exist if

duties and responsibilities are not appropriately arranged and separated. In smaller courts,

where the number of employees is limited and duties cannot be adequately separated, court

management must provide a greater review and supervision of employee functions and

procedures.

Position descriptions that clearly define the duties and responsibilities of each employee

should be developed for employees who are involved in the receipt and disbursement

process. Court management should periodically review these duties and responsibilities.

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All employees involved in the receipt and disbursement process should be bonded. In

addition, employees in positions of trust should be required to take annual vacations during

which time their duties are performed by other personnel. In larger courts, employees

should be periodically rotated between various job duties.

Bank Accounts

Type of Accounts

A bank account in the name of the court should be established only when the account is

necessary for the proper receipt and disbursement of certain funds. Generally, there are

four types of court bank accounts.

Trust Accounts

Friend of the Court Account

An account is established for the receipt and disbursement of certain friend of the

court collections.

Bond and Trust Account

A bond and trust account is established for the receipt and disbursement of bond

and other trust funds, such as restitution, garnishment, and proceeds from the sale

of seized property pursuant to MCR 3.106.

Court-Ordered Account

An escrow account is established for a specific case as the result of a court order.

Depository Account

A depository account in the name of the court is established for the receipt and

disbursement of funds received that are transmitted to the local funding unit, state,

and/or other governmental agencies.

Accounts Reimbursed by the Funding Unit

Some courts administer and control accounts that are funded through the funding unit,

such as jury fee and witness fee accounts.

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Operational Accounts

Courts that operate independently of the funding unit(s) may maintain accounts in

support of the operational costs of the court (payroll, travel, contractual services,

supplies, rent, equipment, etc.).

Authorized Check Signers

Check signers should be authorized by the chief judge or designated court supervisor.

A copy of the bank signature card or letter authorizing the check signers should be on

file at the court.

Original signatures should be required on all checks. For larger courts, an electronic

signature or rubber stamp may be used, but proper controls must be in place.

Check Registers

An automated accounting system must provide a check register that lists check numbers in

numerical order to meet fundamental internal control requirements. Standards for check

registers have been developed by the State Court Administrative Office.

Bank Reconciliations

Bank reconciliations for all court bank accounts should be completed monthly and

maintained on a current basis. The reconciliation should be completed within ten

working days from receipt of the bank statement.

Bank reconciliations should be completed by a person who is not involved in opening

mail, receipting payments, or balancing receipts to accounting records. The person who

performs the bank reconciliation should not be an authorized check signer on the bank

accounts being reconciled.

Bank statements should be unopened when received by the bank reconciler.

The bank reconciliation process should consist of the following.

Checks cleared by the bank should be verified to checks cleared by the court. For

automated bank reconciliation programs, this process would consist of verifying

the total of cleared checks per the bank statement (total debits less debit

adjustments) to the total of cleared checks per the court system.

Deposits recorded on the bank statement should be verified to deposit records per

the court. This should include a review to determine that deposits were made on the

date that the deposit should have been transmitted to the bank. All deposits in transit

and any overages or shortages should be properly accounted for.

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All debit and credit memos reflected on the bank statement should be reviewed and

properly accounted for in the accounting records and bank reconciliation.

The ending bank statement balance should be reconciled to the book balance of the

court, including the identification of all reconciling items (deposits in transit,

outstanding checks, overages, shortages, unrecovered nonsufficient funds (NSF)

checks, bank service charges, checks cleared in error, bank errors, credit memos,

debit memos, and other items on the bank statement that are not on the court

records, and vice versa). Reconciling items should be brought to the attention of the

bank and responsible court staff. The items should be properly disposed of,

adjusted, and eliminated prior to completion of the following month’s bank

reconciliation.

If an unreconciled difference between the bank statement balance and the court

book balance exists, the following guidelines can be used to locate the differences.

Repeat steps 1 through 3 above.

If the cleared checks total per court records does not agree with the bank total

(number 1 above), review the bank statement for checks that may have been

cleared by the bank twice or may have been cleared at an amount different than

the amount cleared by the court.

Examine voided checks, making sure that checks voided after the bank

reconciliation date (usually the bank statement ending date) but dated prior to

the bank reconciliation date are reflected as outstanding on the outstanding

check list.

Make sure that NSF checks have been properly reflected in the bank

reconciliation, including those from the prior month that have not been

recovered. Trace all NSF debits and credits shown on the bank statement to both

the prior bank reconciliation and the current month’s listing of unrecovered NSF

checks.

Go back to the prior month’s bank reconciliation, cleared checks report, and

outstanding check listing and make sure that all reconciling items and

adjustments from the prior month were either cleared or have been properly

brought forward to the current month’s bank reconciliation.

Unreconciled differences between the bank statement balance and the court book

balance should be resolved on a timely basis. Should an unreconciled difference

exist which cannot be found, the unreconciled difference should be properly

adjusted through the local funding unit or court’s operational budget on an annual

basis.

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In order to properly monitor the completion of bank reconciliations on a current basis

and to be aware of any unreconciled differences, completed bank reconciliations should

be reviewed monthly by court management. This review should be documented with

the reviewer’s initials and the date of the review, and retained for audit.

NSF (Nonsufficient Funds) Checks

The payer should be immediately contacted when the NSF check notice is received

from the bank.

A procedure should be established for handling checks deposited that are returned NSF.

This procedure should include maintaining a listing of all NSF checks received and the

proper accountability and enforcement for the recovery of the NSF checks. Accounting

and case file records should be reduced or adjusted by the amount of the NSF check at

the time the NSF check notice is received from the bank.

Any NSF service fees assessed by the bank should be charged to the payer. The court

may assess costs for reasonable expenses incurred for checks returned to the court due

to nonsufficient funds. MCR 8.106(E).

No personal checks should be accepted from individuals after two checks have been

returned NSF.

One option for any NSF check not collected after 60 days is referral to the local

prosecuting attorney for collection.

Counterfeit Money

If the court receives notice of a deposit adjustment and a report of a counterfeit note from

its bank, that means the bank has seized suspected counterfeit money. The bank will submit

the seized money to the United States Secret Service (USSS) Field Office for verification

and will notify the court of the determination of the USSS. If the money is determined to

be authentic, the bank will make another deposit adjustment. If the money is determined to

be counterfeit and the court cannot track these funds back to the specific payer and case,

the court will have to replenish this shortage through its funding unit.

Escheating Unclaimed Property

The Uniform Unclaimed Property Act, 1995 PA 29, requires that all property valued at

more than $25 unclaimed for one year, with the exception of restitution, be escheated

annually to the state of Michigan. Unclaimed property, with the exception of restitution,

valued at $25 or less should be remitted to the funding unit as unclaimed property. The

court should perform the following tasks when escheating property:

With the exception of restitution funds, undeliverable and outstanding checks,

unclaimed bond and trust funds, and any funds that exist in an old court bank account

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that cannot be identified as belonging to a defendant, governmental agency, or other

court payee should be reviewed annually.

If the property owner is an out-of-state resident, the unclaimed property must be

reported and remitted to the state of the owner’s last-known address, regardless of the

value.

The court must send notice of intent to escheat to the owner when the property is $50

or more. Notice must be sent not less than 60 days nor more than 365 days before filing

the report. MCL 567.238(5). See SCAO-approved form MC 25, Notice of Intent to

Escheat Unclaimed Personal Property.

See requirements for reporting unclaimed property to the State of Michigan.

If an individual requests a refund of unclaimed property that has been remitted to the

funding unit, and the court has verified that the individual is the rightful owner of the

unclaimed property, the court must process the refund.

Unclaimed Restitution

If a person entitled to receive restitution that the court has collected cannot be located,

refuses to claim the restitution within two years of being eligible to do so, or refuses to

accept the restitution, the court must remit the unclaimed amount to the Crime Victim’s

Rights Fund on its monthly transmittal to the state. That person may subsequently claim

the restitution by applying to the court that collected and remitted it. The court must notify

the Crime Victim Services Commission of the claim and the commission must approve a

reduction in the transmittal to the Crime Victim’s Rights Fund to pay the victim. Forward

to the Crime Victim’s Rights Fund any restitution funds that exist in an old court bank

account that cannot be identified to a victim. MCL 780.766(1), MCL 780.794(21), MCL

780.826(18).

Receipts

Centralization of Receipting Function

All payments received by the court should be collected and receipted in one centralized

location. The number of employees authorized to receive checks, money orders, and cash

should be restricted to a limited number of employees. If possible, one or two employees

(or more depending on the size of the office) should be assigned as cashiers and the only

employees authorized to collect and receipt both in-office and mail payments. Probation

officers and other court employees who are not within the main accounting or cashiering

unit should not be allowed to collect any payments.

Any money collected for the payment of fines, costs, restitution, assessments, probation or

parole supervision fees, or other payments arising out of the same criminal proceeding or

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order of disposition must be allocated as provided in statute. MCL 775.22, MCL 712A.29,

MCL 780.766a, MCL 780.794a, MCL 780.826a.

Receipting Payments to the Accounting System

All payments received by the court should be receipted and recorded in the court’s

accounting system and deposited into the court or funding unit bank account.

Mail Opening Process

Employees who open the mail should not be involved with receipting payments,

balancing receipts to the accounting records, or performing bank reconciliations.

Checks, money orders, and cash received in the mail should be recorded on a mail log

prepared by the mail opener or, at a minimum, an adding machine tape should be

prepared. This process may not be possible in courts with only a few employees. If a

mail log is prepared, it should indicate the date received, payer’s name, type of payment

(check, money order, or cash), check/money order number, and amount.

Checks and money orders should be endorsed for deposit at the time the mail is opened

and after they are properly identified as being payable to the court or, at a minimum, if

the court validates checks and money orders, when they receipt them into the system.

All “cash” received in the mail should be verified at the time the mail is opened by

another employee and the mail log should identify the receipt of “cash” and the initials

of both employees.

Checks and money orders received by the court in error should be noted on the mail

log or documented in a separate record. These checks and money orders should be

appropriately forwarded to the proper payee or returned to the payer rather than

deposited in the bank account.

After all checks, money orders, and cash have been recorded and totaled on the mail

log or adding machine tape, the log or tape should be initialed by the mail opener. The

mail log or adding machine tape should then be forwarded to the employee who

balances receipts to the accounting records, while the checks, money orders, and cash

should be given to the employee who performs the receipt function.

All mail payments should be receipted to the accounting records on the day received or

no later than the end of the next business day.

Receipt Process

Employees who receipt payments should not be involved with opening the mail,

balancing receipts to the accounting records, or performing bank reconciliations.

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If the court has an automated accounting system, each employee should have a separate

unique password for receipting payments that is known only to the employee. The

system should provide an audit trail tracing each receipt to the employee who entered

it in the system.

Each employee authorized to receipt in-office payments should be assigned to a

separate cash drawer with access to the drawer being restricted to the assigned

employee.

Receipts should reflect the name of the court and receipt records should indicate the

type of payment (check, money order, or cash), date received, amount received, payer,

and case number. The check or money order number should also be indicated. If the

court is on a manual receipt system, receipts should be pre-numbered. Automated

systems should provide a receipt or transaction number.

If the court is on an automated accounting system, the system should not allow a receipt

to be written to a lesser amount, edited, or deleted once the receipt has been accepted

in the system.

A receipt should be attached to or placed in the case or other permanent file unless an

automated financial case management system is in operation that provides receipt

information in the automated case file record.

A receipt should be provided to the payer for in-office payments.

Checks and money orders received for in-office payments should be endorsed for

deposit or validated for deposit at the time the payment is receipted.

After receipting, undeposited checks, money orders, and cash should be kept in a locked

drawer or other locked device during the day.

If the court is closed during the noon hour, undeposited checks, money orders, and cash

should be kept in a secure location that is not accessible to the public and court

employees.

Cash-on-hand balances used for making change should be kept at a minimum.

Third-party checks should not be accepted.

The court may apply any overpayment received on behalf of a defendant to any fine,

cost, fee, or assessment that the same defendant owes in any other case. MCL

769.1k(6). All other overpayments of fines, costs, fees, and restitution should be

refunded by check to the payer. A court may establish a policy of not returning

overpayments for any amount less than $10.01. However, if the payer requests a refund

of the overage, the court must process the refund notwithstanding the court’s policy.

Any overpayment not refunded must be receipted and transmitted to the funding unit.

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Any automated system used by the court to issue receipts shall be able to identify

receipts by payment type (e.g., cash receipts, check receipts, credit card receipts, etc.).

Furthermore, cash receipts shall periodically be compared to cash deposits by someone

not involved in the receipting, balancing, and depositing processes. Reasons for

differences shall be documented. The person performing the comparison shall report

unexplained differences to the chief judge.

Canadian and Other Foreign Currency

If possible, the court should only accept U.S. currency. There are some circumstances,

however, where Canadian or other foreign currency is received and must be accepted

by the court. The following receipt guidelines should be adhered to when foreign

currency is accepted.

A separate deposit should be prepared for Canadian and other foreign checks,

money orders, and cash.

Payments should not be receipted to a court’s accounting records until after the

bank has been contacted and an adjustment to U.S. currency has been made.

The court should maintain accounting records that properly control and provide an

audit trail for the receipt and disbursement of Canadian and other foreign funds.

Any bank charges for Canadian and other foreign deposits should be adjusted and

charged to the payer’s account or case.

If the court suspects a payment received is counterfeit, the court should do the

following.

Inform the payer of this and seize the suspected bill(s). Have the payer complete a

“Seizure of Suspected Counterfeit Money” form. Give the payer a copy of the

completed form.

Explain to the payer that the seized money will not be applied to the case, and give

the payer a receipt for any payment that is applied to the case.

Contact the United States Secret Service Field Office for instructions about the

procedure for verifying counterfeit money. See the telephone numbers for the

Michigan offices.

