Rule 3.912.Judge
Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026
Full Text of Rule 3.912
Plain-English Summary
MCR 3.912 divides the work of juvenile court between judges and referees from the judge's side. It names the hearings a referee may never take, gives parties a route to insist on a judge elsewhere, and adds rules about which judge handles which stage of a designated case.
Where a judge is required
Subrule (A) sets a floor. A judge must preside at:
- a jury trial;
- a waiver proceeding under MCR 3.950;
- the preliminary examination, trial, and sentencing in a designated case; and
- a proceeding on the issuance, modification, or termination of a minor personal protection order.
What these four share is consequence. A jury trial resolves the contested facts of the case. A waiver proceeding under MCR 3.950 decides whether the family division gives up jurisdiction to a court of general criminal jurisdiction. The preliminary examination, trial, and sentencing in a designated case are the stages at which a juvenile is tried in the same manner as an adult. And a minor personal protection order restrains someone by order of the court.
Demanding a judge instead of a referee
Subrule (B) states a general right and then a specific mechanism. The general right is that parties have the right to a judge at a hearing on the formal calendar. The mechanism covers the nonjury trial: a party may demand that a judge rather than a referee preside by filing a written demand with the court. The timing mirrors the jury demand. A party has 14 days after the court gives notice of the right to a judge, or 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever is later, and in no event later than 21 days before trial. The court may excuse a late filing in the interest of justice.
Designated cases and which judge sits
Subrule (C)(1) separates two roles. The judge who presides at the preliminary examination may not preside at the trial of the same designated case, unless a determination of probable cause is waived. That exception matters: waive the probable cause determination and the bar drops away. The same subrule preserves one thing the examining judge may still do, which is accept a plea in the designated case.
Subrule (C)(2) runs the other direction, giving the juvenile a right to continuity rather than separation. The juvenile has the right to demand that the same judge who accepted the plea or presided at the trial preside at sentencing or delayed imposition of sentence. The rule then draws a line: that right does not reach a juvenile disposition of the designated case.
Disqualification
Subrule (D) does not write its own standard. Disqualification of a judge is governed by MCR 2.003, the general civil rule, so a juvenile file raises and decides disqualification the same way any other case does.
Frequently Asked Questions
Which juvenile hearings require a judge rather than a referee?
Subrule (A) names four: a jury trial, a waiver proceeding under MCR 3.950, the preliminary examination, trial, and sentencing in a designated case, and a proceeding on the issuance, modification, or termination of a minor personal protection order.
How do you demand a judge instead of a referee in a Michigan juvenile case?
Subrule (B) calls for a written demand filed with the court. A party has 14 days after the court gives notice of the right to a judge, or 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever is later, but no later than 21 days before trial. A late filing may be excused in the interest of justice.
Can the judge who held the preliminary examination in a designated case also hold the trial?
Not unless a determination of probable cause is waived. Subrule (C)(1) otherwise bars the examining judge from presiding at the trial of the same designated case, though that judge may accept a plea in the case.
Does a juvenile get the same judge at sentencing in a designated case?
Subrule (C)(2) gives the juvenile the right to demand that the judge who accepted the plea or presided at the trial also preside at sentencing or delayed imposition of sentence. The right does not extend to a juvenile disposition of the designated case.
What rule governs disqualifying a judge in a juvenile proceeding?
MCR 2.003. Subrule (D) adopts the general civil disqualification rule rather than creating a juvenile-specific standard.
Is there a right to a judge at hearings other than trial?
Subrule (B) provides that the parties have the right to a judge at a hearing on the formal calendar. The written demand procedure described in that subrule is directed at having a judge rather than a referee preside at a nonjury trial.