Court Administration -Assignment Clerk

The Assignment Clerk, assisted by a staff of four, ensures that cases flow smoothly through the court system. The Assignment Clerk staff issues discovery and case evaluation scheduling orders as well as trial procedural orders. The staff schedules cases for trial or other hearings, prepares "dockets" listing cases scheduled for given days, and tracks action taken by judges of the Court. Motion schedules are prepared by the Assignment Clerks. The staff also enter answers to complaints into the Court's computer system. The staff answers questions from the public, litigants and attorneys about the status of cases and the location of court proceedings.

Contact Information:

General Docket questions:  586 469 5150

Motions:  586 469 5174

No Progress/No service:  469 5133

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Court Administration - Case Evaluation/ADR

"Circuit Court Case Evaluation" is an alternative dispute resolution process which requires that most civil cases be evaluated by a panel of three experienced attorney "evaluators" who review written and oral presentations and "evaluate" the monetary value of each case. It is designed to encourage parties to settle their lawsuits short of time consuming and expensive trials by the threat of monetary sanctions if the evaluation is rejected. Once a case is evaluated by a panel, a party who rejects that evaluation faces the possibility of paying the actual costs, including reasonable attorney fees, of the opposing party for the remainder of the case unless the rejecting party improves its position at trial. These costs can be in the tens of thousands of dollars. Thus, there is strong incentive to resolve cases.

The Case Evaluation/ADR Clerks are responsible for implementing the court rule. They schedule hearings in appropriate civil cases, receive the written case summaries, track the evaluations and follow up on the required documentation. Cases not resolved in the case evaluation process are scheduled for trial.

'ADR' or 'Alternative Dispute Resolution' is a process created by Michigan court rule, MCR 2.410, in which parties are referred to a mediator who helps them resolve their dispute, rather than litigate it in court.  A judge can refer a case to ADR after consultation with the parties.

Contact:  586 469 6039

Case evaluator application, click here.

ADR provider application, click here.

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Court Administration - Adult Felony Drug Court

The Adult Felony Drug Court is a program which provides intensive treatment and supervision to jail or prison bound non-violent felony defendants who are addicted to or depend on drugs or alcohol.  The program includes 15 months of intensive supervision by the Drug Court judges, Drug Court Team, and Probation Officers followed by a 6 month aftercare program.

Drug Court is designed to stop the cycle of drug or alcohol abuse and criminal activity by helping defendants learn to lead sober, productive and law-abiding citizens, resulting in the reduction of crime and cost to the community.

Eligibility is limited. Defendants interested in this program must be screened for eligibility and referred to the Drug Court staff.  Defendants can only be admitted after a full assessment and a hearing before the Drug Court judge. 

This project was supported by grant project #05-046, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice and administered in michigan by the Michigan Department of Community Health/Office of Drug Control Policy.  Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Contact at:  (586) 469 5031

Documents relating to Drug Court:

Eligibility Screening Form (pdf)

Drug Court Handbook (pdf)

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Court Administration - Judicial Aide

The Judicial Aide division of Court Administration is charged with ensuring that each person charged with a felony within the jurisdiction of the Macomb County Circuit Court who is unable to afford an attorney, is appointed a defense attorney. Indigent defendants are not entitled to free representation by an attorney, but are required to reimburse the Court for the cost of the representation when they are able to do so. The Judicial Aide division is responsible for appointing defense and appellate counsel in felony cases, appointment of interpreters, collection of monies expended for court-appointed counsel and other defense costs, approval of requests for return of cash bonds, and processing requests for information from felony defendants. The Judicial Aide division has been designated as the Court's contact for individuals needing accommodation pursuant to the Americans with Disabilities Act.

