Rule 3.951.Initiating Designated Proceedings

MCR 3.951 starts a designated case — a juvenile case tried in the same manner as an adult. It splits into two parallel tracks that share most of their machinery. Subrule (A) covers cases the prosecuting attorney designates by petition. Subrule (B) covers cases charging an offense other than a specified juvenile violation, where the prosecuting attorney asks the court to designate. The difference between the tracks shows up in what the court schedules next and in one line of the advice of rights.

Timing of the arraignment

Both tracks use the same clock. If the juvenile is in custody or custody is requested, the arraignment must commence no later than 24 hours after the juvenile has been taken into court custody, excluding Sundays and holidays as defined by MCR 8.110(D)(2), or the juvenile must be released. The court may adjourn for up to 7 days to secure the attendance of a parent, guardian, legal custodian, or witness, or for other good cause. If the juvenile is not in custody and custody is not requested, the juvenile is brought in as soon as attendance can be secured.

Advice of rights

The court first determines whether a parent, guardian, or legal custodian has been notified and is present. The arraignment may go forward without one if a guardian ad litem or attorney appears with the juvenile. Attorney appointments, even if just for the arraignment, are made by the appointing authority of the court's local funding unit.

The court then reads the allegations and advises the juvenile on the record in plain language of the right to an attorney at all court proceedings including the arraignment, the right to trial by judge or jury, the right to remain silent and that any statement may be used against the juvenile, and the maximum possible prison sentence together with any mandatory minimum required by law. The remaining advice depends on the track:

• In a prosecutor-designated case under subrule (A)(2)(b), the juvenile is told of the right to a preliminary examination within 14 days, and that the case has been designated for trial in the same manner as an adult, so that on a showing of probable cause the juvenile receives all the rights of an adult charged with the same crime and may be sentenced as an adult on conviction.
• In a court-designated case under subrule (B)(2)(b), the juvenile is told of the right to a designation hearing within 14 days, and of the right to a preliminary examination within 14 days after the case is designated if the charge is a felony or an offense for which an adult could be imprisoned for more than one year.

Authorizing the petition

Unless the arraignment is adjourned, the court decides whether to authorize the filing of the petition. If it does, the court determines whether biometric data must be taken under MCR 3.936, and decides whether to detain or release the juvenile under MCR 3.935(C) when custody is at issue. It then schedules the next step: a preliminary examination within 14 days before a judge other than the judge who would conduct the trial in a prosecutor-designated case, or a designation hearing within 14 days in a court-designated case. A juvenile may be detained pending completion of the arraignment if one of the circumstances in MCR 3.935(D)(1) appears.

Amending to designate

Subrules (A)(3) and (B)(3) handle a petition that omitted the designation or the request for one. The prosecuting attorney may amend by right during the preliminary hearing. After that, amendment takes leave of the court, requested no later than the pretrial hearing or, if there is no pretrial hearing, at least 21 days before trial, absent good cause for further delay. The court may permit the amendment as the interests of justice require.