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36th Judicial Circuit
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The 36th Judicial Circuit of the State of Michigan consists of all of Van Buren County. The county is served by two elected circuit court judges—the Honorable Paul E. Hamre and the Honorable William C. Buhl.
Circuit Courts have jurisdiction over:
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Criminal Felonies
Civil Family Division Actions
General Civil Actions
Appeals
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Criminal Felonies
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Crimes that are specified as felonies, and crimes that carry punishment for more than one year in prison are defined as felonies. Circuit Court has exclusive jurisdiction of all felonies.
Felonies are initiated with a complaint and warrant in the District Court. A defendant may have a preliminary examination there to determine if there is probable cause to be tried in Circuit Court, or the exam may be waived. The defendant is then arraigned on a felony information in Circuit Court, where the defendant may plead guilty or have a trial. Sentencing requires a written pre-sentence report by the Department of Corrections.
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Civil Family Division Actions
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The Michigan Legislature mandated that all Circuit Courts develop a plan for a Family Division. The law moved the Juvenile Division of the Probate Court to the Family Division of the Circuit Court, and required the assignment of the Probate Judge to function in that Division. The idea was to assure that a family involved in both Probate and Circuit litigation (such as a divorce and a neglect and abuse petition) had a single judge handling all matters.
Van Buren County has one elected Probate Judge, the Honorable Frank D. Willis, who handles all Probate matters and serves in the Family Division.
The Family Division handles all divorces, paternities, non-support actions, child custody and parenting time disputes, neglect and abuse petitions, adoptions, juvenile delinquencies matters and person protection orders.
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General Civil Actions
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The Circuit Court has exclusive jurisdiction over cases asking for money damages over $25,000. District Court handles those cases involving disputes of $25,000 or less. Also included are equitable claims, such as specific performance of sales of land, injunctive relief, and certain statutory exclusive jurisdictions such as mortgage foreclosures and construction lien foreclosures. Quiet Title actions affecting real property are heard in Circuit Court.
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Appeals
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The Circuit Court is not only a trial court, but an appeals court. All District Court appeals are taken to Circuit Court, as well as some Probate Court appeals. Appeals come from administrative agencies such as worker compensation decisions, Secretary of State actions, Parole Board decisions and other state agencies. Decisions by municipalities are also taken to Circuit Court. Zoning Board of Appeals, determinations of necessity on drains, and gun board decisions come to Circuit Court.
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Page Last Updated: 7/24/2003
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