Contact:  586 469 5156

Documents available relating to Judicial Aide:

Application criminal_app.pdf

Application_domestic_app.pdf

Application_juvenile_app.pdf

Schedule of fees for court appointed lawyers, felony

Request for Payment of Attorney Fees 2007

Request for Payment of Attorney Fees Juvenile 2007

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Court Administration - Family Counseling Service

Family Counseling assists the Macomb County Circuit Court in the assessment of domestic cases in which issues of custody and parenting time of minor children have been brought before the Court. These may be situations with parties who have never married, have divorced, or who are in the process of divorcing. Services are rendered only upon referral order of the Court.

Services are provided by independent contractors.

A fee is charged for each service and must be paid before appointments may be set. The Judge determines the amount of the fee to be paid when the case is referred. Generally, the fee is $600.00. The Judge will determine how the fees are to be paid; each party normally pays half of the fee. Fees are payable at the office of the Family Counseling Service. If the fees are paid by check or money order, they must be made payable to Macomb County. Fees may be paid by credit card by calling Government Payment Services, Inc. at 1-888-604-7888. There is a service fee for payments made by credit card.

Initial appointments are usually set at 9:00 a.m. or at 1:00 p.m. Evening and weekend appointments are not available. The parent who maintains physical custody is usually scheduled for the first appointment. Children ages five years and older are also seen. It is recommended that another adult accompany the parent who brings the children to the interview as the children remain in the waiting room during the parent's interview.

Services of Family Counseling:

Evaluation - Evaluations consist of a one-time interview of the parties, minor child(ren) ages five years and older, significant others, current spouses, and/or other parties as the Judge or contractor determine necessary. A written report and recommendation is submitted to the Court.

The parties and minor child(ren) are interviewed individually. The written recommendation is the opinion of the independent contractor conducting the evaluation. The Judge makes the final decision. Copies of the report are sent to the Judge, to the Friend of the Court and to each attorney or non-represented party.

Parental Coordination Evaluation - The purpose of this program is to help monitor parenting time issues. Four to six sessions are scheduled with the parties seen individually or together. The parties sign a release form which allows immediate feedback to be provided to the Court regarding parenting time. A recommendation may be made to the Court regarding any parenting time conflicts.

Counseling - 'Counseling' consists of four to six sessions. Issues relating to parenting time or custody matters are discussed. Any information obtained during these sessions is confidential. No report or recommendation is submitted to the Court. The parties, minor child(ren) ages five years and older, significant others, current spouses, or other parties that the Judge or independent contractor determine necessary will be seen during this time. The appointment with the custodial parent and minor child(ren) is designated as Session 1; the appointment with the non-custodial parent is designated as Session 2. Subsequent joint sessions are set to the schedule of the parties and the independent contractor.

Mediation - Mediation consists of four to six sessions. The parties work with the independent contractor to prepare a written agreement which outlines their parenting issues. Any information obtained during these sessions is confidential. A summary of the parties' agreement will be submitted to the Court and the Friend of the Court at the conclusion of the mediation sessions. The appointment with the custodial parent and minor child(ren) is designated as Session 1; the appointment with the non-custodial parent is designated as Session 2. Subsequent joint sessions are set to the schedule of the parties and the contractor.

Contact:    (586) 469-5204
   

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Friend of the Court

The Friend of the was created by State statute to assist the Court in handling domestic relations cases.

More details on the Friend of the Court are available at Friend of the Court

Contact at:  (586) 469 5160

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Research Department and Law Library

The Macomb County Circuit Court Research Department consists of seven attorneys, a part-time law clerk and a secretary. The Research Department provides research and writing assistance to the judges of the Court. The Department also maintains the Macomb County Law Library--the only public law library in Macomb County. The Law Library contains many reference materials covering state and federal law. The Law Library also has sections on probate law, family law, commercial law, taxes and criminal law. The Law Library is a valuable resource which is frequently used by members of the public interested in law, local businesses, students and lawyers. The Law Library is open during the Court's business hours.

The research staff continues to utilize innovative technological devices, including computer-assisted legal research on a national database through WestLaw and legal materials on CD ROM. Unfortunately, these special research devices cannot be used by the public.

