28th Circuit Court

The state is divided into judicial circuits along county lines. The State Legislature determines the number of judges within a circuit based upon the court caseload. In less populated rural areas, there are multi-county circuits, and judges travel from one county to another to hold court sessions. The 28th Circuit Court is a multi-county circuit which encompasses both Wexford and Missaukee Counties. Court sessions are, therefore, held in both Cadillac and Lake City, which are the county seats for Wexford and Missaukee Counties, respectively.

The Circuit Court is the trial court with the broadest powers in Michigan.  In general, the Circuit Court handles all civil cases with claims of more than $25,000, and all felony criminal cases (case where the accused, if found guilty, could be sent to prison).  The Family Division of the Circuit Court handles all cases regarding divorce, paternity, adoptions, personal protection actions, emancipation of minors, treatment and testing of infectious disease, safe delivery of newborns, name changes, juvenile offenses and delinquency, juvenile guardianship, and child abuse and neglect.   The Friend of the Court office is part of the Family Division of the Circuit Court and handles domestic relations cases where minor children are involved. In addition, the Circuit Court hears cases appealed from other trial courts or from administrative agencies.  

Circuit Judges are elected by the registered voters within their circuit for six year terms in nonpartisan elections. The State Legislature sets the qualifications for a Circuit Judge. Currently, a candidate must be a qualified elector, a resident of the judicial circuit, a lawyer who has been licensed to practice law for at least five years, and under 70 years of age. Circuit Judges are state employees, and their salaries are set by the State Legislature.

                         INTERACTIVE COURT DATA DASHBOARD

The Michigan Judicial Institute’s Interactive Court Data Dashboard provides important information about the processing time of cases in Wexford and Missaukee Counties, as well as compared to all counties in the State of Michigan.  The link is:

https://www.courts.michigan.gov/publications/statistics-and-reports/interactive-court-data-dashboard

 This dashboard includes information on the historical and current rates of incoming cases, outgoing or resolved cases, pending caseloads, clearance rates, and more.  This link leads to a broad range of information made accessible to the public.  Historically, the 28th Circuit Court exceeds the statewide average processing times for its caseload.

SELF-REPRESENTED LITIGANTS

What is a self-represented litigant?

All adult citizens have the constitutional right to represent themselves in court. If you represent yourself, you are called a “pro se”, “pro per”, or “self-represented” litigant and you are acting as your own attorney.

If you have already tried to resolve your dispute without going to court and you have decided you need to sue someone, you need to find out the court that handles your type of matter. If you have been notified to appear in court for jury duty or to response to a summons or a traffic ticket, read the notice or summons carefully because it will tell you the name of the court where your case has been filed.

There are three trial courts in Michigan: circuit, district, and probate. There are other courts for filing cases against the State of Michigan, for filing appeals, and for filing bankruptcy. To learn more about Michigan’s judicial system, check out the Michigan Supreme Court’s Learning Center page, at Learn About the Michigan Court System.

When you represent yourself in court, it is important to understand the legal issues in your case as well as the courtroom procedures. A great place to start is with our state’s own self-help legal resource — Michigan Legal Help. Michigan Legal Help is used by more than 50,000 people each week, who are looking for legal resources and self-help tools on topics ranging from eviction to issues with access to benefits.

Additional materials and resources that may help you are located at Self-Represented Litigants (michigan.gov)

                     FILING DOCUMENTS/MAKING PAYMENTS

The Wexford County Clerk operates as the Clerk for the Circuit Court.  If you need to file any pleading or documents, or make a payment to the Court, please do so at the Clerk’s office, which is located one floor below the courtroom on the 2nd floor of the historic side of the courthouse.

