Rule 3.941.Pleas of Admission or No Contest

MCR 3.941 is the rule for resolving a delinquency charge by plea. A juvenile may offer a plea of admission or of no contest, but only with the consent of the court, and the court may accept it only after satisfying itself that the plea is accurate, voluntary, and understanding. Those three words in subrule (A) organize the rest of the rule.

Conditional pleas

Subrule (B) allows a plea of admission or no contest conditioned on the preservation of an issue for appellate review. That gives a juvenile a way to resolve the charge while keeping a contested ruling alive on appeal.

The colloquy

Subrule (C) requires the court to personally address the juvenile and to comply with each of subrules (1) through (4).

For an understanding plea, subrule (C)(1) requires the court to tell the juvenile the name of the offense charged and the possible dispositions, and to explain that acceptance of the plea means no trial of any kind and the loss of the rights that a trial would carry. The rule lists those rights: trial by jury; trial by the judge if the juvenile does not want a jury; the presumption of innocence; proof of guilt beyond a reasonable doubt by the petitioner or prosecutor; the appearance of witnesses against the juvenile; questioning those witnesses; a court order compelling defense witnesses to appear; the right to remain silent without that silence being used against the juvenile; and the right to testify if the juvenile wants to.

For a voluntary plea, subrule (C)(2) requires the court to confirm any plea agreement on the record and to ask the juvenile whether promises were made beyond those in the agreement or whether anyone threatened the juvenile.

For an accurate plea, subrule (C)(3) bars acceptance without support for a finding that the juvenile committed the offense. The path to that support differs by plea type:

• on a plea of admission, the court may question the juvenile or use other means;
• on a plea of no contest, the support must come by means other than questioning the juvenile, and the court must also state why a no contest plea is appropriate.

Subrule (C)(4), headed Support for Plea, adds a fourth step. The court must ask the parent, guardian, legal custodian, or guardian ad litem, if present, whether there is any reason the court should not accept the plea the juvenile has tendered. The inquiry is required only of a person who is present.

Withdrawing a plea

Subrule (D) turns on the moment of acceptance. The court may take a plea under advisement. Before the court accepts it, the juvenile may withdraw the plea offer by right. After acceptance, withdrawal moves into the court's discretion.