Notify the payer of the determination of the United States Secret Service. If the

money is returned, the court should either: (1) apply the money to the appropriate

case if there is a balance remaining, or (2) return the money to the payer, by check,

if there is no balance remaining on the case.

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The court should not assess or collect fees for services ordered by the court or required

by statute or court rule when the services are not performed by the court. Examples

include fees for service of process, counseling, treatment, or educational programs.

If the court accepts credit cards for payment of monies due to the court, proper controls

should exist relative to the acceptance of these charges. This includes determining the

proper identification of the person paying by credit card, verifying the information with

the credit card company, and determining information required for credit card

payments made over the telephone, if accepted by the court.

Court employees authorized to waive fines, costs and fees must document the insurance

information presented by the defendant in the case history (also known as register of

actions). The entry must include:

• name of insurance agency

• policy number

• date range of insurance coverage

The court employee authorized to perform this function needs to have his or her initials

associated with the entry.

Voided Receipts

Proper security and controls should exist regarding the voiding of receipts as follows:

The original voided receipt should be retained with balancing records. In addition,

voided receipts should be marked “VOID,” indicate the reason for the void, and reflect

the reissued receipt number where applicable.

A review procedure should exist whereby an employee verifies the voided receipt total

per the cash register tape or accounting system report to the original voided receipts.

This review should ensure that all receipts voided were proper and the receipts were

reentered in the accounting system unless a justified explanation is provided as to why

a voided receipt was not reentered. This review should be documented with the

reviewer’s initials and the date of the review, and retained for audit.

The review procedure in a manual receipt system should consist of verifying that all

receipt numbers are accounted for in the receipts journal with the proper accountability

of all voided receipts. Receipt numbers that have been voided should be marked

“VOID” in the receipts journal.

The employee who reviews voided receipt totals and ensures that all voids were proper

and justified should be independent of the receipt process. Also, this employee should

not be authorized or have the capability to void or edit receipts.

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The automated system should not omit voided receipts from daily receipt reports. When

a receipt is voided, the transaction should be appropriately posted to payment records

in the automated case management system.

The accounting system and cash register should not allow negative entries to be made

without a case-file number also being entered. Otherwise, receipt totals could be

reduced while case-file payment records are not changed.

Manual Receipts

Proper controls should exist regarding the use of manual receipts. These controls are

required whether the court uses a manual or automated accounting system.

All manual receipts should be pre-numbered, reflect the name of the court, and provide

at least two copies.

Manual receipt books should be under the control of a supervisor who should maintain

a record of all used and unused receipt books.

Manual receipts should not be located in any court offices other than the main

cashiering unit.

Unused manual receipts should be kept in a secure location.

Manual receipts should be properly accounted for with verification of the beginning

sequence number to the ending sequence number by the employee who balances

receipts to the accounting records.

The employee who reviews and accounts for manual receipts should not be involved in

the receipt process.

If the court is on an automated accounting system, manual receipts should only be used

when the system is not operational and it becomes necessary to write a receipt.

Manual receipts used should reflect the automated receipt number used when the

receipt is subsequently entered in the automated accounting system.

Manual receipts used should be reviewed by an employee independent of the receipt

process to ensure that the receipts were subsequently entered in the automated

accounting system. This review may be done on a periodic basis. This review should

be documented with the reviewer’s initials and the date of the review, and retained for

audit.

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Balancing the Accounting Records

Employees who balance receipts to the accounting records should not open the mail,

receipt payments, or perform bank reconciliations.

If the court has assigned employees as cashiers with separate cash drawers, cashiers

should count the cash in their drawer at the end of the day. These employees should

sign or initial a report reflecting the checks, money orders, and cash counted. Checks,

money orders, and cash should then be forwarded to the employee who balances the

accounting records.

Checks, money orders, and cash should be counted by the employee who does the

balancing and verifies receipts to the total per the accounting records. The process

should include verification of total “cash” receipts per the accounting records to actual

“cash” counted.

Receipt or transaction numbers should be accounted for with verification of the first

number of the accounting report or journal following the last number from the previous

accounting report or journal to ensure that numbers have not been missed.

If a mail log or adding machine tape of checks, money orders, and cash received in the

mail is prepared, a subsequent verification to the receipt records should be performed

by someone who is independent of the mail opening function. At a minimum, the

verification should consist of a sample of the daily mail log. The employee who

performs this verification should sign or initial the log or tape. If a portion or all of the

payments are not receipted to the accounting records on the same day they were

received, an audit trail of the mail or adding machine tape from the date received to the

date receipted should exist.

The court should not maintain an over/short fund to balance overages and shortages.

Overages should be remitted to the local funding unit, while shortages should be

replenished through the court’s operating budget.

Overages and shortages should be reported to court management, with any significant

overages and shortages being investigated and reported to the chief judge in writing.

Court management is responsible for reviewing and monitoring periodic overages and

shortages.

Receipt totals should be summarized on an accounting report, cash register tape, or

summary cash receipts report with any overages and shortages being identified.

The employee who balances receipts should sign or initial the accounting report, cash

balanced and that any overages or shortages have been identified.

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If the back side of checks and money orders is receipt validated through the cash

include a review of the back of all checks and money orders to be deposited to ensure

that they were properly validated. This review should provide verification that the

checks and money orders were receipted in the cash register or automated system.

Checks and money orders to be deposited should be listed on the deposit slip or, at a

minimum, there should be an adding machine tape of checks and money orders being

deposited that should be retained by the court.

Checks, money orders, and cash received for unknown cases or cases not yet received

by the court should be deposited within one day from the date of receipt rather than

held undeposited.

Undeposited checks, money orders, and cash should be kept in a locked safe or other

locked secure device at night.

Access to the safe or secure device should be restricted to a few court employees.

The safe or secure device combination or lock should be periodically changed and

changed when someone who knows the combination or has a key to the safe or

secure device terminates employment with the court.

All courts should utilize secured deposit bags (i.e., locked bags, sealed bags). The banks

should be the only entity that has access to the key for the locked bank bags.

In no case should employees or other individuals be allowed to cash checks (personal,

court, funding unit, etc.) from undeposited cash receipts.

Proper security should be utilized for the transmission of the deposit to the bank or

funding unit.

The employee who transmits the deposit to the bank or funding unit should be required

to provide a deposit validation slip from the bank or funding unit to a supervisor. The

supervisor should verify that the deposit was actually made on the date transmitted and

in the amount reflected on daily balancing records, including verification of total “cash”

receipts per the accounting records to actual “cash” deposited.

If the court deposits directly with the funding unit, staff at the funding unit should count

and verify the deposit amount in the presence of the court employee who transmits the

deposit.

If the court operates separate suboffices that collect and receipt payments, the money

should be deposited with the centralized office at least once a week.

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If security carriers or law enforcement agencies transmit deposits to the bank or funding

unit, a record showing the date, time, amount of deposit, number of bags (should be

locked bags), and carrier signature should be maintained by the court.

Deposits should be made no less frequently than every two days. In smaller courts,

deposits should be made whenever the collection total reaches $1,000 or at least weekly

even if the total is less than $1,000.

Disbursements

All disbursements made by the court should be made through the issuance of a check or

voucher. In no case should a disbursement be made in cash or should a check be made

payable to “cash.” A court’s automated accounting system must provide a check register

that lists check numbers in numerical order.

Checks should not be pre-signed.

Blank checks should be stored in a secure area and should not contain any authorized

signatures.

Any check number missing as the result of an error made by the vendor should be properly

documented and accounted for in the court records.

The court should provide proper security in the use and control of electronic signatures

and/or rubber signature stamps. Electronic signatures and/or signature stamps should only

be used after the express review and approval of the document for signature by the person

whose signature will be fixed.

A replacement check should be reissued to a payee only after the payee has signed an

affidavit indicating that the original check was not cashed. Documentation should be

maintained by the court in support of replacement checks issued.

Collections transmitted to the local funding unit should be reconciled to the bank account

and/or accounting records prior to submission of the check or deposit to the funding unit.

All transmittals and disbursements due to the local funding unit, state, and other

governmental agencies should be submitted on a monthly basis, or as otherwise required.

See Department of Treasury Transmittal Advice Forms and Instructions.

Collections should be transmitted to the local funding unit within ten business days

following the end of the month, unless some other agreement has been made between the

local funding unit and the court.

10.

A receipt from the local funding unit should be obtained and retained with the court copy

of the transmittal advice.

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Bonds, Restitution, and Other Trust Funds

A subsidiary ledger should be maintained for bonds, restitution, and other trust funds held

by the court. The ledger should reflect receipts, disbursements, and the outstanding balance

for each case.

The total outstanding balance in the bond, restitution, and trust ledger(s) should be

reconciled to the applicable trust bank statement balance or local funding unit trust account

balance on a monthly basis. The reconciliations should be retained for audit.

Open bonds, restitution, and other trust funds reflected in the subsidiary ledger should be

reviewed annually for lack of progress. Open bonds and other trust funds valued at more

than $25, with the exception of restitution, should be escheated as prescribed in treasury

regulations to the state of Michigan. If the property owner is an out-of-state resident, the

unclaimed bonds or trust funds must be reported and remitted to the state of the owner’s

last-known address, regardless of the value. Unclaimed bonds should not be forfeited to

the funding unit unless the defendant has not complied with the conditions of bail.

Open bonds and other trust funds, with the exception of restitution, valued at $25 or less

should be remitted to the funding unit as unclaimed bonds or trust funds. If an individual

requests a refund of these unclaimed bonds or trust funds, and the court has verified that

the individual is the rightful owner of the unclaimed property, the court must process the

refund.

If a person entitled to receive restitution that the court has collected cannot be located,

refuses to claim the restitution within two years of being eligible to do so, or refuses to

accept the restitution, the court must remit the unclaimed amount to the Crime Victim’s

Rights Fund on its monthly transmittal to the state. The person may subsequently claim the

restitution by applying to the court that collected and remitted it. The court must notify the

Crime Victim Services Commission of the claim, and the commission must approve a

reduction in the transmittal to the Crime Victim’s Rights Fund to pay the victim. MCL

780.766(21), MCL 780.794(21), MCL 780.826(18).

All payments received for bonds, restitution, and other trust funds should be receipted and

deposited through the accounting system of the court.

Receipts should be provided to police agencies at the time bonds are received by the court.

If receipts are not issued at the time bonds are received, the employee who receives bonds

from police agencies should maintain a record or log that reflects all bond monies received

and provides an audit trail to receipt records in the accounting system.

An employee who is not involved in receiving bonds from police agencies should receipt

the bonds to the accounting system or otherwise periodically review bond records and

verify that bonds received were appropriately receipted to the accounting system.

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A copy of the bond receipt and a record of the bond disposition should be filed and recorded

in the case file or noted in the automated case management record.

When the full amount of an appearance bond is to be applied to fines, costs, fees, and

restitution, a voucher or check should be drawn payable to the court and appropriately

receipted to the accounting system in accordance with the judgment. If only a portion of

the appearance bond is to be applied to fines, costs, fees, and restitution, a voucher or check

should be drawn payable to the court for the amount to be applied and receipted to the

accounting system. The balance should be refunded to the defendant or person who posted

the bond through the issuance of a voucher or check.

In no case should only one check be issued that is payable to the court for the full bond

amount, resulting in a cash refund for the difference.

As an alternative, one daily check may be written payable to the court covering all bonds

applied to fines, costs, fees, and restitution. This procedure is allowed provided there is an

acceptable process and documentation for applying the bonds. If a bond release form is

used that requires the signature of the defendant or person who posted the bond, the form

should be pre-numbered and properly reviewed and accounted for daily.

All bond checks or supporting documentation for a daily check applied to fines, costs, fees,

and restitution should reflect the case number(s).

All bond refunds should be made by voucher or check and reflect the case number. Bond

refund checks should not be cashed by the court.

When a defendant does not comply with the conditions of bail and the bond deposit is

ordered forfeited, a voucher or check should be drawn payable to the court and

appropriately receipted to the accounting system. Bond forfeitures should be disposed of

between 28 and 45 days from the forfeiture order date. Bond forfeiture vouchers or checks

should reflect the case number.

10.

Restitution should be deposited in a trust account and all disbursements should be made by

voucher or check with the case number being properly reflected. Restitution should be

disbursed to victims at least once a month.

11.

If the court receives garnishment checks, the checks should be deposited in a trust account

and all disbursements should be made by check with the case number properly reflected.

The court should maintain an accurate record of receipts and disbursements of

garnishments.

12.

Friend of the court (FOC) credit balances and posting errors. There may be instances where

a support payment is misapplied or otherwise sent to a recipient in error. An FOC office

may advance money to remedy any FOC misapplication of a case’s funds. The process to

obtain local reimbursement through the MiSDU is set forth in the Office of Child Support

(OCS) IV-D Memorandum 2005-023 (Revised: Use of State Make Whole Funds). If a

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custodial parent is overpaid, the FOC may attempt to recover the erroneously disbursed

funds from the custodial parent. SCAO Administrative Memorandum 2010-03 provides

policies and procedures to help FOC offices correctly process payments when more money

has been disbursed than was due under the order.

13.

Clerks of state courts must file IRS Form 8300 if a single deposit of $10,000 or more in

cash is made toward the bail of one or more individuals charged with certain criminal

offenses.

Collection of Court-Ordered Financial Obligations

For each individual authorized to make time or installment payments of court-ordered

financial obligations, records should be maintained that indicate the case number, payer’s

name and address, date of sentence/disposition, amounts assessed, payment terms receipt

date, receipt number, receipt amount, and balance due.

The court must have a collections program in place. For details, refer to Administrative

Order 2010-1, Court Collections Program Requirements, Court Collections Program

Models, and Court Collections Program Components and Details.