LAW LIBRARY

Below is a link to all SCAO forms, bench books, and other helpful material.  

https://www.courts.michigan.gov/SCAO-forms/

Michigan Judicial Institute’s Benchbook Series:  MJI Benchbooks and Quick Reference Material (michigan.gov)

The Michigan Court Rules:  Michigan Court Rules

The Michigan Rules of Evidence:  michigan-rules-of-evidence.pdf

Free Legal Research Services:  https://caselaw.findlaw.com/court/michigan

              IN PERSON APPEARANCE VERSUS VIDEO CONFERENCE APPEARANCE

   CIVIL MATTERS:  Videoconferencing may be used for all civil pretrials, early Scheduling Conferences, motions regarding discovery, adjournments, modifications to Scheduling Orders, Motions in Limine, post judgment collections, discovery matters, testimonial proofs for pro confesso hearings in divorce matters, motions for correction or amendment of pleadings, and motions for summary disposition.  Videoconferencing will not be used for trials or hearings wherein testimony of witnesses or presentation of evidence may occur. 

   CRIMINAL MATTERS:   Videoconferencing may be used for all initial Arraignments on Felony Information’s if not done in writing, Pretrial Conferences, Arraignments, and initial Show Causes on bond violations and probation violations, probation violation informal hearings, non-evidentiary motions and pleas.  Videoconferencing will not be used for trials, Final Pretrial Conferences, or any proceedings wherein the testimony of witnesses or presentation of evidence may occur, except in the discretion of the Court after all parties have had notice and an opportunity to be heard on the use of videoconferencing.  This includes Sentence hearings, motions, bond violation hearings, and probation violation formal hearings. 

    IN ALL MATTERS:  If there is a request by a participant to appear in person or the participant is unable to adequately use videoconferencing technology, the participant, along with the attorneys of record, will appear in-person before the Court.  Additionally, the Court reserves the right to determine that a case is not suited for videoconferencing.  All videoconferencing in matters involving the 28th Circuit Court will be conducted via Zoom at meeting ID # 630 706 0616. 

    Virtual courtroom proceedings are the same as in-person proceedings.  Appropriate conduct and attire are required.    The proceeding may be terminated if the video experience is not acceptable.       

COURTHOUSE SECURITY

The entrance to the Wexford County Courthouse is monitored by security equipment and security personnel.

The following items may not be brought into the buildings: guns, knives (including small pocket knives), razors, scissors, box cutters, any type of spray, and food/beverages (except for identified jurors and staff). All packages may be inspected. Dangerous or illegal objects may be seized.

Litigants should arrive early for court proceedings to allow time for security measures.

Persons with Pacemakers and Medical Devices:

For your safety, it is recommended that you not go through the metal detector or be exposed to the hand-held wand without a doctor’s approval.

COURTROOM ETIQUETTE

Prohibited in the Courtrooms:

• weapons of any sort
• smoking or vaping
• chewing tobacco
• chewing of gum
• swearing or use of profanity
• any type of assaultive or disruptive behavior
• inappropriate attire, such as t-shirts with swear words, depicting violence or sexual acts, promoting drug or alcohol use; muscle shirts; tank tops; halter tops; shorts; cut-off jeans; baggy pants that fall below the hips; micro-mini skirts; pants with holes; hats (except those worn for religious purposes)
• consumption of food or beverages unless allowed by the presiding judge
• Noise – Silence is Mandatory. Court proceedings must be electronically recorded. Therefore, silence is a necessity, unless you are a party to the proceeding that is in progress. Disruptive behavior such as talking, laughing, shouting or creating other loud disturbances will not be tolerated. The security staff may remove offenders from the building and the judges may hold violators in contempt of court. Mild-toned conversations may be conducted in the lobbies, hallways and conference rooms. We strongly discourage bringing young children to court.
• Disruptive behavior will not be tolerated. Security staff may remove offenders from the building and judges may hold violators in contempt of court.

Addressing the Court:

• Address the judge as “Your Honor” or “Judge.” Address the referee as Mr. or Ms.
• Stand when addressing the court unless otherwise allowed by the judge presiding in the courtroom. Please advise the judge or hearing official if you have a disability that would make this difficult.
• Only one person at a time may speak during a court proceeding. This ensures greater accuracy in making a record by audio and video recording equipment.
• Speak clearly and loudly. The large courtrooms absorb sound, making it difficult to hear mumbling and soft-spoken voices. Speaking clearly and loudly ensures the judge and the court recorder/recording equipment are hearing what is being said.
• Address the court either from a counsel table or from a podium. These areas are equipped with microphones. Stepping away from these areas reduces the accuracy of the record.

