December 17, 2003



ADM File No. 1998-50

Amendment of Rule 3.951 
of the Michigan Court Rules
_________________________
     On order of the Court, Rule 3.951 of the Michigan Court Rules is amended,
effective immediately.  MCR 1.201(D).



ICLE Editor's Note:


[Italicized, bracketed text] indicates text that has been deleted.

Bold text  indicates new text.





Rule 3.951   Initiating Designated Proceedings

(A)  [Unchanged.]

(B)  Court-Designated Cases.  The procedures in this subrule apply if the prosecuting 
     attorney submits a petition charging an offense other than a specified juvenile 
     violation and requests the court to designate the case for trial in the same manner 
     as an adult.

     (1)  [Unchanged.]

     (2)  Procedure.

          (a) - (b)  [Unchanged.]
     
               (c)  Unless the arraignment is adjourned, the court must decide
     whether to authorize the petition to be filed.  If it authorizes the filing of
     the petition, the court must:
               
                    (i)  [Unchanged.]
               
                    (ii) schedule a designation hearing within 14 days
     [before a judge other than the judge who would conduct the trial];
               
                    (iii)     [Unchanged.]
          (d)  [Unchanged.]
     (3)  [Unchanged.]

     Staff Comment:  The December 17, 2003, amendment of MCR
3.951(B)(2)(c) corrected an inadvertent error in the rule as adopted effective May 1,
2003.  The amendment returned the provision to the substance of former MCR 5.951,
allowing referees to conduct designation hearings under MCR 3.951(B).

     The staff comment is not an authoritative construction by the Court.