The court should have a policy for the priority of payment for application of installment

payments received that is in accordance with applicable statutes.

All case file balances should be paid in full prior to closing a case where financial

obligations have been ordered unless otherwise closed by a court order.

Suspected Embezzlement

If embezzlement is suspected, or if irregularities appear in court financial records, the chief

judge of the court should immediately contact the State Court Administrative Office

regional administrator. The regional administrator will contact the appropriate law

enforcement agencies (usually the Michigan Attorney General’s Office and Michigan State

Police) to begin a criminal investigation, if such action is deemed necessary. In addition,

the State Court Administrative Office may arrange for an audit (typically conducted by the

Supreme Court auditors), if necessary. The law enforcement agencies and auditors will

work with local court employees, management, and judicial staff to expeditiously complete

the investigation and audit. During the investigation and audit, court staff should not talk

to any suspect (if known), any other court staff, or others until given permission by the

aforementioned agencies.

Complaints alleging embezzlement from citizens, support recipients, and defendants

should be reviewed by court management. Special attention should be paid to (1)

complaints about payments not being properly credited to case records or (2) complaints

that payments made to the court that were payable to another individual or organization

were not received by that individual or organization.

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6-06 Funding Problems for Multi-Location Courts

Multi-location trial courts experience unique funding problems. In many cases, the chief judge and

court administrator must perform budgetary responsibilities with the governing body of the local

governmental unit at each court location.

The following statutes allow local governmental units to agree to share court expenses.

District Courts

One or more district funding units within any district may agree among themselves to share

any or all of the expenses of maintaining, financing, or operating the district court. MCL

600.8104(3).

Intergovernmental Transfers of Functions and Responsibilities Act

Pursuant to the Intergovernmental Transfers of Functions and Responsibilities Act, two or

more political subdivisions are authorized to enter into a contract with each other providing for

the transfer of functions or responsibilities to one another or any combination thereof upon

consent of each political subdivision involved. MCL 124.531 et seq.

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6-07 Funding Unit Disputes

Introduction

In the area of fiscal management, disputes between trial courts and their local funding units

concerning adequate funding for the operation of the trial court can create a very trying

situation for the court and local governmental officials. See also Section 5-04.

Obtaining Funding from Local Government

Through Michigan Supreme Court Administrative Order (AO) 1985-6, adopted

contemporaneously with issuance of Second Dist v Hillsdale Co, 423 Mich 705 (1985), the

Michigan Supreme Court established the procedure trial courts must follow to obtain

funding from the local governmental unit to properly perform their duties. AO 1998-5 (as

amended effective June 4, 2014) replaces AO 1985-6. See also Section 5-02 for

information about funding disputes involving personnel.

General Procedure Regarding Disagreement on Funding

In the Hillsdale Co case, the Michigan Supreme Court generally held that when an

agreement cannot be reached between a court and a funding unit, the court may initiate suit

and shall bear the burden of proof regarding expenditures in excess of appropriations.

Pursuant to the procedure in AO 1998-5, the state court administrator will assign a

disinterested judge to preside over the action.

Before initiating legal action, however, the trial court must notify the state court

administrator pursuant to AO 1998-5. The state court administrator, through the regional

state court administrator, will attempt to aid the court and the local funding unit to resolve

the dispute.

How to Avoid Funding Disputes

The most effective method of handling funding disputes is to avoid them. However, this is not

to suggest that courts should concede to inadequate resources. It does mean that cooperatively

establishing appropriate funding levels with the executive and legislative branches is the best

guarantee that the court will consistently obtain required resources.

Fundamentals in Establishing Favorable Relationships with Funding Authorities

There are two fundamentals in establishing a favorable relationship with funding

authorities: (1) realistic requests and (2) continuous, effective communication.

Realistic Requests

Whether a request is realistic must be defined on a case-by-case basis and must be

assessed in the context of the local fiscal situation. Requesting or demanding substantial

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budgetary outlays at times when a funding unit is in financial crisis, particularly if the

need for the outlays is not well substantiated, may not be realistic.

Continuous and Effective Communication

Communication is the key to public understanding of the business of the courts and,

therefore, an appreciation of its needs. Too many of the public and those in other

branches of government see courts as an agency like any other in the executive branch

or department. It is the responsibility of the court to ensure that the public and other

branches of government have an understanding of the constitutional independence of

courts.

Furthermore, each court must help others understand the critical responsibilities it has

to (1) mange records and information, (2) make decisions and (3) enforce its decisions.

The court must help the funding unit understand which resources the court must have

in order to manage its workload and carry out its constitutional and statutorily mandated

responsibilities.

Studies of the budget decision making process in state governments show that the most

important factors influencing legislative decision making on budget matters are not

demonstrated need or workload statistics, but rather the availability of funds and

credibility of the entity requesting funds.

Communication with the funding unit should be ongoing, not just when budgeting, and

not just at times when the court is asking for additional resources. Courts have

accomplished ongoing communication in a variety of ways, including issuing annual

reports (with data regarding workload) and conducting regular meetings with the

funding unit or a court advisory body.

Court Working Days and Hours

Court working days and hours must be set by the chief judge pursuant to MCR

8.110(D). Any court closure due to a fiscal emergency must be approved by the chief

judge and submitted in the form of a local administrative order to the State Court

Administrative Office for approval.

Early Negotiation

At the earliest sign of disagreement over funding levels for court operations, the chief judge

and/or court administrator should attempt negotiations with key executive and legislative

officials. It is recommended that both the chief judge and court administrator be closely

involved in all such negotiations. The chief judge is, by rule, ultimately responsible for

operation of the court and is, therefore, the chief policymaker. Where a court administrator

exists, the court administrator should be a policymaker as well and is primarily responsible for

policy implementation.

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Involve Your Regional Administrator

The regional administrator of the State Court Administrative Office should be notified

immediately upon the first sign of any difficulty in budget negotiations (if not involved up to

that point). The earlier the regional administrator can become involved, the easier it will be for

the State Court Administrative Office to provide assistance in budget negotiations.

Accordingly, it is advisable to keep the regional administrator informed of all proceedings

relating to the budget, even though that office may have no direct involvement in the budget

preparation or negotiation process until a later time, or not at all if problems do not develop.

The chief judge or court administrator of a local trial court may request direct assistance or

intervention by the SCAO regional administrator at any time during the process. The regional

administrator will respond based on the analysis of the specific situation. This could include

information meetings, direct mediation, outside mediation, or negotiation.

Third-Party Mediation

Resources

The State Court Administrative Office and the Michigan Association of Counties have

established a network of volunteer judges and county commissioners who, upon request of

the State Court Administrative Office and the Michigan Association of Counties, will act

as mediators to assist in resolving disputes that cannot be resolved otherwise. This

procedure has been employed prior to legal action and upon agreement of the parties after

a lawsuit has been commenced and can be started by a request from the chief judge to the

regional administrator.

Selection, Expenses, and Procedures

Selection of Mediators Based on Voluntary Participation

The procedure requires voluntary participation by the trial court and the funding unit.

The regional administrator will select a judge-mediator and the Michigan Association

of Counties will select a commissioner-mediator.

Expenses

Mediation expenses will be paid by the funding unit.

Procedures

Procedures for the mediation will be established on a case-by-case basis by agreement

of the parties and the mediators. Any recommendations or decisions by the mediation

panel are not intended to be binding unless the parties stipulate otherwise. No

procedural rules exist relating to the admissibility of the mediators’ findings or

recommendations in any subsequent or pending lawsuit. Accordingly, to the extent that

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those issues are important to the parties, they should be addressed at the beginning of

the mediation process. Mediation can be invoked at any time by agreement of the

parties involved, and the procedures can be adjusted to fit the circumstances of the

dispute under consideration. However, since mediators are volunteers and must take

time from their regular duties, third-party mediation should not be overused.

Lawsuit as Last Resort

Notice to State Court Administrator of Intent to File Lawsuit

If a trial court determines that no other recourse is available, it may choose to file a lawsuit

against the funding unit. A letter providing notice should be directed to the state court

administrator, with a copy provided to the regional administrator. The letter should indicate

what efforts have been made to resolve differences over budget matters and a summary of

the substance of the dispute that will be the subject of the lawsuit, as well as any other

matters the trial court deems relevant.

Intervention

In most cases, the matter will be referred to the appropriate regional administrator for

intervention. The regional administrator may employ one of several methods, including an

analysis and opinion regarding the budget request and the response from the funding unit,

attempts at informal negotiation, and/or mediation, and/or referral to third-part mediation.

Case Law

Judges of the 74th Judicial Dist v Bay Co, 385 Mich 710, 723-724 (1971)

In this case, the Supreme Court held that “[e]mployees of the district court are employees

of the judicial district, an administrative unit of the state’s one district court, which in turn

is a subdivision of Michigan’s one court of justice. They are not employees of the county,

city or other district control unit, even though they are paid by the district control unit. A

collective bargaining agreement, executed by a county board of commissioners, as an

employer cannot and does not bind a judicial district.” Distinguished by AFSCME Council

25 v Wayne County, 292 Mich App 68, (2011), which holds the statute giving county clerk

authority to make court clerk assignments does not take precedence over the judicial

branch’s inherent constitutional powers including the authority to assign/select a particular

court clerk to serve in the judge’s courtroom.

Livingston Co v Livingston Circuit Judge, 393 Mich 265, 272 (1975)

In this case regarding labor negotiations, the Supreme Court stated that “the best practice,

in general, especially at initial bargaining sessions, is for the local judiciary to invite a

representative of the commissioners to appear personally at such sessions. The

commissioners’ representative cannot actively bargain, of course, but such representative

may present relevant data as to other county employees, e.g., wage levels for comparable

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jobs, provisions in other labor contracts, general county benefits, and county budget

information.”

Employees and Judge of the Second Dist Ct v Hillsdale Co, 423 Mich 705, 717-725

(1985)

In this landmark case, the Supreme Court held that a trial court “has the authority to set

salaries for court personnel which, if reasonable and ‘within appropriations,’ must be

approved by the control unit[.]”

The Supreme Court also held that a local funding unit “may not refuse to provide adequate

funding to fulfill [a] function” of the court where the Legislature has, by statute, granted

authority or created a duty for the court.

However, the Supreme Court ruled that: (1) the district control unit had authority to decline

to fund salary increases for district court employees who were not alleged or proven to be

necessary to maintain statutory function of the court or to provide for overall administration

of justice, and (2) the trial court was not authorized to issue administrative orders to compel

appropriations for salaries of court employees.

The Supreme Court said that when an agreement cannot be reached between a court and a

funding unit regarding a court’s budget, the court may initiate suit and must bear the burden

of proof that the appropriation sought is necessary in performing its statutorily mandated

function.

Previously, AO 1985-6 set forth the requirements for a trial court before it could file suit

against its funding unit. It was replaced by AO 1998-5 (as amended effective June 4, 2014).

Seventeenth Dist Probate Ct v Gladwin Co Bd of Comm’rs, 155 Mich App 433 (1986)

Citing Hillsdale Co, 423 Mich at 721-722, this consolidated case states that “all courts

possess[] an inherent power to compel expenditures beyond sums appropriated by the

county board.” The Michigan Supreme Court has articulated the procedure that trial courts

must follow in pursuit of their inherent power in 46th Circuit Trial Court v Crawford Co,

476 Mich 131 (2006), discussed below.

Ottawa Co Controller v Ottawa Probate Judge, 156 Mich App 594, 603-605 (1986)

In this case, the Court held that, despite statutory language that might be construed as

empowering a county board of commissioners to set the salaries of certain probate court

employees, the doctrine of the inherent powers of the judiciary provides the probate judge

with the authority to set salaries of probate court employees, so long as the court’s total

budget remains within the total budget appropriation set by the county board.

This case involved a non-union situation where the court had determined the appropriate

salary levels it wanted to pay certain employees. In cases likely to result in litigation,

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consultants are useful in establishing the foundation required to prove that the court’s

proposed salary levels are reasonable and necessary.

Judicial Attorneys Ass’n v Michigan, 459 Mich 291, 299-303 (1998)

In this case brought by unions, the Supreme Court held the statutory provisions designating

county, or county judicial council, as “employer” of court employees and dividing

personnel responsibilities between county and chief judge violated, on their face, the

separation of powers doctrine.

The Court said that “the fundamental and ultimate responsibility for all aspects of court

administration, including operations and personnel matters within the trial courts, resides

within the inherent authority of the judicial branch.” Further distinguished by AFSCME

Council 25 v Wayne County, 292 Mich App 68, (2011), which supports the previous finding

holding that the statute giving county clerk authority to make court clerk assignments does

not (emp. added) take precedence over the judicial branch’s inherent constitutional powers

including the authority to assign/select a particular court clerk to serve in the judge’s

courtroom.

Lapeer Co Clerk v Lapeer Circuit Court, 469 Mich 146, 163 (2003)

In quoting Allor v Bd of Auditors of Wayne Co, 43 Mich 76, 97 (1880), the Supreme Court

held: ‘“[n]o court, in the exercise of its functions, can be lawfully subjected to the control

or interference of any executive or ministerial authority, or can receive directions for any

purpose except from such other courts as are authorized by the Constitution to have

‘superintending control over inferior courts.’ No court has a right to allow any other

interference or to submit to it.’”

46th Circuit Trial Court v Crawford Co, 476 Mich 131, 149 (2006)

In this case, the Supreme Court held that in litigation to compel funding by the county, a

plaintiff court must prove by clear and convincing evidence that the requested funding is

both reasonable and necessary and must demonstrate that the overall operation of the court

or a constitutional function is in jeopardy because of the actions taken by the funding unit.

The court decided the inherent powers claim must set forth findings of fact identifying

specifically those judicial functions that will be in jeopardy if the appropriation sought is

denied, and must set forth conclusions of law indicating why such functions implicate the

constitutional responsibilities of the judiciary. The justices disagreed on what level of

funding can be mandated as necessary to meet constitutional requirements.

Regarding the issue of attorney fees, on remand the Court of Appeals held that the funding

unit is responsible for the attorney fees of both sides. See 46th Circuit Trial Court v

Crawford Co (On Remand), 273 Mich App 342 (2006).

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6-08 Alternative Funding Sources – Grants

Introduction

The principal funding source for most court operations is a general appropriation from the

court’s funding authority. However, occasionally there is an opportunity to obtain funds for

court operations or projects for research on improvement of court operations from alternative

sources. These alternative sources may be another governmental entity or, in some cases, a

foundation or charitable institution. Alternative funds will be categorized for purposes of this

discussion into entitlements and grants.

Entitlement Funds

Administration

Entitlement funds are administered by other government units, usually the state or federal

government, and are earmarked for the subsidization of specific activities of the local

government. Often, a state government agency will administer federal entitlement funds

according to specific guidelines set by the federal agency responsible for administration

and distribution of funds.

Restrictions in Use

Typically, entitlement funds are suitable for reimbursement of governmental activity based

on the character and nature of the recipient agency or based on the nature of the activity

alone. In either case, use and performance restrictions or guidelines apply. This is because

entitlement funds are almost always intended to encourage an activity or activities of a

specific nature (e.g., child support enforcement) or to benefit a class of persons or

organizations (e.g., local government).

Eligibility

Rules relating to eligibility for these funds are promulgated, distributed, and enforced by

administering agencies, usually a state agency (with guidance from federal agencies, if

federal funds are involved). If the potential recipient fails to meet performance, record

keeping or eligibility criteria for any given funding period, funds will be withheld or in

some cases must be returned. Rules change frequently, often with each funding period, and

recipients should make sure they are aware of the current rules.

Contacts

Some of the agencies that may have available entitlement funds are listed below. The list

is not exhaustive, and you may wish to contact your State Court Administrative Office

(SCAO) regional administrator for further information.

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Michigan Department of Health and Human Services, Office of Child Support

The Office of Child Support administers federal funds for reimbursement of a

percentage of administrative costs associated with the collection of child support. In

addition, the office administers funds paid as incentives for efficient collection of child

support. See also Section 6-09.

Michigan Department of Health and Human Services

Office of Child Support

P.O. Box 30478

Lansing, MI 48909

517-373-9202

b. Michigan Department of Health and Human Services, Federal Compliance

Division

The Federal Compliance Division administers the Child Care Fund, State Ward Board

and Care, and Aid to Dependent Children in Foster Care, which are used to reimburse

counties for the placement of children in foster care or other residential programs. See

also Section 6-10.

Michigan Department of Health and Human Services

Federal Compliance Division

235 South Grand Avenue, Suite 1013

P.O. Box 30037

Lansing, MI 48909

517-335-6151

c. Michigan Department of Corrections, Finance Division

The Michigan Department of Corrections’ Finance Division administers a state-

mandated program to reimburse circuit courts and prosecutors for costs associated with

the prosecution of inmates of state prisons located within the jurisdiction of the court

in which the prosecution takes place. See also Section 8-08, H.

Michigan Department of Corrections, Finance Division

P.O. Box 30003

Lansing, MI 48909

517-335-3010

The offices listed above should be contacted for specific guidelines relating to the funds

cited.

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The SCAO makes periodic announcements regarding the availability of and rules

pertaining to funding. If courts would like assistance in determining the existence of

entitlement funds, contact the SCAO regional office.

Grants

Introduction

Grant funding can be an excellent source of funding to supplement local general fund

appropriations and entitlement funds. However, general appropriations (and service-related

revenues) should always be viewed as the primary source of funding for basic operations.

Entitlement funds can usually be viewed in the same manner.

Administration

Grant funds are typically awarded for specific activities or projects upon application for

limited periods of time, and are often restricted to new or experimental activities.

Restrictions on use and application requirements vary widely depending upon program and

funding sources. Grant funds available to judicial agencies from the federal government

are often administered by state agencies pursuant to annual plans submitted by those state

agencies.

Eligibility

Most federally supported programs require contributions by grantees of a resource “match”

for the grant project, either in the form of the use of existing resources for the project or

the use of added local resources. Grant funds available from private foundations, on the

other hand, do not universally require matching resources to be contributed by the recipient.

The restrictions applicable to private foundation grants vary widely and should be

considered carefully prior to application.

Restrictions in Use

In almost all cases, grant funds are available for limited periods for individual projects.

Many governmental grant programs require periodic legislative renewal and may,

therefore, exist for only a few years.

Because of these restrictions, grant funds should never be viewed as a source for funding

basic or ongoing operations. Rather, grants are best used as resources for testing new

programs, evaluating existing programs or funding research and planning activities.

Managers should anticipate that, at the end of a grant period, general appropriation funds

must be obtained to continue project activities if it is determined the project is worthwhile

and that activities of the project should be maintained over a period of time.

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Contacts

Private Sources

Grant funds are also available from private sources, usually foundations set up

specifically to provide resources to worthy programs in specific substantive areas. For

example, the Michigan State Bar Foundation awards grants for projects that benefit the

legal system, while the Edna McConnell Clark Foundation has funded many projects in

the area of juvenile justice. Another resource is The Michigan Foundation Directory,

which is available through the Council of Michigan Foundations. This guide contains a

complete list of all Michigan Foundations and Michigan Corporate Giving Programs.

Most foundations have annual goals for targeting the available funds in that year to

certain projects. Some foundations have limits on the amounts available per grant, and

some have geographic limitations. Each foundation should be contacted to determine

the rules for application for funding. There are numerous directories and guides

regarding private foundation funding. One resource is the Foundation Directory,

available from the Foundation Center in New York.

State and Federal Sources

Several state and federal offices offer grant funding of justice system improvement

activities. Some of the offices are listed below. Contact each office to obtain current

information regarding grant programs.

Michigan State Police

The Michigan State Police administers the Michigan Justice Training Fund, which

provides grants for the in-service training of criminal justice personnel in law

enforcement, prosecution, corrections, defense, and the judicial branch.

Michigan Commission on Law Enforcement Standards

P.O. Box 30633

Lansing, MI 48909

517-322-1417

2) Michigan Department of Health and Human Services, Bureau of Juvenile

Justice

The Juvenile Justice Grant Unit administers grant funds from the federal Office of

Juvenile Justice and Delinquency Prevention through the Juvenile Justice and

Delinquency Prevention Act.

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Michigan Department of Health and Human Services

Juvenile Justice Grant Unit

P.O. Box 30037

Lansing, MI 48909

Michigan Department of Health and Human Services, Office of Child Support

The Office of Child Support is responsible both for certain entitlement funds

for reimbursement of activities relating to child support and is also a conduit

for federal grant programs relating to child support activities.

Michigan Department of Health and Human Services

Office of Child Support

P.O. Box 30037

Lansing, MI 48909

517-373-9202

4) Michigan State Police, Office of Highway Safety Planning

The office of Highway Safety Planning administers federal highway safety fund

grants. The office has funded several projects for courts and prosecutors relating to

the improved operations of court handling of traffic cases, particularly OUIL cases.

Office of Highway Safety Planning.

P.O. Box 30634

Lansing, MI 48909

517-241-2500

State Justice Institute

The State Justice Institute was created by the State Justice Institute Act of 1984,

Public Law 98-620, and is authorized to award grants, cooperative agreements and

contracts to state and local courts and others to improve the administration and

quality of justice in state courts. See 42 USC 10701.

State Justice Institute (Headquarters)

11951 Freedom Drive, Suite 1020

Reston, VA 20190

571-313-8843

Michigan State Police, Grants & Community Services Division

This office is responsible for administering Anti-Drug Abuse Act law enforcement

grants to provide funds to assist state and local governments to carry out specific

programs that offer high probability of improving operation of the criminal justice

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system and enhancing drug control efforts. Funds are administered under the

Edward Byrne Memorial Justice Assistance Grant.

Michigan State Police

Grants & Community Services Division

7150 Harris Drive

P.O. Box 30634

Dimondale, MI 48821

517-373-2960

U.S. Department of Justice, Bureau of Justice Assistance

The Bureau of Justice Assistance was created to help state and local governments

reduce violence and restore security in neighborhoods and improve the efficiency

and effectiveness of the criminal justice system. The bureau provides a variety of

grant opportunities related to local crime initiatives and drug issues.

Bureau of Justice Assistance

810 Seventh Street, NW

Washington, DC 20531

202-616-6500

FAX 202-305-1367

E-mail: [email protected]

Problem Solving Courts

The State Court Administrative Office welcomes Michigan trial courts to apply for

the various state and federally funded problem-solving court grants available

through its Field Services division. Grants are available to both current and future

court programs related to the use of therapeutic jurisprudence dealing with drug-,

alcohol-, and mental health-related charges. See Grants and Funding for details.

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6-09 Cooperative Reimbursement Program

Definition and Purpose

The Cooperative Reimbursement Program (CRP) is a contractual agreement between the

Office of Child Support (OCS), the Michigan Department of Health and Human Services, and

the county and circuit court for the provision of federally mandated (IV-D) child support

services through the friend of the court (FOC) office. In general, IV-D child support services

include activities to establish, enforce, account for, and collect child support in cases where a

party to a domestic relations case has requested IV-D services. The contract specifies the

responsibilities of each party for services, reporting requirements, and financial participation.

45 CFR 302.34; MCL 400.233.

General Procedures

Each year the FOC, upon authorization of the county board of commissioners and the circuit

court, submits an application to OCS for reimbursement of IV-D related activities. The

application sets forth the activities to be performed, the personnel needed, the other IV-D

related office activities and a budget which estimates IV-D expenses, along with a breakdown

of state and local shares of those expenses. After review and negotiations, if necessary, by OCS

and the local signatories, a contract is prepared that outlines services to be provided, expenses

to be reimbursed, and the respective parties’ shares of those expenses. Upon execution of the

contract, the FOC performs the services and submits monthly reports to OCS for

reimbursement of expenses, as provided in the contract.

Contract Terms and Development

Due to the ever-changing laws in the child support enforcement field, terms of the contract

change periodically to reflect those changes. The minimum level of state reimbursement of IV-

D expenses is established by federal regulation. That level has gradually reduced since the

inception of the program, with present regulations providing for a floor of 66 percent state

funding as of 2008.

Financial Benefits to County and Court

The CRP assists the local jurisdiction in the funding of friend of the court offices.

Reimbursements made pursuant to the contract offset specific friend of the court expenditures.

The federal IV-D program also provides incentive payments to child support enforcement

agencies. Incentive payments are based on five factors; establishing paternity, establishing

support orders, collecting current support due, collecting arrears due, and cost effectiveness.

The incentives are passed through to the county based on a formula developed and promulgated

by OCS. These incentive payments serve as another friend of the court generated revenue that

may be used by the local jurisdiction to offset the local costs of the IV-D program and other

FOC mandated services. 45 CFR 303.52.

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6-10 Funding Sources and Collections for Court and State Wards

Funding Sources

There are currently four funding sources for the care of children and youth. A combination of

the child’s legal status, family financial circumstances, and placement needs strictly determines

which funding source is used to pay for placement and other related services. For further

information, see the Michigan Department of Health and Human Services’ Children’s Foster

Care Manual, FOM 901 et seq.

The following are explanations of each fund.

County General Fund

The primary source of funds for care of minors who are in court custody is the local county

general fund.

County Child Care Fund

The county treasurer is the specifically designated custodian of the Child Care Fund

and must deposit in it all funds raised by the county (general fund) for the care of the

children. This includes costs for minors not under the jurisdiction of the court but

served by the local MDHHS office, and minors who are under the jurisdiction of the

court. Money returned to the court for foster care of children by the state or the parent

must also be deposited in this fund. MCL 400.117c.

State Child Care Fund Account

This account is not used for direct payment of child-care expenses. Its use is limited to

reimbursement of county Child Care Fund expenditures after they have been incurred and

reported.

Reimbursable Expenditures

Child Care

Reimbursable Child Care Fund expenditures fall into the following categories.

Post-Termination Care

These include foster care costs, not including administrative costs, incurred by

the placing agency for up to 30 days after termination, while the foster parent

decides whether he or she will request to adopt the child.

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County Operated Child-Care Facilities

Reimbursement is limited to the operating cost of the facility. There is no

reimbursement for capital expenditures.

Out-of-Home Care for Court Wards

Cost for the direct services to court wards placed in foster care, institutional

care, or independent living are generally reimbursable. Judicial or court

administrative costs are not reimbursable.

In-Home Care

Most costs are reimbursable, except judicial costs incurred in reducing out-of-

home days of care through an approved program. These costs are limited to

services which prevent the need to place a youth out of the home or to facilitate

the early return of a youth to his or her home.

Basic Grant (for early intervention to treat delinquency and neglect)

Counties having a population of less than 75, 000 are eligible for a Basic Grant of

$15,000. The Basic Grant Program must be approved annually by the Michigan

Department of Health and Human Services (MDHHS). The program must be a new or

expanded service for youth who are within or likely to come within court jurisdiction.

The grant is a state reimbursement for up to $15,000 of county expenditures for

approved programs.

Cost Share

The cost share for pre-adoptive care and the Basic Grant is 100 percent state. The cost

share for certain costs incurred for county-operated child-care facilities, out-of-home

care for temporary court wards and in-home care is 50 percent state and 50 percent

county. Permanent court wards are paid through State Ward Board and Care, which is

50 percent state and 50 percent county. Expenditures that qualify for state

reimbursement of 50 percent are detailed and described in the Child Care Fund Rules

(R400.2001-400.2048). For more information, contact your local county MDHHS

child-welfare funding specialist.