Respect:

• Be respectful of the judge or hearing official, the court staff, attorneys, litigants, witnesses, jurors, and others. Maintain a respectful attitude at all times in the courthouse, courtroom, and hearing rooms. 

USE OF PORTABLE ELECTRONIC DEVICES IN THE 28th CIRCUIT COURT

These rules are derived from Michigan Court Rules 8.115

A portable device is defined as a mobile device capable of electronically storing, accessing, or transmitting information.  This encompasses, among other things, a portable computer of any size, including a tablet, a notebook, or laptop; a smart phone, a cell phone, or other wireless phone; a camera and other audio or video recording devices; a personal digital assistant; other devices that provide internet access; and any similar items.

Inside the courtroom, no-one may use a portable electronic device to take photographs or for audio or video recording, broadcasting, or live streaming unless that use is specifically allowed by the judge presiding over that courtroom.

Outside the courtroom, in areas of the courthouse other than courtrooms, no-one may photograph, record, broadcast, or live stream an individual without that individual’s prior express consent.  No-one may photograph, record, broadcast, or live stream any juror or anyone called to the court for jury service.

Jurors must turn off their portable electronic devices while present in a courtroom.  A court may order jurors to turn off their portable electronic devices during deliberations.  Jurors may provide the number for the 28th Circuit Court to whose who may need to reach them in an emergency.  That number is 231-779-9490.

Witnesses must silence any portable electronic devices while in a courtroom and may use a device while testifying only with permission of a judge.

Use of portable electronic devices in the 28th Circuit Court may be used in the courthouse generally subject to the authority of the Chief Judge, judges of each courtroom, Clerks of the Court, or court administrators to limit or terminate activity that is disruptive to court operations or that compromise courthouse security. 

Attorneys, parties, and member of the public may use portable electronic devices in a courtroom to retrieve or to store information (such as notetaking), to access the internet, and to send and receive text messages or information.  They may also use these devices to produce public court documents in the clerk’s office as long as the device leave no mark or impression on the document and does not unreasonably interfere with the operations of the clerk’s office.

If these rules are violated, the judge presiding in the courtroom may confiscate the device for the remainder of the day or order that the phone be turned off and put away.  Violations of these rules are punishable by appropriate sanctions up to and including contempt of court as determined in the discretion of the court.

Customer Feedback:

Your opinion matters. Do you have a suggestion for improvement? Are you concerned about how you were treated? Would you like to send a compliment to let Court Staff know their efforts are appreciated? You may submit your concerns to circuitcourt@wexfordcounty.org. 

Americans With Disabilities Act

In 1990, Congress passed the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”  Congress explicitly directed that “the definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.” The ADA protects the rights of people who have a physical or mental impairment that substantially limits their ability to perform one or more major life activities, such as breathing, walking, reading, thinking, seeing, hearing, or working. While the ADA has five separate titles, Title II is the section specifically applicable to “public entities” (state and local governments) and the programs, services, and activities they deliver. 

                No qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services, and activities provided by state and local governments because of a disability. Regarding the 28^th Circuit Court, it strives to permit those with qualifying disabilities to participation in trials and hearings, both as a litigant and an observer; access to publications, libraries, and internet sites related to the court; ADR Programs; training offered by the court; physical accessibility of courtrooms and the courthouse; and the juror selection process. As a public entity, the 28^th Circuit Court will reasonably modify their rules, policies, and procedures to avoid discriminating against people with disabilities.

                If you need assistance, please contact Nicole Hagstrom, who is the ADA Coordinator for the 28th Circuit Court, via email circuitcourt@wexfordcounty.org or call 231-779-9490. For further information about ADA requirements and the Michigan judiciary’s commitment to assisting access to the courts, you may also visit Americans With Disabilities Act.

