District Court vs. Circuit Court in a Michigan Criminal Case

Two courthouses, one case

A felony case in Kent County can begin in the 63rd District Court on the East Beltline and end in the 17th Circuit Court downtown. A misdemeanor charged in Wyoming stays in the 62A District Court from the first hearing to the last. Which court you are in depends on two things: how the charge is graded, and where the alleged offense happened.

That is why the same word, "court," can mean a different building, a different judge and a different jury size from one case to the next. This page sets the two courts side by side. It is general information about Michigan law, not advice about your case, and the practical details of any single courtroom are things to confirm with the clerk or a lawyer.

What district court handles

MCL 600.8311 lists the district court's criminal jurisdiction. It covers misdemeanors punishable by a fine or imprisonment of not more than one year, ordinance violations, arraignments, the fixing of bail and the accepting of bonds, probable cause conferences and preliminary examinations in felony cases, and even the circuit court arraignment after a bindover when the district judge conducts it under MCL 766.13.

District court magistrates do some of this work. Under MCL 600.8511 a magistrate may set bail and accept bond in all cases, may arraign and, with the chief judge's authorization, may conduct probable cause conferences, but may not preside at a preliminary examination or take a felony plea (MCL 766.1).

A misdemeanor jury in district court has six members under MCL 600.8355. The Michigan Constitution allows that: it secures the right to a jury trial and says the jury "may consist of less than 12 jurors in prosecutions for misdemeanors" (Const 1963, art 1, sec 20). An appeal from a district court judgment goes to the circuit court of the same county (MCL 600.8342(1)); appeals from a plea-based judgment are by application rather than as of right (MCL 600.8342(4)). The grading question itself is covered in misdemeanor vs. felony.

What circuit court handles

The circuit court is Michigan's court of general jurisdiction, with the powers of a court of record at common law as changed by the constitution, statutes and court rules (MCL 600.601(1)). In criminal cases it receives felonies after bindover, arraigns the defendant on the information (MCR 6.112; MCR 6.113), hears motions, tries the case and sentences. Sentencing on a felony must be done by a circuit judge even when the plea was taken in district court (MCL 600.8311(f)).

A felony jury has 12 members (MCR 6.410(A)). Appeals from a circuit court conviction go to the Michigan Court of Appeals: as of right from a final judgment after trial, and by application for leave when the judgment rests on a guilty or no-contest plea (MCL 600.308(1), (2); Const 1963, art 1, sec 20).

Circuit court also sits as the appellate court for district court cases, so a misdemeanor conviction challenged on appeal ends up in front of a circuit judge (MCL 600.8342).

The Kent County courts by name

Kent County has one circuit court and five district courts. The county's own 63rd District Court page describes it as "one of five District Courts in the County." Which district court you are in depends on where the alleged offense occurred.

• 17th Circuit Court, Kent County Courthouse, 180 Ottawa Avenue NW, Grand Rapids. The felony trial court for the whole county and the appeals court for its district courts. Official site: kentcountymi.gov.
• 61st District Court, City of Grand Rapids, also at 180 Ottawa Avenue NW. The city's page says it hears cases that arise within the boundary of the City of Grand Rapids. Official pages: grandrapidsmi.gov and the court's own site at grcourt.org.
• 62A District Court, City of Wyoming, 2650 DeHoop Avenue SW. Official site: wyomingmi.gov. The firm's page on this court is here.
• 62B District Court, City of Kentwood, 4740 Walma Avenue SE. Official site: kentwood.us.
• 63rd District Court, Kent County, 1950 East Beltline Avenue NE, Grand Rapids. The county-run district court; the county publishes a coverage map. Official site: kentcountymi.gov. The firm's page is 63rd District Court.
• 59th District Court, Grandville and Walker, the fifth district court in the county.

How a felony moves from one court to the other

The path is the same in every county. You are arraigned in district court on the complaint (MCR 6.104). The court sets a probable cause conference 7 to 14 days out and a preliminary examination 5 to 7 days after that (MCL 766.4(1)). If the examination is held and the judge finds probable cause, or if you waive it with the prosecutor's consent, you are bound over to circuit court (MCL 766.13; MCL 766.7).

The prosecutor then files the information on or before the circuit court arraignment date (MCR 6.112(C)), and the circuit court takes over: arraignment on the information, pretrial dates, motions, trial and sentence. The one shortcut is a plea: MCL 766.4(3) lets a district judge accept a felony plea at the probable cause conference, but the sentence still comes from a circuit judge. The hearing that moves the case is explained in what a preliminary exam is.

Finding your court, and when a lawyer matters

Your paperwork names the court. If it does not, or you cannot find your case, how to check your case status in Kent County lists each court's official lookup. The firm's West Michigan courts page describes the district courts it appears in across Kent, Ottawa, Allegan, Barry and Van Buren counties, and the Kent County criminal defense page covers the county itself.

The court you are in changes practical things: whether a magistrate or judge hears your arraignment, whether a jury would be six or twelve, how quickly the case moves, and where an appeal would go. A lawyer who appears in that courtroom regularly can tell you how those rules play out there. The office of Attorney Shawn Haff offers a free consultation at 616-438-6719, answered 24 hours a day, and regularly appears in the 62A, 62B, 63rd and 59th District Courts and the 17th Circuit Court. Talk to a lawyer about your own case before your first date.