Billing/Payment Procedure

In each of the above types of care or service, county funds are used to pay the provider.

The county must electronically submit Form DHS 207 for state reimbursement in the

ratios stated above.

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Title IV-E – Federal Funding Source for Children in Foster Care

This federal funding source is administered by the MDHHS. Payment is made by the state.

Eligibility

For a child’s case to be eligible for Title IV-E funding, all of the following criteria must

be met.

The child must meet specific Title IV-E eligibility criteria as determined by

MDHHS under former AFDC program eligibility requirements.

If the child is a court ward (not committed to the state through Act 150, Act 220, or

Act 296, MCL 803.301 et seq. or MCL 400.201 et seq.), the court order must place

the child under the “placement, care and supervision” of MDHHS.

The court order must state and provide case specific factual support that:

it is contrary to the welfare of the child to remain in the home of the parents

(required in first court order removing child from home), and

reasonable efforts have been made to prevent removal or return the child to the

home, or that reasonable efforts are not required due to aggravated

circumstances (required within 60 days of the child’s removal from the home).

The child must be placed in a Title IV-E fundable placement. Title IV-E fundable

placements are licensed family foster homes (including licensed relative homes),

private nonprofit child-caring institutions, and treatment facilities operated by the

MDHHS.

Cost Share

The cost share depends on whether the child is a juvenile justice placement or a neglect

and abuse placement, whether the child is committed to the custody, care, and

supervision of MDHHS, and the child’s legal status. For licensed foster homes and

private child-caring institutions, the cost share is approximately 50 percent state and 50

percent federal. Locked facilities are not eligible for federal funding.

Billing/Payment Procedures

For children in placement eligible for 50 percent federal, 50 percent state funding, the

state pays costs and claims federal reimbursement. There are no county costs.

State Ward Board and Care (Non-Title IV-E)

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This is the primary funding source for state wards. Payment is made by MDHHS.

Eligibility

This is the fund used for youth committed to the state and accepted through MCL

803.301 et seq. for delinquency proceedings (also known as Public Act 150 wards) or

MCL 400.201 et seq. for child-protection proceedings (also known as Public Act 220 or

Public Act 296 wards) when the youth is not eligible for Title IV-E or is not in a Title

IV-E fundable placement.

Cost Share

The cost share is 50 percent state and 50 percent county.

Billing/Payment Procedures

The state incurs the cost of care if it is provided by state staff and pays for the care if it

is provided by a family foster home or private agency. The state then charges the county

50 percent of the cost.

Collections

Collections from Parents, Guardians, and Custodians for Reimbursing Cost of Care

Authority

The court has the authority and the responsibility for collecting the cost of care or

service for all minors served by the court or placed by the court with the state. MCL

712A.18(2),(3). See Order for Reimbursement, form JC 38.

Collection Fee

In most instances, the court may retain 25 percent of the amounts collected as a result

of court-ordered reimbursement for Child Care Fund expenditures. A 25 percent

administration fee does not apply to collections received from Social Security,

veterans’ benefits, child support/Title IV-D funds, or other government benefits. MCL

712A.18(2).

Collection Share

Money collected by the court for Child Care Fund expenditures must be shared with

the state in the same ratio as the cost of care is shared. Money collected by the court

for youth funded through the Child Care Fund is retained by the court. A 25 percent

administration fee is deducted from the amount collected and the remaining 75 percent

is reported as revenue on the monthly reporting form for state reimbursement. DHS

207.

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State Ward Board and Care

Nongovernmental money collected for youth funded through the State Ward Board and

Care account may be either retained by the court and reported to the state, or the court may

retain the 25 percent administration fee plus 50 percent of the remaining amount and send

the remaining 50 percent to the state.

Title IV-E

Money collected by the court for youth funded through Title IV-E may be retained and

reported in the same manner as described under State Ward Board and Care. A 25 percent

administration fee is retained and the remaining 75 percent is either retained and reported

or submitted to the state in the same ratio as costs are shared.

Title IV-D

Money collected by the friend of the court on behalf of the circuit court family division

will be processed according to the procedure set forth in Section 6-09, Cooperative

Reimbursement Program.

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6-11 State Grants for County Juvenile Officers

Introduction

The powers, duties, and compensation of county juvenile officers of the probate courts are

prescribed in MCL 700.251. Under the statute, funding for the employment of county juvenile

officers and assistant county juvenile officers is available through: 1) state salary and state

fringes, 2) state salary (county fringes), and 3) state grant payments. Each county is allowed

one county juvenile office. The number of assistants is based on county population.

Authority

Payment policies and procedures for county and assistant county juvenile officers have been

developed by the Michigan Department of Health and Human Services (MDHHS). Person

employed as county juvenile officers or assistant county juvenile officers as of October 1, 1980

were required to choose one of the three funding options. Individuals employed after October

1, 1980 can be paid by state grants only. MCL 400.251-400.252.

Payment System

The amount of the grants for county and assistant county juvenile officers is set forth in statute

and is based on county population. Population is defined as the most recent population

projection issued by the Department of Technology, Management, and Budget for the state.

Grants are adjusted annually by the same percentage as the annual salary adjustment made for

state civil service employees who are excluded from representation under civil services rules.

Grant payments constitute full payment of the state obligation for the salary, expense, and

fringe benefits of the county juvenile officer or assistant. MCL 400.253.

County juvenile officers employed before October 1, 1980 who initially selected funding under

the salary options may change to funding under state grants. However, once funding under

state grants has been assigned, funding may not be reverted back to the salary options.

Reporting Use of Grant Money

Grant payments are made in advance on a quarterly basis. At the end of each quarter, the county

treasurer must submit a certified expenditure report (DHS 56) to the Michigan Department of

Health and Human Services, Payment Document Control Division. This form identifies the

amount paid and the position(s) or individual(s) under the grant during the quarter. It is used

to certify that the full amount of the grant was applied to salaries, expenses, and fringe benefits

for only those individuals designated as county juvenile officers or assistants.

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If in any quarter the full amount of the grant was not applied to salaries, fringes, and expenses

of the designated individuals, appropriate adjustments will be made during the following

quarter.

The Michigan Department of Health and Human Services, Bureau of Planning and Fiscal

Oversight will supply reporting forms to county treasurers. See also Section 5-22.

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6-12 Friend of the Court Office Funds

The Friend of the Court Act provides that the chief judge shall set the salaries and expenses of the

friend of the court and they shall be paid from the County General Fund and the Friend of the

Court Fund. MCL 552.527. The Michigan Department of Treasury’s uniform chart of accounts

categorizes the Friend of the Court Fund as type 215.

Friend of the court offices generate revenue through reimbursement programs and statutory fees

that offset a significant share of the office’s costs. Monies generated by the office are usually

designated to go to either the county general fund or the Friend of the Court 215 Fund.

All circuit courts have Title IV-D Cooperative Reimbursement Program (CRP) contracts with the

state of Michigan and receive federal reimbursement for eligible expenses on activities conducted

by friends of the court on Title IV-D cases. Contracts require that certain costs and fees that a court

receives must be used to reduce the amount billed for reimbursement. Those amounts received are

referred to as “program income.”

Because amounts paid to the court as result of IV-D activity may need to be deducted from

expenses billed under the CRP contract, to assure proper billing it is important to identify whether

revenue received by the court resulted from services associated with a IV-D activity. Amounts

collected that reimburse non-IV-D expenditures are not program income under the CRP. See

Section 6-09.

County General Fund Revenue

The county general fund receives revenue which may be used to offset the expenses of the

friend of the court from a number of sources.

Cooperative Reimbursement Program (CRP) Payments

The federal government reimburses 66 percent of the net costs of services performed on

Title IV-D cases through the CRP program. This is known as “federal financial

participation” (FFP). The state returns FFP reimbursement for local expenses to the

counties.

Statutory Fee

MCL 600.2538 requires a $3.50 per month fee on all cases where a person is required to

make payments through the FOC or MiSDU. Of the $3.50 fee, $2.25 is transmitted to the

county treasurer (general fund), $.25 is deposited in the state attorney general fund, and $1

is transmitted to the state treasurer for deposit in the state court fund. MCL 600.2538(1)

permits the fee to be charged monthly, quarterly, or semi-annually at the discretion of the

FOC, but the current system design assesses the fee semi-annually on January 1 and July

1, prospectively. The fee does not prorate within a month, but if a court case is closed

before the six-month period expires, the fee should be charged for any whole or partial

month the case remained open.

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Amounts transmitted to the county’s general fund should be used to fund friend of the court

services that are not reimbursable under Title IV-D. If the court uses the funds to reimburse

Title IV-D activities, the court will have to claim that portion of these collections which

paid for Title IV-D services as Title IV-D program income.

Federal Incentives

Federal IV-D incentives are paid to the county based on a formula adopted and revised

periodically by the Michigan Department of Health and Human Services. All Title IV-D

incentive monies received must be spent on the Title IV-D program and not used to

supplant other funding. Federal laws require that incentives supplement funds expended on

Title IV-D and cannot be used to supplant other program funding. 42 USC 658A[f]; 45

CFR 305.35. Although incentives are paid to the funding unit, the funding unit must use all

these incentives for child support services.

Friend of the Court 215 Fund Revenue

The Friend of the Court Fund was created to provide funding for new services and expenses

created by the adoption of the Friend of the Court Act in 1982. Each county is required to

establish this fund. (MCL 600.2530.) As the court’s presiding officer, the chief judge has

supervision of this fund. Because amounts deposited into this fund have restricted uses, it is

important to distinguish Title IV-D funds from non-Title IV-D funds.

Revenue for the fund comes from the following sources.

General Fund Appropriation

The board of commissioners must appropriate all sums in the Friend of the Court 215 Fund,

and must also annually appropriate an amount not less than the total amount appropriated

for the office in the 1982 budget. MCL 600.2530(2).

Judgment and Order Entry Fees

MCL 600.2529(1)(d) requires a party, who files an action involving minor children, to pay

either:

Actions determining custody or parenting time. An $80 fee is assessed. The fee must

be deposited into the Friend of the Court 215 Fund.

Actions determining or modifying support. A $40 fee is assessed. The fee must be

deposited into the Friend of the Court 215 fund.

Sanctions (includes fines and bench warrant costs)

Custody or Parenting-Time Sanctions – MCL 552.644(6) permits a court to impose

sanctions against a party who has acted in bad faith regarding custody or parenting-

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time matter ($250 for a first offense; $500 for a second offense; $1,000 for third and

subsequent offenses). When collected, these should be designated as non-Title IV-D

revenue in the Friend of the Court 215 Fund.

Fines – When a person is found in contempt of court for custody and parenting-time

violations or for nonpayment of support, fines may be imposed. These fines are

deposited into the Friend of the Court 215 Fund.

(1)

Custody and parenting time violations – Upon finding a person in contempt for

violating a parenting-time order, the court may assess a $100 fine. This fine, when

collected, should be designated as non-Title IV-D revenue. MCL 552.644(1)(d).

(2)

Nonpayment of support – Upon finding a person in contempt for violating a support

order, the county may assess a $100 fine. MCL 552.633(1)(g), MCL 552.635(2)(d).

Bench Warrant Costs – The court must assess the costs of issuing a bench warrant to

the party being brought before the court for failure to appear. MCL 552.631(3). Half

the bench warrant costs collected under MCL 552.631, MCL 552.632, and MCL

552.644 are deposited into the Friend of the Court 215 Fund and half is paid to the law

enforcement agency that executes the warrant and makes the arrest. MCL

600.2530(1)(4).

If the officer making the arrest is paid from monies in the Friend of the Court Fund, the

law enforcement share of the costs should be deposited back into the Friend of the

Court 215 Fund to reimburse the expense. If not, the law enforcement agency’s share

of the costs must be sent to the agency that executed the arrest.

Costs collected as a result of an arrest on a warrant issued pursuant to MCL 552.644

for a parenting-time order violation should be designated as non-Title IV-D revenue

and deposited in the Friend of the Court 215 Fund.

Because the law enforcement agency is not known until the arrest, it may be impossible

to pay the costs as provided in the statute. A court may enter a local administrative

order (LAO) that presumes the agency making the arrest is a particular agency, unless

information is presented to the FOC from another agency. When most of the arrests are

in-county, money from the bench warrant costs goes to the same funding unit that funds

both friend of the court and sheriff activities. Any method of accounting for bench

warrant costs should be well documented for future audits.

Driver’s License Clearance Fee (FOC) – When a licensee pays the $45 fee to the court

clerk for reinstatement of a driver’s license that was suspended for a support or

parenting-time violation, $15 must be deposited with the Secretary of State and $30

deposited into the Friend of the Court 215 Fund. MCL 257.321c.

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FOC Investigation Expenses

When a party requests a custody or parenting-time investigation, the friend of the court

may charge the parties an amount for the expense of conducting the investigation pursuant

to standards issued by the State Court Administrative Office (SCAO) and amounts

established in a local administrative order. MCL 552.505(3). When collected, these

amounts must be deposited into the Friend of the Court 215 Fund and should be designated

as non-Title IV-D revenue. See SCAO Administrative Memorandum 2010-05 and Model

LAO 34.

State Incentives

State incentives are paid pursuant to MCL 400.18a. These incentives are determined to be

3 percent of the collections on support assigned to the state under AFDC (now known as

TANF) that are made to the friends of the court. Although these payments have not been

funded in the state budget in the last several years, the statute providing for the incentives

has not been repealed. To the extent the payments are made, they are required to be

deposited into the Friend of the Court 215 Fund.

Other Revenue

No court may assess a fee or charge for a court or friend of the court service unless it has been

authorized by statute or court rule. The prohibition on fee for services does not prevent a court

from assessing costs that are otherwise appropriate based on the specific facts of the case. This

section does not cover remedies associated with the court’s general contempt authority as set

forth in the Revised Judicature Act.