PUBLIC AND MEDIA NOTICE

https://www.courts.michigan.gov/4a33c1/siteassets/offices/public-information/journalistshandbook

Courtroom and Courthouse Decorum

 Policy Regarding Use of Cell Phones or Other Portable Electronic Communication Devices

Michigan Court Rule 8.115(C)

1. ​Purpose. This rule specifies the permitted and prohibited uses of portable electronic devices in a courthouse. Any allowed use of a portable electronic device under this rule is subject to the authority of a judge to terminate activity that is disruptive or distracting to a court proceeding, or that is otherwise contrary to the administration of justice.
2. ​Definitions.
   1. ​“portable electronic device” is a mobile device capable of electronically storing, accessing, or transmitting information. The term encompasses, among other things, a transportable computer of any size, including a tablet, a notebook, and a laptop; a smart phone, a cell phone, or other wireless phone; a camera and other audio or video recording devices; a personal digital assistant (PDA); other devices that provide internet access; and any similar items.
   2. ​A “courthouse” includes all areas within the exterior walls of a court building, or if the court does not occupy the entire building, that portion of the building used for the administration and operation of the court. A “courthouse” also includes areas outside a court building where a judge conducts an event concerning a court case.
   3. ​A “courtroom” includes the portion of a courthouse in which the actual proceedings take place.
3. Photography and audio or video recording, broadcasting, or live streaming. Except for requests for film or electronic media coverage of court proceedings as permitted under AO No. 1989-1, the following restrictions apply to photography, audio recording, video recording, broadcasting, or live streaming in a courthouse.
   1. ​In a courtroom: In a courtroom, no one may use a portable electronic device to take photographs or for audio or video recording, broadcasting, or live streaming unless that use is specifically allowed by the Judge presiding over that courtroom.
   2. ​Outside a courtroom: In areas of a courthouse other than courtrooms, no one may photograph, record, broadcast, or live stream an individual without that individual’s prior express consent.
   3. ​Jurors: No one may photograph, record, broadcast, or live stream any juror or anyone called to the court for jury service.
4. A witness must silence any portable electronic device while in a courtroom, and may use a device while testifying only with permission of a judge.
5. Attorneys, parties, and members of the public. The following provisions apply to use of portable electronic devices in a courtroom by attorneys, parties, and members of the public.
   1. Allowed uses: Attorneys, parties, and members of the public may use a portable electronic device in a courtroom to retrieve or to store information (including notetaking), to access the Internet, and to send and receive text messages or information. Attorneys, parties, and members of the public may use a portable electronic device to reproduce public court documents in a clerk’s office as long as the device leaves no mark or impression on the document and does not unreasonably interfere with the operation of the clerk’s office.
   2. ​Prohibited uses: Attorneys, parties, and members of the public must silence portable electronic devices while in the courtroom. A portable electronic device may not be used, without permission of the court, to make or to receive telephone calls or for any other audible function while court is in session. Portable electronic devices may not be used to communicate in any way with any courtroom participant including, but not limited to, a party, a witness, or juror at any time during any court proceedings. Additional prohibited uses related to photography, recording, and broadcasting are found in 8.115(C)(3) above.
6. ​Use of a portable electronic device outside a courtroom; limitations. Except as provided in paragraphs (3), (4) and (5) of this rule, a person may use a portable electronic device in a courthouse, subject to the authority of judges, Clerks of the Court, or court administrators to limit or terminate activity that is disruptive to court operations or that compromises courthouse security.
7. ​Violations of this rule. If these rules are violated, the presiding judge may confiscate the device for the remainder of the day or order that the phone be turned off and put away. Violations of this rule are punishable by appropriate sanctions up to and including contempt of court as determined in the discretion of the court. Contempt may be punished by up to 93 days in jail and/or fines up to $7,500.

