October 25, 2005

ADM File No. 2004-42

Amendment of Rules 8.107 
and 8.110 of the 
Michigan Court Rules
                 

     On order of the Court, notice of the proposed changes and an opportunity for
comment in writing and at a public hearing having been provided, and consideration having
been given to the comments received, the following amendments of Rules 8.107 and 8.110
of the Michigan Court Rules are adopted, effective January 1, 2006.  The Court has declined
to adopt the proposal to amend Rule 8.103 published June 7, 2005.

ICLE Editor's Note:


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

Bold text  indicates new text.




Rule 8.107     Statement by Trial Judge as to Matters Undecided

     (A)    Time.  Matters under submission to a judge or judicial officer should be
     promptly determined.  Short deadlines should be set for presentation of briefs and
     affidavits and for production of transcripts.  Decisions, when possible, should be
     made from the bench or within a few days of submission; otherwise a decision should
     be rendered no later than 35 days after submission.  For the purpose of this rule, the
     time of submission is the time the last argument or presentation in the matter was
     made, or the expiration of the time allowed for filing the last brief or production of
     transcripts, as the case may be.

     (B)   Report as to Matters Undecided. [Every trial judge shall,
     o]On the first business day of January, [May, and September, ]April,
     July, and October of each year, every trial judge shall file a
     certified statement with the chief judge[state court administrator a
     certified statement ]in the form prescribed by the state court
     administrator.[, containing full information on any matter submitted to
     the judge for decision more than 4 months earlier which remains undecided.  The
     judge shall also set forth in the statement the reason a matter remains undecided.  For
     the purpose of this rule the time of submission is the time the last argument or
     presentation in the matter was made or the expiration of the time allowed for filing
     the last brief, as the case may be.  If the judge has no cases to report, the word "none"
     on a signed report is required.]  The statement shall provide information on
     all matters pending during the reporting period that were not decided within 56 days
     from submission.  The judge shall state the reason that a decision was not made
     within 56 days.  A report is required regardless of whether there is any case to report. 
     The chief judge shall sign and file, or electronically submit, the statement with the
     state court administrator.

Rule 8.110     Chief Judge Rule

(A)-(B)   [Unchanged.]

(C)  Duties and Powers of Chief Judge.

(1)  [Unchanged.]
          
          (2)  As the presiding officer of the court, a chief judge shall:
    
                (a) call and preside over meetings of the court;
            
                (b) appoint committees of the court;
            
                (c) initiate policies concerning the court's internal operations and its
                position on external matters affecting the court;
            
                (d) meet regularly with all chief judges whose courts are wholly or
                partially within the same county;
            
                (e) 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]
            
                (f) counsel and assist other judges in the performance of their
                responsibilities[.]; and
            
                (g)    cooperate with all investigations conducted by the Judicial
                Tenure Commission.
            
(3)-(4) [Unchanged.]

          (5)  The chief judge of the court in which criminal proceedings are pending shall
          have filed with the state court administrator a monthly report setting forth the
          reasons for delay in the proceedings:
          
               (a)  in felony cases in which there has been a delay of [28 days between
               the hearing on the preliminary examination or the date of the waiver of
               the preliminary examination and the arraignment on the information or
               indictment;] more than 154 days between the order binding the
               defendant over to circuit court and adjudication;
               
               [(b)]   [in felony cases in which there has been a delay of 6 months
               between the date of the arraignment on the information or indictment
               and the beginning of trial;
               
               ](b) [(c)]  in misdemeanor cases and cases
               involving local ordinance violations that have criminal penalties
               in which there has been a delay of [6 months] more than 91
               days between the date of the [arraignment
               ]defendant's first appearance on the warrant and
               complaint or citation and [the] [beginning of the
               trial] adjudication;
               
               (c)     In computing the 91-day and 154-day periods, the court
               shall exclude periods of delay
               
                    (1)   between the time a preadjudication warrant is issued
                    and a defendant is arraigned;
                    
                    (2)   between the time a defendant is referred for
                    evaluation to determine whether he or she is competent to stand
                    trial and the receipt of the report; or
                    
                    (3)   during the time a defendant is deemed incompetent
                    to stand trial.
                    
               [(d)]    [in felony cases in which a defendant is incarcerated
               longer than 6 months and in misdemeanor cases in which a defendant
               is incarcerated longer than 28 days.
               
](6)-(7)   [Unchanged.]

(D)  [Unchanged.]

     Staff Comment:  New MCR 8.107(A) requires a judge to decide matters
promptly after submission.  MCR 8.107(B) requires a judge to submit quarterly reports that
include information on all matters pending during the reporting period that were not decided
within 56 days of submission.  

The amendments of MCR 8.110(C) require monthly reports to the state court
administrator in felony cases where there has been a delay of more than 154 days between
the order binding a defendant over to circuit court and adjudication in felony cases, or a delay
of more than 91 days between a defendant's first appearance on the warrant and complaint,
or citation, and adjudication in misdemeanor cases and local ordinance violations that carry
criminal penalties.  

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

     Cavanagh, Kelly, and Weaver, JJ.  We oppose the amendment of the reporting
deadlines in Rules 8.107 and 8.110 of the Michigan Court Rules.