When an amount is assessed for a friend of the court activity pursuant to a statute or court rule

that does not specify where the amount should be deposited, the court should direct the fee be

deposited into the Friend of the Court 215 Fund to increase the funds available for providing

friend of the court services. Amounts deposited into the Friend of the Court 215 Fund that are

not associated with a Title IV-D activity should be designated as non-Title IV-D revenue.

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6-13 Other Funds

Court Equity Fund

The Court Equity Fund was established in October 1996 to provide limited funding for trial

court operations. The fund is disbursed quarterly within the state fiscal year to county

governments, based on a statutory formula that establishes each county’s share. The formula

includes two factors: the caseload activity of the circuit and probate courts and the number of

judgeships in each county. The first factor, caseload, takes into account new cases filed for the

most recent three years in the circuit and probate courts in the county and compares the

county’s proportion of these filings for the three years to the total filings for the state for the

three years. The second factor, number of judgeships, compares the number of judgeships

within the county to total judgeships for the entire state.

The revenue sources to the Court Equity Fund include state general fund appropriations and

multiple sources of restricted revenue that originate from local trial court fees, costs, and

assessments. Each payment from the fund within the state fiscal year will reflect the revenue

deposits to the Court Equity Fund for the preceding quarter. Therefore, quarterly payments will

vary, reflecting fluctuations in court revenues received.

MCL 600.151b.

Drug Case Information Management Fund

The Drug Case Information Management Fund was created by statute effective September 1,

1994. The fund was created to provide a source of funding for timely management and new

reporting to the Secretary of State (SOS) of specific cases. The case types include an attempt

to violate, a conspiracy to violate, or a direct violation of the Public Health Code for drug-

related offenses. Offenses can be charged under either state statute or local ordinance.

The fee to reinstate the individual’s driver’s license is $125, payable to the SOS. Of this

amount, $30 of each license suspension fee for a drug-related conviction is deposited by the

SOS into the Drug Case Information Management Fund. Revenue deposited in the Drug Case

Information Management Fund is dependent upon the number of new drug-related convictions

that carry the license suspension, and the payment of the $125 fee to the Secretary of State to

remove the license from suspension status.

The State Court Administrative Office is responsible for the annual distribution of the fund to

circuit and district courts. Each court receives a proportion of the fund based upon its drug-

related caseload and the statewide caseload for each calendar year. The fund is distributed each

year for the previous year’s fund revenue based on the previous year’s trial court caseload.

Examples of the manner in which funds have been allocated locally include: 1) staff positions

– clerical support, 2) equipment – computers and technology enhancements, and 3) training –

new or existing staff for reporting requirements and electronic systems reporting.

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Revenue received from the Drug Case Information Management Fund should be deposited in

a revenue account set up within the State Grants Section (539-579) of the local Uniform Chart

of Accounts. See Treasury Letter 1998-5, Trial Court Accounts.

MCL 257.323d.

Drunk Driving Caseflow Assistance Fund

The Drunk Driving Caseflow Assistance Fund was created by statute effective January 1, 1992.

The fund was created to provide a source of funding for implementation of new case processing

time guidelines that would promote the timely disposition of cases in which the defendant was

charged with a qualifying drunk driving offense. Offenses can be charged under either state

statute or local ordinance.

The timeline instituted for these cases is as follows: 1) arraignment to be processed within 14

days of arrest, 2) pretrial to commence within 35 days after arrest, or 42 days in single-judge,

multi-location courts, and 3) adjudication of the case within 77 days after arrest. The cases that

qualify for this timeline are all OUIL-related offenses (Operating a Vehicle Under the

Influence of Liquor) where the vehicle is a motor vehicle, snowmobile, or boat.

At the same time the new case processing times were established, the Driver’s License

Reinstatement Fee, payable to the Secretary of State, was raised from $60 to $125. Of the new

higher fee, $30 of each license suspension for an OUIL-related offense is deposited by the

Secretary of State into the Drunk Driving Caseflow Assistance Fund.

Revenue deposited in the Drunk Driving Caseflow Assistance Fund is dependent upon the

number of new OUIL-related offenses filed that carry the license suspension, and payments by

the individuals of the $125 fee to the Secretary of State to remove their licenses from

suspension status.

Annually, each district and municipal court receives a proportion of the fund based upon its

OUIL-related caseload and that of the statewide caseload for each calendar year. The fund is

distributed each year for the previous year’s fund revenue and the previous year’s trial court

caseload. Examples of the manner in which funds have been allocated locally include: 1) staff

positions – magistrate, clerical support, probation, or alcohol screening officer, 2) equipment

– computers and technology enhancements, vehicles for intensive probation, preliminary

breath tests (PBTs), alcohol screening and/or assessment materials, and 3) training – substance

abuse causes and treatment, probation officers.

Revenue received from the Drunk Driving Caseflow Assistance Fund should be deposited in a

revenue account set up within the State Grants Section (539-579) of the local Uniform Chart

of Accounts. See Treasury Letter 1998-5, Trial Court Accounts.

MCL 257.625h(5).

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Juror Compensation Reimbursement Fund

The Juror Compensation Reimbursement Fund was created January 1, 2003, to provide a

source of reimbursement funding to trial courts for legislated increases in juror attendance

compensation. Beginning October 1, 2003, jurors were compensated at new, higher rates (see

MCL 600.1344) and trial court funding units can claim reimbursement biannually from the

fund for the increased expense. Claims are requested in the months of April and October each

year and are submitted into a web-based application at the Michigan Court Application Portal

(MCAP). Disbursements from the fund are made by June 1 and December 1 each year. If total

claims exceed the funds available in the Juror Compensation Reimbursement Fund, claims will

be prorated.

To file a claim with the Juror Compensation Reimbursement Fund, access the Michigan Court

Application Portal (MCAP).

MCL 600.151d; MCL 600.151e.

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7-01 Court Facilities

Authority for Financial Responsibility of Court Facilities

In Michigan, circuit and probate court facilities are the financial responsibility of county

government. MCL 45.16, MCL 46.7. Depending on the class type, district court facilities are

the financial responsibility of either the county or the political subdivision(s) where the court

sits. MCL 600.8261, MCL 600.8262, MCL 600.8263.

Courthouse Design Standards

The Michigan Supreme Court, through Administrative Order 1983-2, endorsed the use of

design guidelines from a 1981 Michigan Courthouse Study for all future construction,

remodeling, or renovation of court facilities in the state.

A decade later the Michigan Court Facilities Standards Project Advisory Committee was

appointed to assist the State Court Administrative Office in the review and revision of the

guidelines. The committee consisted of judges and court administrators at all trial court levels

as well as representatives of local government, the county clerk, the county sheriff, the Bar

Association, academia, and practicing architects. Their work was assisted by the consultants

to the project, Carter Goble Associates, Inc. and Court Works. The resulting court facility

standards, published in December of 2000, incorporate advancements in building technologies

and also address the impact of the rapid changes in information technology that affect efficient

trial court operations. See The Michigan Courthouse: A Planning and Design Guide for Trial

Court Facilities. See also the American with Disabilities Act Standards for Accessible Design.

Because local government is the owner of court facilities, the design process is controlled

locally, without state approval of final design documents, budgets, or schedules. The Supreme

Court, through the State Court Administrative Office (SCAO), however, has a substantial

experience base that can be used to help localities that are planning court facilities to avoid

costly mistakes. The purpose of the standards is to define a process that assures the involvement

of appropriate stakeholders in the decision-making process and to illustrate the critical design

issues and guidelines that when carefully applied by professionals should yield a cost-effective

courthouse with a lengthy useful life.

County Law Libraries

Establishment of Law Library

The requirement for maintaining a law library stems from an original mandate to require a

library in each township or city in the 1908 Michigan Constitution. The mandate was

carried over in the 1963 Michigan Constitution in that support for “public libraries” shall

be funded by fines assessed, collected and applied to the support of public libraries and

county law libraries.

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The Legislature shall provide by law for the establishment and support of public libraries

which shall be available to all residents of the state under regulations adopted by the

governing bodies thereof. All fines assessed and collected in the several counties,

townships, and cities for any breach of the penal laws shall be exclusively applied to the

support of such public libraries and county law libraries as provided by law. Const 1963,

Art 8, §9.

The Legislature shall provide by law for the establishment of at least 1 library in each

township and city; and all fines assessed and collected in the several counties, cities and

townships for any breach of the penal laws shall be exclusively applied to the support of

such libraries. Const 1908, Art 11, §14.

The State Court Administrative Office has compiled a list of recommended minimum legal

resources that a court should make available. See SCAO ADM Memorandum 2016-01.

Alternatives to a traditional law library are discussed below in 7.

Purpose of Funds

The Distribution of Penal Funds to Public Libraries (Act 59 of 1964) does not affect county

law libraries, according to MCL 397.37, specifically the way funds are distributed to them.

It also does not negate the requirement of counties to maintain their own law libraries. The

reference for how county law libraries are to be maintained is contained within statute.

MCL 600.4851(2) indicates the money credited to the county law library fund must be paid

only upon specific order of the court, but only indicates it be used for the “purpose of

establishing, operating, and maintaining a law library for the use of the circuit, district, and

probate courts in the county, and for officers of the court and persons having business in

the courts.” There appears to be no definition in case law as to standards for such

institutions either.

Funding – County Law Library Fund

In each county, the county treasurer shall credit semiannually to a fund to be known as the

county law library fund, from the library fund, an amount as follows:

In counties having a population of 250,000 or more, but less than 1,000,000 inhabitants,

the sum credited shall not exceed for each year $8,500.

In counties having a population of 50,000 or more, but less than 250,000 inhabitants,

the sum credited shall not exceed for each year $6,500.

In counties of 35,000 or more but less than 50,000 inhabitants, the sum credited shall

not exceed for each year $4,500.

In counties of 20,000 or more, but less than 35,000 inhabitants, the sum credited shall

not exceed for each year $3,500.

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In counties of 10,000 or more, but less than 20,000 inhabitants, the sum credited shall

not exceed for each year $2,500.

In counties of less than 10,000 inhabitants, the sum credited shall not exceed for each

year $2,000.

MCL 600.4851(1).

There is no other state funding provided and additional funds, if any, must be supplied by

appropriations by the county board of commissioners of the individual counties.

Funding Source

The funding source for a county law library is fines. The State Court Administrative Office

has established a distribution of fines and costs table that clearly lays out the civil

infractions and ordinance violations that contribute to “Libraries” and how ordinance

violations are split 30 percent and 70 percent between libraries and the political subdivision

respectively. MCL 257.909.

Expenditures – Purpose and Approval by Chief Circuit Judge

All money credited to the county law library shall be paid by the county treasurer only

upon the order of the circuit judge in multi-county circuits or upon the order of the presiding

judge in single county circuits for the purpose of establishing, operating, and maintaining

a law library for the use of the circuit, district, and probate court in the county and for the

officers of the courts and persons having business in the courts. MCL 600.4851(2).

Expenditure Report

The county law librarian, or other person as the circuit or presiding judge shall designate,

shall make a detailed report before January 2 of each year of the sums expended for books

for the county law library. The annual report shall be filed with the county clerk. MCL

600.4851(3).

Alternatives to a Traditional Law Library

Currently available funding for county law libraries precludes most counties from

establishing, operating, and maintaining a physical law library. However, courts should

still make legal resources available. Electronic resources can be made available online for

the public’s use at little or no cost; therefore, a court could allocate the library funds for

space, maintenance, and the identification of electronic resources. At a minimum, a court

should make available federal and state statutes, case law, and court rules.

A court might choose between a partnership with a local legal assistance center or self-help

center or an individual model, and either paper or electronic resources. These resources

should be reliable, accurate, and helpful. The choice of electronic format will require a

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periodic review and assessment of the materials to verify their continued availability and

functionality. The choice of paper format will require each volume to be appropriately

updated and maintained to assure the provision of accurate and timely information.

Partnership with Legal Assistance Centers and Self Help Centers

A few communities are fortunate enough to have colleges or universities with

significant law library resources with which they can partner and refer people. For those

communities who do not, another option is to provide access to a Legal Assistance

Center. Whether within the courthouse or housed in a nearby location, it can be a cost

effective way to provide a county law library service. Resources are available online to

help gather information on the most requested topics. Michigan Legal Help is a helpful

resource for the public as well. There are other Legal Assistance Centers in a number

of communities willing to provide information on recreating that service in any

community.

Independent Model

If an independent model is chosen, the space should be large enough to accommodate

current demand and the type of resources chosen (paper, electronic or combination).

The space should be ADA compliant, well-lit, climate-controlled, and open to the

public for a reasonable number of hours to accommodate demand. Many legal

resources are now available online. If electronic resources are provided, this lessens the

need for physical space occupied by paper resources. Recommended equipment

includes one workstation or table, one chair, Internet access, and printer access or

access to e-mail.

Closing the Court, Court Hours, and Court Holidays

Court Closure

Courts periodically find it necessary to close for brief periods of time for such matters as

staff training, conducting pending inventory, and doing records destruction. See Model

LAO 16 and a sample notice of court closure.

For guidelines on court closure as a result of weather emergency, see Section 7-02, E. See

also Section 6-07.

Court Holidays

The court is directed to observe a specific list of holidays, except those courts which have

adopted modifying local administrative orders. Furthermore, courts are required to

promulgate a modifying administrative order, if appropriate, to accommodate or achieve

uniformity with the holiday practices of local governmental units regarding local public

employees. A judge may continue a trial in progress, however, or dispose of judicial

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matters on any of these specifically listed holidays if he or she finds it to be necessary.

MCR 8.110(D)(2).

Court Hours

The chief judge is required to enter an administrative order establishing the court’s hours.