Michigan Supreme Court Administrative Order No. 1989-1

Film or Electronic Media Coverage of Court Proceedings

1. The following guidelines shall apply to film or electronic media coverage of proceedings in Michigan courts:
2. ​Definitions.
   1. ​“Film or electronic media coverage” means any recording or broadcasting of court proceedings by the media using television, radio, photographic, or recording equipment.
   2. ​“Media” or “media agency” means any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, professional journal, or other news reporting or news gathering agency.
   3. ​“Judge” means the judge presiding over a proceeding in the trial court, the presiding judge of a panel in the Court of Appeals, or the Chief Justice of the Supreme Court.
3. ​Limitations.
   1. ​Film or electronic media coverage shall be allowed upon request in all court proceedings. Requests by representatives of media agencies for such coverage must be made in writing to the clerk of the particular court not less than three business days before the proceeding is scheduled to begin. A judge has the discretion to honor a request that does not comply with the requirements of this subsection. The court shall provide that the parties be notified of a request for film or electronic media coverage.
   2. ​A judge may terminate, suspend, limit, or exclude film or electronic media coverage at any time upon a finding, made and articulated on the record in the exercise of discretion, that the fair administration of justice requires such action, or that rules established under this order or additional rules imposed by the judge have been violated. The judge has sole discretion to exclude coverage of certain witnesses, including but not limited to the victims of sex crimes and their families, police informants, undercover agents, and relocated witnesses.
   3. ​Film or electronic media coverage of the jurors or the jury selection process shall not be permitted.
   4. ​A trial judge’s decision to terminate, suspend, limit, or exclude film or electronic media coverage is not appealable, by right or by leave.
4. ​Judicial Authority. Nothing in these guidelines shall be construed as altering the authority of the Chief Justice, the Chief Judge of the Court of Appeals, trial court chief judges, or trial judges to control proceedings in their courtrooms, and to ensure decorum and prevent distractions and to ensure the fair administration of justice in the pending cause.
5. Equipment and Personnel. Unless the judge orders otherwise, the following rules apply:
   1. ​Not more than two videotape or television cameras, operated by not more than one person each, shall be permitted in any courtroom.
   2. Not more than two still photographers, utilizing not more than two still cameras each with not more than two lenses for each camera, and related necessary equipment, shall be permitted in any courtroom.
   3. ​Not more than one audio system for radio and/or television recording purposes shall be permitted in any courtroom. If such an audio system is permanently in place in the courtroom, pickup shall be made from that system; if it is not, microphones and wires shall be placed as unobtrusively as possible.
   4. ​Media agency representatives shall make their own pooling arrangements without calling upon the court to mediate any dispute relating to those arrangements. In the absence of media agency agreement on procedures, personnel, and equipment, the judge shall not permit the use of film or electronic media coverage.
6. Sound and Light Criteria.
   1. ​Only television, photographic, and audio equipment which does not produce distracting sound or light shall be utilized to cover judicial proceedings. Courtroom lighting shall be supplemented only if the judge grants permission.
   2. ​Only still camera equipment which does not produce distracting sound or light shall be employed to cover judicial proceedings. No artificial lighting device of any kind shall be employed with a still camera.
   3. ​Media agency personnel must demonstrate in advance, to the satisfaction of the judge, that the equipment proposed for utilization will not detract from the proceedings.
7. Location of Equipment and Personnel.
   1. ​Television camera equipment and attendant personnel shall be positioned in such locations in the courtroom as shall be designated by the judge. Audio and video tape recording and amplification equipment which is not a component of a camera or microphone shall be located in a designated area remote from the courtroom.
   2. ​Still camera photographers shall be positioned in such locations in the courtroom as shall be designated by the judge. Still camera photographers shall assume fixed positions within the designated areas and shall not move about in any way that would detract from the proceedings.
   3. ​Photographic or audio equipment may be placed in, moved about in, or removed from, the courtroom only during a recess. Camera film and lenses may be changed in the courtroom only during a recess.
   4. ​Representatives of the media agencies are invited to submit suggested equipment positions to the judge for consideration.
8. ​Conferences. There shall be no audio pickup, broadcast or video closeup of conferences between an attorney and client, between co-counsel, between counsel and the judge held at the bench at trial, or between judges in an appellate proceeding.
9. ​Conduct of Media Agency Personnel. Persons assigned by media agencies to operate within the courtroom shall dress and deport themselves in ways that will not detract from the proceedings.
10. ​Non-exclusivity. These guidelines shall not preclude coverage of any judicial proceeding by news reporters or other persons who are employing more traditional means, such as taking notes or drawing pictures.