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.