MCR 8.110(D)(1).

Management and Destruction of Equipment

Personal Computers, Laptops, Notebooks, and Tablets

The chief judge or his/her designee should work with the funding unit to develop a

replacement schedule for computer hardware and software. The court must identify the

responsible individuals for hardware inventory and assessment, procurement and

deployment, ongoing management, and replacement, and proper disposal. These are the

critical events in the life of all technologies.

Office Furniture

The court must continually assess the adequacy of office furniture for their employees.

Improper ergonomics can result in physical maladies that reduce productivity and increase

absenteeism. Working with the funding unit is important to ensure that all employees have

proper office furniture for the tasks they are required to perform.

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7-02 Court Security and Emergency Management

Introduction

Court security is one of the Michigan Supreme Court’s highest priorities. In October 2001, the

Supreme Court asked every court to undertake immediate steps to improve security status.

Each court was asked to provide emergency contact information, review current security plans,

appoint both a court security coordinator and emergency services coordinator, and cooperate

with local emergency management officials.

The Michigan Emergency Management Act was amended to include the judiciary in the State

Emergency Operations Center. These changes formally integrate the judiciary into the state’s

emergency management structure for both state and local activities. These proposals were

incorporated into the antiterrorism legislation enacted in 2002.

In June 2005, the Supreme Court hired its first trial court security specialist. The position is

charged with developing security protocols for Michigan trial courts and advising judges and

court staff on matters relating to court security and emergency management. As part of the

security-related responsibilities, the position conducts threat and risk assessments, performs

research and analysis, and provides training for the judiciary and court staff.

Trial Court Security Coordinator

Each court should appoint a court security coordinator and an emergency services coordinator.

The court security coordinator is responsible for maintaining the court’s security procedures

and coordinating training for court staff. The emergency services coordinator serves as a liaison

with the local emergency services board. The emergency services coordinator ensures that the

court’s contingency plan is carried out in any emergency. The same person could serve as court

security coordinator and emergency services coordinator. However, it is important to establish

a clear line of authority to activate emergency/security responses, such as evacuation.

In a facility with multiple courts, the courts should, if possible, have one person handle these

duties for all the courts. If the court shares the facility with non-judicial agencies, the court

should cooperate with the local funding unit and the other agencies to coordinate security and

an emergency plan. In any shared facility, the chief judge has ultimate authority and

responsibility for the security of areas the court uses.

The name(s) and contact information for court security and emergency services coordinators

should be provided to the State Court Administrative Office and appropriate local law

enforcement and emergency services personnel.

For additional information, contact Dennis Mac Donell, Court Security Specialist, Michigan

Supreme Court at (517) 373-2199 or macdonelld@courts.mi.gov.

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Reporting Security Incidents

If a trial court has security incident, the trial court security coordinator must first contact the

regional office and, as appropriate, submit a security incident report. For more information,

contact the appropriate regional office. See also the Court Security Standards.

Declaration Regarding Weapons in Court Facilities

Weapons are not permitted in any courtroom, office, or other space used for official court

business or by judicial employees unless the chief judge or other person designated by the chief

judge has given prior approval consistent with the court written policy. Each court is required

to submit its written policy to the state court administrator for approval.

In developing the policy, courts are encouraged to collaborate with other entities in shared

facilities and, where appropriate, to work with local funding units. The policy may be part of

a general security program or it may be a separate plan. Michigan Supreme Court

Administrative Order 2001-1. See Model LAO 15.

Emergency Management Policies and Procedures

The State Court Administrative Office (SCAO) published the Michigan Court Security

Manual, accessible through the secured Trial Court Security website. This manual addresses

general emergency planning, emergency evacuation and procedures for closing court facilities,

fire emergency plans and procedures, procedures for handling medical emergency, and

emergency procedures for threats, escapes, and natural or civil disasters. Included in the

manual are various forms, model security policies, resources, and court security guidelines.

Court Security Guidelines

The Court Security Guidelines address administrative policies and matters, access control,

physical facilities, and security features and policies.

Disaster Planning Guidelines

Although all counties have emergency management plans in place – and most trial courts

have a court security plan – these plans often do not include a “continuity of operations”

(COOP) plan for the trial courts. A COOP plan is important because it provides details for

how to continue essential court functions when normal operations at the court’s primary

facility are disrupted.

The SCAO published the Michigan Trial Court Guidelines for Court Continuity of

Operations Plan to assist courts to develop a COOP plan and highly recommends that each

court develop one. See memo dated November 19, 2015.

If a court chooses not to establish a COOP plan, at a minimum each trial court must

establish a kit that will enable it to respond within 12 hours of an emergency/disaster and,

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if court operations are disrupted, to resume essential operations within 24 hours. Section 3

of the guidelines provides details and a template to assist you with this requirement.

A court should cooperate with its local emergency management coordinator in devising a

COOP plan. See also an article from the Michigan Supreme Court’s first trial court security

specialist on Disaster Planning: A View from Michigan’s Highest Court.

Guideline on Court Closing for Weather Emergency

Michigan Supreme Court Administrative Order 1998-5, section VI, states that “To the

extent possible, consistent with the effective operation of the court, the chief judge must

adopt personnel policies consistent with the written employment policies of the local

funding unit. Effective operation of the court to best serve the public in multi-county

circuits and districts may require a single, uniform personnel policy that does not wholly

conform with specific policies of any of the court’s funding units.”

All courts must submit a local administrative order (LAO) governing closure of the court

as a result of emergency weather conditions. In facilities containing multiple courts, the

courts must adopt and submit a joint LAO. Courts with the same funding unit should also

submit a joint LAO, if possible. See Model LAO 17. The policy must provide that certain

procedures will apply in the event of a weather emergency as outlined in SCAO ADM

Memorandum 1999-02: Guideline For Unscheduled Court Closing Due to Weather

Emergency.

Special Emergency Judge

MCL 691.971 et seq. provides for the designation of special emergency judges to exercise

power and discharge duties of an office in the event of attack upon the United States. MCL

691.975. A special emergency judge is authorized to exercise the power and discharge the

duties of an office as designated by the governor in accordance with MCL 691.973.

Emergency Judicial Assignment Process

This emergency plan sets forth procedures and responsibilities for responding to

emergency needs for judicial resources by the Office of the Attorney General. The

development of the plan was a joint effort by the State Court Administrative Office

(SCAO) and the Office of the Attorney General. Each SCAO region has designated two

emergency judges to provide assistance during an emergency situation.

Regional administrators are the primary point of contact in the event judicial resources are

needed by the Attorney General. The plan provides guidance in how judicial resources are

to be requested and contains business and personal contact information for the emergency

judges, regional administrators, and the Attorney Generals’ emergency legal team. The

plan is maintained by the Michigan Supreme Court Security and Emergency Management

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Division and copies are distributed to SCAO administration and the Attorney General’s

Office. The plan is considered CONFIDENTIAL and is not for general or public release.

Pandemic Preparedness

In addition to developing disaster planning guidelines (COOP plan), a court may want to

consider developing a benchbook to assist in responding to the complex legal questions

that a pandemic emergency, such as the potential Ebola epidemic in 2014, might raise. For

details, see Preparing for a Pandemic: An Emergency Response Benchbook and

Operational Guidebook for State Court Judges and Administrators.

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7-03 Communication Systems Policies and Procedures

Internal Communication Devices and Systems

Every court should have policies and procedures governing internal court use of all

communication devices and systems. Because most of these systems are provided through the

court’s funding unit, a computer acceptable use policy is most likely already in place for courts.

In those situations, courts should establish, in collaboration with the funding unit, rules for

controlling and monitoring data generated by systems used by the court. If a court does not

have a computer acceptable use policy in place through its funding unit, it can use the policy

issued by the State Court Administrative Office, available from Judicial Information Services.

Use of Portable Electronic Devices in Court Facilities

Chief judges of trial courts may establish a policy regarding the use of cell phones or other

portable electronic communication devices within the court pursuant to MCR 8.115. The key

provisions of this rule are:

• No photographs may be taken of any jurors or witnesses.

• No photographs may be taken inside any courtroom without permission of the court.

• The policy regarding the use of cell phones or other portable electronic communications

devices must be posted in a conspicuous location outside and inside each courtroom.

• Failure to comply with the rule or with the policy established by the chief judge may result

in a fine, including confiscation of the device, incarceration, or both, for contempt of court.

See sample policy.

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7-04 Media in the Courtroom

Michigan Supreme Court Administrative Order 1989-1 (AO) governs film or electronic media

coverage in all Michigan courts.

AO 1989-1 provides, “Film or electronic media coverage shall [emphasis added] be allowed upon

request in all court proceedings,” subject to certain limitations. Those limitations include the

following.

• Media must submit the request in writing to the clerk of the particular court “not less than

three business days before the proceeding is scheduled to begin.” (Note: The court has

discretion to waive the three-day requirement and grant the request on shorter notice.)

• Unless the judge orders otherwise, only two video cameras and two still cameras are

allowed in the courtroom.

• Not more than one audio system for radio and/or television recording shall be permitted.

• The court shall provide for notifying the parties of the media request.

• No distractions, such as a flash for still cameras or noise from equipment.

• Shooting video or still photos must take place from a fixed location and be unobtrusive.

• Microphones are not permitted to pick up audio of attorney-client conversations,

conversations among counsel or conferences at the judge’s bench.

• No film or electronic coverage of the jurors or jury selection process.

• Media must “dress and deport themselves in ways that will not detract from the

proceedings.”

In addition, the judge has the authority to limit or even exclude cameras and recorders to keep

order in the courtroom and to ensure the fair administration of justice.

Request for film and electronic media coverage can be made with SCAO-approved form MC 27,

Request and Notice for Film and Electronic Media Coverage of Court Proceedings.

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7-05 Technology Services Available Through Judicial Information Services

The State Court Administrative Office’s Judicial Information Services (JIS) provides technical

assistance to courts to identify, develop, and maintain automated information systems, irrespective

of the hardware and software the court chooses or is required to use. In addition, JIS provides

direct data processing support to the Supreme Court and State Court Administrative Office and to

trial courts. Direct services to trial courts include application systems and support for circuit,

district, and probate courts, and jury management. Services provided by JIS to courts include but

are not limited to the following.

Support of a judicial network that provides access to centralized systems of the judiciary and

executive branch.

Developing, implementing, and supporting the Judicial Data Warehouse (JDW), which collects

information about pending and closed cases from trial courts. Recent activities have been

focused on data sharing and access for executive branch agencies, including the Michigan

Department of Correction, Michigan Department of Health and Human Services, and Michigan

State Police.

Developing, implementing, and supporting e-commerce applications such as the electronic

payment of traffic tickets and filing documents (e-filing).

Implementing and supporting the use of videoconference technology in trial courts for the

purpose of conducting hearings with local law enforcement, the Michigan Department of

Corrections, Michigan State Police, and Michigan Department of Health and Human Services.

Evaluating procedures and developing application specifications to assist JIS and non-JIS to

deliver improved services through software, coordinated with SCAO’s Field Services

Division.

Developing and supporting software applications for the Michigan Supreme Court, the State

Court Administrative Office, and the trial courts for statistical reporting to the Michigan Court

Application Portal (MCAP).

Supporting the Michigan Supreme Court and Court of Appeals website including the ability to

provide a collaborative workspace for groups or projects.

Training staff to use the application systems.

Evaluating performance and monitoring software.

10.

Support for system-related issues, on behalf of the local trial courts with their county, city, or

vendor.

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11.

Assisting in planning and implementing guidelines for automated systems.

12.

Support in determining and selecting data processing services, equipment, and software.

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7-06 Videoconferencing

A. Establishment of Videoconferencing Standards

Videoconferencing (or two-way interactive video technology) is defined as interactive

technology, including a remote digital platform, that sends video, voice, and/or data signals

over a transmission circuit so that two or more individuals or groups can communicate with

each other simultaneously using video codecs, monitors, cameras, audio microphones, and

audio speakers. MCR 2.407(A)(2).

The Michigan Supreme Court ordered the State Court Administrator to establish

videoconferencing standards to: 1) ensure consistency in videoconferencing practices and

procedures throughout the state of Michigan; 2) improve service to the public, other agencies,

and the judiciary; and 3) improve the performance and efficiency of videoconferencing in the

courts. The appellate and trial courts are required to conform to the standards, and the State

Court Administrative Office is required to enforce the standards and assist courts in adopting

practices to conform to those standards. Michigan Supreme Court Administrative Order 2014-25.

See Section 2 of the Michigan Trial Court Standards for Courtroom Technology.

B. Types of Proceedings Authorized to Use Videoconferencing

All proceedings occurring by videoconferencing, including the manner and extent of the use

of videoconferencing, are subject to requirements, standards, and guidelines published by the

State Court Administrative Office and the criteria set forth in MCR 2.407(C). MCR

2.407(B)(1).

Trial courts are authorized to use videoconferencing technology pursuant to MCR 2.004,

MCR 2.305, MCR 2.407, MCR 2.408, MCR 3.210(A)(4), MCR 3.215(D)(3), MCR 3.705,

MCR 3.708, MCR 3.904, MCR 4.101, MCR 4.202, MCR 4.304, MCR 4.401, MCR 5.140,

MCR 6.006, MCR 6.104, MCR 6.901, MCR 9.112, MCR 9.115, and 9.221. For a list of

Authorized Uses for Videoconferencing, see Section 2, Appendix A of the standards.

