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P14 2014-01J: LAO Concurrent Jurisdiction Plan

Administrative Order No. 2003-1 and MCL 600.401 et seq. authorize Michigan trial courts to adopt concurrent jurisdiction plans within a county or judicial circuit, subject to approval to the Court.

The Court hereby approves adoption of the following concurrent jurisdiction plan effective immediately:

  • The 43rd Circuit Court, the 4th District Court, and the Cass County Probate Court. 

The plan shall remain on file with the state court administrator. 

Amendments to concurrent jurisdiction plans may be implemented by local administrative order pursuant to MCR 8.112. Plan amendments shall conform to the requirements of Administrative Order No. 2003-1 and MCL 600.401 et  seq. 

  1. Applicant Summary

    1. Applicant

      • 43rd Judicial Circuit Court, Cass County
        Cass County Probate Court
        4th District Court, Cass County
      • Address
        • 60296 M-62
          Cassopolis, MI 49031

    2. Contact Person: Carol Montavon Bealor

      • Title: Court Administrator
      • Address: 
        • 60296 M-62
          Cassopolis, MI 49031
      • Fax: (269) 445-4435
      • Email: carolb@cassco.org
    3. Concurrent Jurisdiction Type: Circuit, Probate, and District Court Jurisdictions

  2. Plan Description

    • Subject to the approval by the Michigan Supreme Court and Subject to the limitations set forth in 2002 PA 678 as amended by 2012 PA 338, a plan of concurrent jurisdiction is adopted by the Judges of Cass County.
    • This plan of concurrent jurisdiction provides for exercise of power and jurisdiction as follows: 
      1. The Circuit Court and Circuit Court Judge may exercise the power and jurisdiction of the Probate Court.
      2. The Circuit Court and Circuit Court Judge may exercise the power and jurisdiction of the District Court.
      3. The Probate Court and Probate Court Judge may exercise the power and jurisdiction of the Circuit Court. 
      4. The Probate Court and Probate Court Judge may exercise the power and jurisdiction of the District Court.
      5. The District Court and District Court Judge may exercise the power and jurisdiction of the Circuit Court.
      6. The District Court and the District Court Judge may exercise the power and jurisdiction of the Probate Court.

  3. Certification of Plan Approval

    • Adoption of this plan by the Judges of the 43rd Judicial Circuit Court, the Probate Court and the 4th District Court of Cass County, Michigan is evidenced by the respective Judges' signatures herein.

  4. Proposed Judicial Resource Allocations & Administration 

    1. Concurrent Jurisdiction Plan Goals

      • The anticipated benefits that will be realized through the adoption of this plan include:
        1. Judicial Resources: making the best use of Judges, Magistrates and Referees
          1. Greater flexibility in assigning Judges and quasi-judicial officers to cases
          2. Reduce redundant judicial and quasi-judicial activities
          3. Ability to consolidate related matters
          4. Ability to assign judicial resources based on need and workload
          5. More equitable distribution of workloads
          6. Improve flexibility in covering absences and disqualifications
        2. Governance and Decision Making: How the Courts will be governed and how decisions will be made
          1. Continue implementation of the Judicial Council to approach governance and decision making in a more unified manner focusing on cooperation and collaboration between the Courts
          2. Improve communication among Judges, quasi-judicial officers and administrative staff
          3. Improve communications with funding unit
          4. Ensure that decision making considers the needs of all Court units
          5. Reduce competition between Court units for resources
          6. Improve cooperation and teamwork
        3. Administration and Fiscal Control: more effective design of administrative structure
          1. Enable assignment of support staff based on need
          2. Reduce duplication and redundancy of administrative activities
          3. Increase uniformity of budgeting and financial reporting
          4. Increase coordination and effectiveness of collections
          5. Maximize utilization of staff, facilities and capital resources
          6. Improve utilization of courtrooms
          7. Standardize rules, policies and procedures
          8. Create opportunities for planning, innovation and self-evaluation
        4. Information Systems: how the Court can best use or improve technology
          1. Improve integration of case management systems
          2. Improve public access to Court information
          3. Achieve timely reporting of required data
          4. Explore technology innovations such as electronic imaging with a goal of integrating technologies that can increase productivity and efficiency while also eliminating redundancy
        5. Case Management: Manage case processing more effectively and efficiently
          1. Reduce delay and duplication
          2. Minimize unnecessary appearances by and inconveniences to litigants, witnesses, and attorneys
          3. Increase use of alternative dispute resolution programs
          4. Continue exploring alternate Court programs including but not limited to programs already existing in Cass County such as Family Treatment Court, Sobriety Court, Adult Treatment Court, and Swift and Sure Sanctions Probation Program
          5. Improve compliance with time guidelines

