FEBRUARY 2004

from the BENCH
Understanding the Court System
HONORABLE
DIANE DICKOW
D’AGOSTINI
COLUMNIST
When I was approached to
write a column for the
Chaldean News, I welcomed
the opportunity to have a forum
in which to explain the judicial process
and the various functions of the court.
As a District Judge, I often encounter
people in court who appear to experience
anxiety, fear or confusion about
the judicial system. Thus, I hope to
explain the various aspects of the court
in this column.
The 48th District Court is located at 4280
Telegraph Road in Bloomfield Township at
Telegraph and Long Lake Road. There are three
elected judges who serve six-year terms. My
colleagues include Judge Edward Avadenka
and Judge Kimberly Small. The court’s jurisdiction
covers Bloomfield Township, West
Bloomfield Township, the Cities of Birmingham,
Bloomfield Hills, Keego Harbor,
Orchard Lake, and Sylvan Lake.
Thus, if a crime occurs in any
of these seven locations,
the matter will originate
in the 48th District
Court. In criminal matters,
the court handles
the arraignment, pretrial,
trial and sentencing
for misdemeanor
cases. Misdemeanors
are crimes punishable by
up to one year in jail.
In felony cases, punishable
by more than one year in jail, the
District Court covers the arraignment and
the preliminary examination. A preliminary examination
is a probable cause hearing where testimony
is taken. If the Judge finds that there is
probable cause to believe that the offense has
been committed, the matter will be bound over to
the Circuit Court in Pontiac for resolution.
The 48th District Court covers civil matters
up to $25,000.00. If you sue someone for more
than $25,000.00, the matter must be filed in the
Circuit Court. The District Court also has a
small claims division for cases valued up to
$3,000.00; you are not permitted to be represented
by an attorney in the small
claims division. Small Claims Court
can be an effective and less costly
venue to resolve disputes. One of four
Magistrates at the court hears the
matters. The Magistrates are Peter
Mansour, Julie Nelson-Klein, Howard
Linden and Kathleen Trott. You may
also have a small claims case
removed to the general civil docket in
District Court, if you wish to have an
attorney represent you.
The court also handles all traffic matters,
also known as civil infractions. You may schedule
these matters for an informal or a formal
hearing. At an informal hearing, you may not be
represented by an attorney. Your case will first
be scheduled for an informal pretrial conference.
You will have the opportunity to meet with
the city or township attorney for possible resolution
or have it set for a hearing
where testimony will be heard
before the Judge. At a formal
hearing, you will also
have a pretrial conference
with the city or
township attorney.
You may have an
attorney represent
you at the formal
hearing and have the
matter set for a hearing
before the Judge.
Landlord-Tenant matters
are also heard in District
Court for residential and commercial
tenancies. You may file for a
jury trial or a hearing before the Judge. These
matters are scheduled promptly to preserve
the rights of the parties.
While this was only a brief overview of the
court, I hope that this information provided you
with a description of the court’s function. In the
future, subjects such as alcohol-related crimes,
drug offenses, domestic violence and jury service
will be discussed in this column. Happy
New Year.
Diane is a judge with the 48th District Court and
is a regular columnist for The Chaldean News.
48 TH
DISTRICT COURT
AN OVERVIEW
• 48th District Court’s jurisdiction covers
Bloomfield Township, West Bloomfield
Township, the Cities of Birmingham,
Bloomfield Hills, Keego Harbor, Orchard
Lake, and Sylvan Lake.
• In criminal matters, District Court handles
the arraignment, pretrial, trial and
sentencing for misdemeanor cases.
Misdemeanors are crimes punishable by
up to one year in jail
• District Court handles the arraignment,
pretrial, trial and sentencing for misdemeanor
cases. Misdemeanors are crimes
punishable by up to one year in jail.
• In felony cases, punishable by more
than one year in jail, the District Court
covers the arraignment and the preliminary
examination
• The 48th District Court covers civil
matters up to $25,000.00. If you sue
someone for more than $25,000.00, the
matter must be filed in the Circuit Court.
• District Court also has a small claims
division for cases valued up to $3,000.00
• District Court also handles all traffic
matters, also known as civil infractions.
You may schedule these matters for an
informal or a formal hearing.
• Landlord-Tenant matters are also
heard in District Court for residential and
commercial tenancies. You may file for a
jury trial or a hearing before the Judge.
These matters are scheduled promptly
to preserve the rights of the parties.
14 CHALDEAN NEWS FEBRUARY 2004