1. Circuit - Civil

(a) Civil – Videoconferencing technology is allowed for the following proceedings:

• Appearance of a party or witness for a discovery subpoena under MCR 2.305

• Hearings regarding Personal Protection Order (PPO) under MCR 3.705(B)(3)

• Violation of PPO hearings under MCR 3.708

• Domestic relations proceedings involving minor children (custody and

guardianship) in which a party is incarcerated under MCR 2.004

• Domestic relations referee hearings under MCR 3.215(D)(3)

• Generally, a court may, at the request of a participant, or sua sponte, allow

the use of videoconferencing technology by any participant in any civil

proceeding. MCR 2.408(A)(1)

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(b) Civil –Videoconferencing technology is presumed for the following proceedings

[MCR 2.408(B)]:

• Civil pretrials

• Early scheduling conferences under MCR 2.401(B)

• Discovery motions under MCR 2.119

• Adjournments

• Modification to scheduling orders

• Motions in limine

• Post-judgment collections or discovery

• Testimonial proofs for hearings under MCR 3.210(A)(4)

• Motions to correct, strike, or amend pleadings

• Summary disposition motions under MCR 2.116

• Bench trials or jury trials or any proceeding wherein the testimony of

witnesses or presentation of evidence may occur, except in the

discretion of the court after all parties have had notice and

opportunity to be heard on the use of videoconferencing technology.

[MCR 2.408(A)(2)]

2. Circuit – Criminal

(a) Criminal – Videoconferencing technology is allowed for the following

proceedings:

• Juveniles charged with specified offenses under MCR 6.901

• Generally, a court may, at the request of a participant, or sua sponte, allow

the use of videoconferencing technology by any participant in any criminal

proceeding. MCR 6.006(A)(2). Circuit courts may use videoconferencing

technology to conduct any non-evidentiary or trial proceeding. MCR 6.006

(b) Criminal –Videoconferencing technology is preferred for the following

proceedings [MCR 6.006(B)(2)]:

• Initial arraignments on the information

• Pretrial conferences

• Motions pursuant to MCR 2.119

• Pleas

• Bench trials or jury trials, or any proceeding wherein the testimony of

witnesses or presentation of evidence may occur, except in the discretion of

the court after all parties have had notice and opportunity to be heard on the

use of videoconferencing technology. [MCR 6.006(B)(4)]

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3. Circuit - Family Division

(a)

Family Division – Videoconferencing technology is allowed for the following

proceedings:

• Child protective and juvenile guardianship proceedings by any participant under

MCR 3.904(B)

o Testimony from an expert witness or any person in removal hearings,

evidentiary hearings, and termination of parental rights proceedings if

requirements of MCR 3.904(B) are satisfied.

• Hearings regarding juvenile Personal Protection Orders (PPOs) under MCR

3.705(B)(3).

• Violation of PPO hearings under MCR 3.708(I)

• Domestic relations proceedings involving minor children (custody, guardianship,

neglect, foster-care placement, and termination of parental rights) in which a

party is incarcerated under MCR 2.004

• Domestic relations referee hearings under MCR 3.215(D)(3)

• Delinquency, designated & PPO violation proceedings involving a juvenile under

MCR 3.904(A), including:

o Preliminary hearings under MCR 3.935(A)(1)

o Preliminary examinations under MCR 3.953 and MCR 3.985

o Post-dispositional progress reviews

o Dispositional hearings where court does not order more restrictive

placement or treatment

o Testimony from an expert witness or any person if requirements of MCR

3.904(A) are satisfied.

• Generally, a court may, at the request of any participant, or sua sponte, allow the

use of videoconferencing technology by any participant in any civil proceeding

under MCR 2.408(A)(1)

(b) Family Division – Videoconferencing technology is presumed for the following

proceedings [MCR 2.408(B)]:

• Civil pretrials

• Early scheduling conferences under MCR 2.401(B)

• Discovery motions filed under MCR 2.119

• Adjournments

• Modification to scheduling orders

• Motions in limine

• Post-judgment collection or discovery matters

• Testimonial Proofs for hearings under MCR 3.210(A)(4)

• Motions to correct, strike, or amend pleadings

• Summary disposition motions under MCR 2.116

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proceedings:

• Bench trials or jury trials, or any proceeding wherein the testimony of

witnesses or presentation of evidence may occur, except in the discretion of

the court after all parties have had notice and opportunity to be heard on the

use of videoconferencing technology. [MCR 2.408(A)(2)]

4. District - Civil

(a) Civil – Videoconferencing is allowed for the following proceedings:

• Land contract forfeiture. MCR 4.202(H)(3)

• Small claims proceedings. MCR 4.304

• Generally, a court may, at the request of any participant, or sua sponte, allow

the use of videoconferencing technology by any participant in any civil

proceeding. MCR 2.408(A)(1)

(b) Civil -Videoconferencing technology is presumed for the following proceedings

[MCR 2.408(C)]:

• Civil pretrials

• Early scheduling conferences under MCR 2.401(B)

• Discovery motions filed under MCR 2.119

• Adjournments

• Post-judgment collection matters

• Motions to correct, strike, or amend pleadings

• Contested civil infractions under MCR 4.101

proceedings:

• Evidentiary hearings, bench trials or jury trials, or any proceeding wherein

the testimony of witnesses or presentation of evidence may occur, except in

the discretion of the court after all parties have had notice and opportunity to

be heard on the use of videoconferencing technology [MCR 2.408(A)(2)].

5. District - Criminal

(a) Criminal – Videoconferencing is allowed for the following proceedings:

• Generally, a court may, at the request of any participant, or sua sponte, allow

the use of videoconferencing technology by any participant in any criminal

proceeding. MCR 6.006(A)(2)

• Witness testimony in a preliminary examination (as long as defendant is

present in the courtroom or waived the right to be present). MCR

6.006(C)(4).

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• Juveniles charged with specified offenses subject to the jurisdiction of the

district court under MCR 6.901

(b) Criminal –Videoconferencing technology is preferred for the following

proceedings [MCR 6.006(C)(1)]:

• Arraignments and probable cause conferences for in custody defendants.

proceedings [MCR 6.006(C)(3)]: (except in the discretion of the court)

• Evidentiary hearings, bench trials or jury trials, or any proceeding wherein

the testimony of witnesses or presentation of evidence may occur, except in

the discretion of the court. after all parties have had notice and opportunity to

be heard on the use of videoconferencing technology. MCR 2.408(A)(2).

6. Probate

(a) Videoconferencing is allowed for the following proceedings:

• Mental health proceedings if the subject of the petition waives the right to be

physically present under MCR 5.140(B)

• Voluntary consent to guardianship of an Indian child under MCR 5.404(B)

• Except as otherwise prescribed in MCR 5.140, upon request of any

participant or sua sponte, the court may allow the use of videoconferencing

technology in accordance with MCR 2.407. MCR 5.140(A)

(b) Videoconferencing technology is presumed for the following proceedings [MCR

5.140(C)]:

• Uncontested petitions or motions in guardianship, conservatorship, protected

individuals and decedent estates, subject to the person’s right to be physically

present.

• Bench trials or jury trials, or any proceeding wherein the testimony of

witnesses or presentation of evidence may occur, except in the discretion of

the court after all parties have had notice and opportunity to be heard on the

use of videoconferencing technology. [MCR 2.408(A)(2)]

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7-07 Digital Audio and Video Recording

Establishment of Digital Recording Standards

Standards and guidelines for use of digital recording equipment are established pursuant to

MCR 8.109(A) to ensure that courts purchase, maintain, and operate recording systems that

are designed to meet the special requirements of courtroom recording. The standards address:

governance, 2) equipment and technology, and 3) operating and monitoring the recording

of proceedings. Courts should work with vendors to ensure that recording equipment complies

with the standards. A checklist is provided within the standards as a tool for courts and vendors

to use in assessing a recording system’s compliance. See Section 1 of the Michigan Trial court

Standards for Courtroom Technology.

Operating Equipment and Maintaining Recording Media

Trial courts that use audio or video recording equipment, whether digital or analog, must

adhere to the audio and video recording operating standards published by the State Court

Administrative Office pursuant to MCR 8.109(B). Only reporters, recorders, voice writers, or

operators certified pursuant to MCR 8.108(G)(1) may operate a court’s audio recording

system. A person operating a court’s digital video court recording system need not be certified

pursuant to MCR 8.108, but must comply with the recording standards.

Section 3, Chapter 8 and Section 4 of the Manual for Court Reporters and Recorders outlines

procedures for operating audio recording equipment, logging the proceedings, and marking

exhibits. Chapter 3 of these standards outlines procedures for operating video recording

equipment, logging the proceedings, and marking exhibits.

Section 3.3.2.3 of the Michigan Trial Court Records Management Standards must also be

adhered to, which includes directions on the control and care of recording media as governed by

Section 3.3.2.3.

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7-08 Facsimile Communication Equipment

Authority for Use of Equipment

Generally

Courts may permit the filing of pleadings, motions, affidavits, opinions, orders, or other

documents by the use of facsimile communication equipment. Except as provided by MCR

2.002, a clerk shall not permit the filing of any document for which a filing fee is required

unless the full amount of the filing fee is paid or deposited in advance with the clerk. MCR

2.406(B).

Juvenile Proceedings

Parties may file records, as defined in MCR 3.903(A)(25), by the use of facsimile

communication equipment. Filing of records by the use of facsimile communication

equipment in juvenile proceedings is governed by MCR 2.406.

Mental Health Proceedings

All probate courts are authorized to use facsimile communication equipment to transmit

petitions, physician’s certificates, and other supporting documents from the state regional

psychiatric hospitals or private hospitals for filing in the courts. Participation shall be

subject to the discretion of the chief judge of the probate court. MCR 2.406(B).

Warrants

Facsimile communication equipment may be used for warrants as provided in MCL 764.1

and MCL 780.651.

Oaths, Affidavits, and Affirmations

Facsimile communication equipment may be used for oaths, affidavits, or affirmations as

provided in MCL 600.1440 and MCL 600.1432.

Signed Orders for Law Enforcement Information Network (LEIN) Entry

Courts may transmit original signed orders to law enforcement for entry into LEIN by

facsimile communication equipment. Michigan Trial Court Records Management

Standards, Component 38.

Definition

Facsimile communication equipment means a machine that transmits and reproduces graphic

matter (as printing or still pictures) by means of signals sent over telephone lines.

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Standards and Criteria for Filing

Standards regarding paper and print, image quality, filing of originals, and signature, as well

as other criteria for filing, are outlined in MCR 2.406 and Component 38 of the Michigan Trial

Court Records Management Standards.

Fees

Courts may impose fees for facsimile filings in accordance with a schedule established by the

State Court Administrative Office. MCR 2.406(D). See SCAO ADM Memorandum 2003-13,

Facsimile Transmission of Documents for details.

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7-09 E-Filing

Michigan’s Goal

Michigan’s goal for e-filing is a statewide system that can accommodate a variety of local court

needs and resources and that provides court users throughout the state with access to a uniform

e-filing system no matter where they live or want to file. This is a challenging endeavor in a

state with 243 trial courts that have locally funded and locally controlled systems where each

jurisdiction has the authority to choose its own computer system. However, the experience and

various pilot projects over the past five years has shown that e-filing can be successfully

integrated on a large scale.

Steps Toward Developing a Uniform E-Filing System

Michigan’s locally driven court systems, funded through a complicated arrangement of city

and county government appropriations, make the implementation of statewide changes a

challenge. To address this, the SCAO worked with the Legislature, courts, and other

stakeholders to develop and pass legislation that authorizes the judiciary to design and

implement statewide e-filing for the future of Michigan’s courts. Part of that legislation

provides for the funding necessary to implement e-filing. Beginning March 1, 2016, the clerk

of the court is required to collect an electronic filing system (EFS) fee pursuant to 2015 PA

231.

For details regarding the e-filing legislation, the requirement to collect the EFS fee, and the

how to record and transmit those fees to the Department of Treasury, see SCAO Memorandum

dated February 18, 2016. See also SCAO Memorandum dated February 29, 2016, for an

itemized list of the EFS fee to assessed by case-type code. See also answers to frequently asked

questions about the e-filing legislation.

Answers to questions regarding the Michigan judiciary’s overall statewide e-filing initiative

are also available.

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7-10 Digital Imaging

Authority

The Records Reproduction Act (MCL 24.401 – 24.406) authorizes the reproduction of public

records by Michigan government entities.

Standards and Guidelines

Trial courts that want to destroy original documents and use their digital images or

microfilm as the official record must create their images according to the state of

Michigan’s standards. Pursuant to MCL 600.1428, the State Court Administrative Office

has adopted the state government standards and best practices, permitting any paper

original document that is reproduced in accordance with the Records Reproduction Act and

the state of Michigan’s standards to be destroyed at any time after the document is filed with

the court.

Listed below are links to the state of Michigan’s standards:

• Technical Standards for Capturing Digital Images from Paper or Microfilm

• Technical Standards for Capturing Microfilm Images from Paper

• Technical Standards for Microfilming Digital Records

The best practices are found under the following titles:

• Best Practices for Reproducing Public Records

• Best Practices for Capture of Digital Images from Paper or Microfilm

• Best Practices for the Microfilming of Paper Records

• Best Practices for the Microfilming of Digitized Records

Trial courts that choose to maintain records in digital format must also comply with the

Michigan Trial Court Guidelines and Standards for Digital Imaging. These guidelines and

standards are provided to: 1) aid courts in developing digital imaging systems that ensure

digitized court records, regardless of format, are authentic, reliable, have integrity, and are

useable both during the active phase and throughout the long-term retention period of the

records, and 2) provide practical guidance to courts in capturing, storing, retrieving, and

retaining digitized court records in such a manner that they are useful within a larger

electronic information system.

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Courts must also comply with Michigan Trial Court Records Management Standards

established by the State Court Administrative Office (SCAO) pursuant to AO 1999-4,

records standards prescribed by the Supreme Court and Michigan Court Rules 1.109 and

8.119, Michigan Compiled Law 600.1428, and various other statutory requirements for

preserving, reproducing, and maintaining records.