Current through Public Act 151 of the 2024 Legislative Session
Section 600.8512 - Authority of district court magistrate; special training course in traffic law and sanctions; limitation on authority(1) A district court magistrate may hear, preside over, and conduct any of the following in civil infraction actions under section 746 of the Michigan vehicle code, 1949 PA 300, MCL 257.746, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, or section 8719 or 8819 of this act, or in civil fine actions under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, as applicable: (b) Admissions with explanation.(c) Motions to set aside default or withdraw admissions.(2) In exercising the authority conferred under subsection (1), a district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law. If a defendant is determined to be responsible for a civil infraction, or, under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, a civil fine, the district court magistrate may impose the civil sanctions authorized by section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, or section 8827 of this act, as applicable.(3) A district court magistrate shall not conduct an informal hearing in a civil infraction action involving a traffic or parking violation governed by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he or she has successfully completed a special training course in traffic law adjudication and sanctions. The course must be given periodically by the state court administrator.(4) A district court magistrate may exercise the authority conferred by this section only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.Amended by 2022, Act 242,s 1, eff. 3/29/2023.Amended by 2014, Act 384,s 1, eff. 12/18/2014.Add. 1978, Act 511, Eff. 8/1/1979 ;--Am. 1984, Act 278, Eff. 1/1/1985 ;--Am. 1994, Act 12, Eff. 5/1/1994 ;--Am. 1995, Act 54, Eff. 1/1/1996.