The Chief Research Attorney supervises the summer law clerks and internship programs for students in local law schools and students in the paralegal program at the Macomb Community College. The Research Department also participates in a paralegal cooperative program with Macomb Community College's paralegal program. Students attending legal assistant courses at Macomb Community College can work for the Court to gain experience and academic credit.

To view an informational booklet about the Law Library, click here.

Contact at:  (586) 469 5159

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Juvenile Division

380 North Rose Street
Mount Clemens, Michigan 48043
Phone: (586) 469-5240

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Court Administration - Reimbursement Division

10 N. Main St., 5th Floor		Juvenile Court Office
Mt. Clemens, MI  48043		380 N. Rose
Phone: (586) 469-5258		Mt. Clemens, MI  48043
Office hours  8:30 a.m. - 5:00 p.m.		(586) 469-5420

FUNCTION

The Reimbursement Division assists the 16th Judicial Circuit Court Juvenile Division in reimbursement of court ordered assessments and the cost of care and service for youth in juvenile cases.  Michigan law requires that the costs that are incurred by a child or a parent in the Macomb County Juvenile System be reimbursed by the parents, the child and/or other legally responsible persons consistent with their ability to pay.  The amount of the monthly reimbursement payment is determined by the assigned Referee or Judge based on financial information supplied by the responsible person(s).  Failure to provide financial information may result in an order of full payment of the actual costs

FINANCIAL STATEMENT

Financial statements are to be completed by the parents and/or other legally responsible persons.  In addition, the following documentation will be required:

Prior year Federal tax return, schedules and W-2 form

Three current paycheck stubs

Statement of Social Security (if applicable)

Statement of government assistance

ADC, DHS, Workman’s Compensation, Unemployment Compensation, disability insurance), if applicable.

Copy of divorce decree (if applicable)

Medical insurance information

Copy of driver’s license or other ID

COSTS ASSESSED BY THE COURT

Cost of Care Expenses

Attorney Fees

Probation Fees      

Diversion Services

Medical Fees                                

Restitution

Other Miscellaneous Fees and Costs

JUVENILE BENEFITS

Government benefits and child support payments are to be paid to the County of Macomb during the period in which a child is placed in  care outside of the home by Juvenile Division.  Benefits include but are not limited to child support, Social Security, Supplemental Social Security, Veterans payments, Adoption Subsidies, trust funds.

 

BILLING AND PAYMENT PROCEDURES

Reminder notices will be periodically be sent to responsible parties.  Payments are due monthly as established by the Reimbursement Order.

Checks and money orders are payable to Macomb County.  Include the case number on any checks or money orders.

Voluntary wage assignments are available for automated payment deduction.

Payments may be made by credit card via the Government Payment Service by calling (800) 989 7780 referencing ‘pay location 1443.’

FAILURE TO PAY

Failure to pay Court ordered assessments, including reimbursement, in a timely manner may result in the issuance of an order to show cause why you should not be held in contempt of court, a bench warrant for your arrest, penalties pursuant to state law, a court ordered wage assignment, garnishment, and any other remedy allowed by law.

LATE PENALTY

A person who fails to pay a fee or costs in full within 56 days of the date it is due and owing will be subject to a  late penalty in the amount of 20% of  the amount owed pursuant to MCL 600.4803.

BONDS

Bond monies may be retained by the Court in payment of juvenile costs.  MCR 5.935(c)(6)(a).

QUESTIONS AND PROBLEMS

Questions or problems regarding court ordered reimbursement may be submitted by letter stating the nature of the question or problem to:

Macomb County Reimbursement Division

ATTN:  Reimbursement Director

10 North Main, 5th Floor

Mount Clemens  MI  48043

RIGHT TO HEARING

An interested party in a juvenile proceeding has the right to request a hearing before the assigned judge or referee.  If so the interested party must request a hearing pursuant to the Michigan court rules. 

CHANGE OF ADDRESS

The parents, guardians, custodians of the juvenile and any other individual involved in the case, shall keep the Court/Reimbursement Division informed, in writing, of their current mailing address.