    2. Judicial Resources

      1. The Judicial Council will continue to review the issue of case assignment to ensure cases are timely heard while also taking into consideration that there is an equitable distribution of caseloads. 
      2. The Judicial Council will also review and address special situations such as unexpected or unusual increases in caseload or the unexpected unavailability of a particular Judge. The Judicial Council will review the increase and/or decree of caseloads and the assignments of judicial resources.
      3. Except as otherwise provided for in this plan or determined hereafter by the Judicial Council, cases will be assigned to the Courts as if this plan had not been adopted. 
      4. Circuit Court: The Circuit Court and Circuit Court Judge may exercise the power and jurisdiction of:
        1. the Probate Court;
        2. the District Court.
      5. Circuit Court/Family Division: The current Family Court Plan, as it may be amended from time to time, is hereby incorporated by reference.
      6. Probate Court: The Probate Court and Probate Court Judge may exercise the power and jurisdiction of:
        1. the Circuit Court;
        2. the District Court.
      7. District Court: The District Court and District Court Judge may exercise the power and jurisdiction of:
        1. the Circuit Court;
        2. the Probate Court.
      8. Special situations: notwithstanding the assignments set forth herein, all Judges will be available to sit in all divisions of the Court if a special need arises and the Judges shall regularly communicate regarding any such need.
      9. Appeals from Disqualification rulings shall be assigned on a rotating basis between the remaining qualified Judges.
      10. Special assignments: Nothing in this plan limits the authority of the Stat Court Administrative Office to assign any Judge(s) for temporary or emergency service in any Court.

    3. Quasi-judicial Resources

      1. Magistrates, bailiffs, referees, law clerks, and administrators shall be authorized to act outside of their respective primary Courts to carry out this plan. Each shall assist the other Courts as directed in spirit of collaboration and cooperation. 
      2. The Judicial Council shall review the needs of each Court on a periodic basis to ensure that quasi-judicial resources are being used in the most expeditious and effective manner to meet the needs of the Courts and the spirit and goals of this plan.

    4. Court Governance and Administration

      1. Court Governance: The 43rd Judicial Circuit Court, the Probate Court, and the 4th District Court are separate and distinct. However, in furtherance of the goals stated within this plan, governance shall be accomplished by consensus of the Judicial Council. 

        Consensus is defined as acceptance of the decision and support for the decision by all members of the Judicial Council, not as unanimity of agreement. If any member of the Judicial Council cannot agree to support a decision, no decisions shall be made, unless it is necessary to do so because of a requirement by state law or administrative order of the Supreme court, or due to exigent circumstances.

        The Judicial Council shall be compromised of the Circuit Court Judge, the Probate Court Judge, the District Court Judge, the Probate Registrar, the Juvenile Financial Officer, the County Clerk, the District Court Administrator and the Court Administrator. Additional attendees may be asked to participate from time to time or on a regular basis as determined necessary to carry out the goals of the Judicial Council. The Judicial Council shall meet monthly at times and locations determined by the council. Although only sitting Judges shall be voting members on the council, active participation by other council members in an advisory basis shall be encouraged to ensure a broad spectrum of input into decisions and issues relating to Court governance.
      2. Administrator: This plan contemplates the retention of two court administrators: one for District Court and one for Circuit Court/Family Court/Probate Court. However, the Judicial Council will affirmatively review and act on opportunities to reduce costs and increase efficiency. 

