Return to Administrative Orders and Local Court Rules for 37 Circuit Court Menu

Return to Calhoun County Courts Home Page

IT IS ORDERED:

1. Assignment of Cases - MCR 8.110(B)

A. All Criminal/Civil Division cases, when originally filed with the Circuit Court Clerk, must be assigned to a judge by random lot, except as otherwise noted, within the following separate case type categories:

(1) Capital criminal: FC case types, except murder.

(2) Murder: All murder cases.

(3) Non-capital and other criminal activity cases: “F” case types (except FC).

(4) All appeals from lower courts; all administrative reviews, superintending control and    extraordinary writs: All “A” case types.

5)  Civil damage suits: All N and C case types.

(6)  Ancillary or other special proceedings treated as cases: All “P” case types.

B. Criminal case types FC and FH shall be assigned upon bind over by random lot, except as to non-murder FC and FH cases in which the defendant was bound over to Circuit Court in a previous criminal case in which a final disposition has not yet been entered.  In such cases, the new case shall be assigned to the Criminal/Civil Division judge, or his successor, to whom the prior case was assigned and is still pending.  In addition, if a criminal case is a refiling of a criminal case previously dismissed and the judge assigned to the dismissed case is assigned to the Criminal/Civil Division, then the re-filed case shall be assigned upon bind over to that judge.  The Prosecutor will indicate on the initiating filing in Circuit Court that it is a re-filed case noting the prior Circuit Court case number.

C.  Appeals from Parole Board decisions (AP case types) shall be assigned, upon proper filing, to the judge, or his successor, who sentenced the defendant in the underlying criminal case.

D. Case assignment may be by electronic data processing means.

E. Record of assignment.

(1)  The Circuit Court Clerk shall note the name of the judge assigned on the case file folder    and also on the originating pleading filed in each case.

(2)  The Court shall maintain a record of cases assigned to demonstrate the number of cases in each type category assigned to each judge, noting whether the assignment was random or directed.

2. Reassignment of Cases - MCR 8.111 (c)

A. If a judge is disqualified or for other good cause cannot undertake an assigned case, the case shall   be reassigned by lot and within the same category as in item 1.A. above to one of the remaining Criminal/Civil Division judges.

B. The Court Clerk, on behalf of the Chief Judge, shall enter an order reassigning the case to the indicated judge which shall be placed in the court file with the necessary change made to the file folder and other records.  The Court Clerk shall notify attorneys of record, parties not represented and the involved judges of the reassignment.

C. The Court shall maintain a record of reassignments:

The Chief Judge shall periodically review the distribution of assigned cases and may make adjustments in caseload.

Administrative Order 2001-6 is rescinded upon the effective date of this order, having been incorporated  herein.  Administrative Order 1994-2 remains in effect.

ALLEN L. GARBRECHT,  Chief Circuit Judge

Top of Page

Return to Administrative Orders and Local Court Rules for 37 Circuit Court Menu

Return to Calhoun County Courts Home Page

Last Updated 8-5-03

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov