Opinion
99-66
April 26, 2000.
On order of the Court, notice of the proposed rules and an opportunity for comment having been provided, the following new Local Court Rules are adopted, to be effective immediately.
Rule 3.208(B) Taking of Cash Bonds and Modification of Cash Bonds in Friend of the Court Bench Warrant Cases
(A) In addition to the sheriff or his deputy, court officers authorized by the chief judge may accept the payment of money in fulfillment of a cash bond from a person arrested pursuant to a bench warrant issued under MCL 552.631; MSA 25.164(31) or MCR 3.208(B)(4) and (6); immediately upon arrest or at any point thereafter prior to court appearance, subject to the conditions set forth at MCL 552.632; MSA 25.164(32).
(B) If the respondent is not brought before the court within 24 hours of arrest and is unable, thereafter, to post the required cash bond, or if the respondent cannot be lodged at the county jai because of a declared jail overcrowding emergency and a circuit judge is not readily available to arraign the respondent, the friend of the court or deputy friend of the court may conduct a prearraignment bond review and authorize a lower cash bond, pending the respondent's arraignment on the bench warrant before the court.
(C) In determining whether to lower a cash bond, the friend of the court or deputy friend of the court must take into account factors such as the respondent's available resources and the likelihood that he or she will appear before the court as further directed by the friend of the court or deputy friend of the court. The friend of the court or deputy friend of the court may authorize release upon personal recognizance pending arraignment before the court.
Rule 6.113 Pretrial Conferences
(A) Pretrial conferences in Criminal Cases.
(1) On the date scheduled for arraignment, a pretrial conference shall be held unless the defendant enters a plea of guilty or nolo contendere when arraigned.
(a) The pretrial conference may be adjourned or continued by order of the court.
(b) The defendant shall be present at the pretrial conference unless excused by order of the court.
(2) Scope of Conference. At the pretrial conference, the court shall:
(a) Determine the need for pretrial motions, establish a cutoff date for the filing of said motions, and schedule said motions for hearing;
(b) Determine whether there are additional witnesses sought to be endorsed by the prosecution or defendant;
(c) Determine whether the defendant is raising any defense that requires notice (alibi, insanity, or incompetency) and require the filing of such notice as required by law and ordered by the court;
(d) Estimate the time required for trial;
(e) Determine whether plea negotiations are completed;
(f) Determine whether the defense will waive any endorsed witnesses;
(g) Determine whether there will be any unusual legal issues or requested special jury instructions;
(h) Consider all other matters that may aid in the disposition of the action; and
(i) Fix a date for trial.
Rule 6.445 Probation Violations; Authority of Probation Agent to Apprehend, Detain and Confine
(A) Authorization to Apprehend. Probation officers assigned to the 23rd Circuit Court (Iosco and Oscoda Counties) are, pursuant to MCL 771.4; MSA 28.1134, authorized without further order of the court to apprehend, detain, and confine any probationer of the 23rd Circuit Court accused of violating a term of probation.
(B) Prompt Arraignment. A probationer apprehended, detained or confined under this rule must be brought promptly before the court for arraignment.
(C) Written Charges and Hearing. A probationer apprehended, detained, or confined under this rule is entitled to a written copy of the charge, setting forth the alleged violation of probation, and is entitled to a hearing conducted in accordance with law and the court rules.
Staff Comment: Local Court Rules 3.208, 6.113, and 6.445 were approved by the Supreme Court, effective April 26, 2000, at the request of the 23rd Circuit Court.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.