        Attached is an organizational chart of the Courts under this plan. 

    5. Human Resources

      1. Except as otherwise provided, this plan contemplates retention of the current employment status (union, nonunion, benefits, etc.) of each Court's staff.
      2. Although employees will continue to be primarily employed by their respective Courts, all employees are expected to cooperate with the goals set out by this plan and to work cooperatively. This is a formalization of what is already occurring. The goal is to have work environment of collaboration and cooperation. 

    6. Budget and Fiscal Management

      1. The Judicial Council shall coordinate preparation and presentation of budgets. The Judicial Council will review requests by Courts for additional staffing before the annual budget review of the County.
      2. The Judicial Council shall coordinate initiatives for improvement of Court operations through appropriate use of existing and developing technologies, including exploring such technology projects as imaging and e-filing.
      3. The Judicial Council shall coordinate collections initiatives and activities, in order to provide efficient and robust enforcement of all the Courts' financial assessments. 

    7. Funding Unit

      1. The Judicial Council shall liaison with the County to carry out the goals and initiatives set forth in this plan. 
      2. The Judicial Council shall work collaboratively and cooperatively with the County to ensure efficient and effective management of the Court systems.

    8. Records Management 

      1. The records of the Circuit Court, Probate Court, and District Court shall continue to be maintained by the respective Court staff in the same manner as the method employed for record management before adoption of this plan.
      2. The ongoing county imaging project shall continue to be explored and pursued to improve the county's records management system. 

    9. Information Systems

      1. The Courts will collaborate and cooperate with the county Information Systems Department to plan for further improvement and enhancement of the existing system. 
      2. This effort will include exploring more flexible information systems and options including the ongoing county imaging project which is being actively pursued at this time. 

    10. Facilities and Infrastructure

      1. This plan does not contemplate any changes to facilities or infrastructure (including security, courtroom utilization, court hours, records maintenance, or location or support activities).
      2. The Judicial Council, with input from Sheriff, will be responsible for establishing and reviewing security policies for the Law & Courts Building. 
      3. The standardized hours of operation shall continue.
      4. The Judicial Council will continue to be mindful of judicial and Court staff needs as well as the needs of the public and review on a period basis any issues related to the Court facilities and infrastructure. 

    11. Jury Management

      1. Jury management is already consolidated in Cass County.
      2. This plan contemplates continuing the consolidated jury management system overseen by the Cass County Clerk. 
      3. The Judicial Council will continue to explore ways to increase jury efficiencies and to minimize inconvenience to Cass County citizens. 

    12. External Relations and Access to Justice

      1. In developing this plan, Courts have sought input from a broad spectrum of stakeholders. 
      2. This plan has been submitted to the local funding unit for a review of the plan's financial implications at least 30 days prior to submission for approval, pursuant to Administrative Order 2003-1. 
      3. Upon adoption of this plan, persons and entities will be informed of changes in Court policies, procedures and processes through a presentation to the Cass County Board of Commissioners, press releases to various media, posting on the Cass County website, and email notification to members of the Cass County Bar Association. 

    13. Training

      1. Training will continue to be a priority since the successful implementation of this plan contemplates appropriate training and support for judicial and Court support staff.
      2. SCO, MJI, Association training events, and in-house trainings will continue to be utilized for judicial and Court support staff.

    14. Planning Process

      1. This plan was developed over a period of time and it will continue to evolve and be refined as different aspects of the plan are implemented.
      2. The Judicial Council will continue to seek input from a variety of stakeholders to ensure that this plan takes into account the community's needs as a whole.

    15. Amendment/Termination

      1.  Except as otherwise allowed or required by law, this plan may be amended in whole or in part upon a majority vote of the Circuit Court, Probate Court and District Court Judges of Cass County.

    16. Effective Date

      1. This plan shall be effective 91 days after it is approved by the Michigan Supreme Court. 

Find the fully executed version and attachments here.

  1. Cass County Michigan Courts Homepage

Service Hours

  1. Public service windows for each court department are open Monday through Friday, 8 am to Noon and 1 pm to 4:30 pm.

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