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 <strong>FEBRUARY</strong> <strong>2004</strong>
<strong>FEBRUARY</strong> <strong>2004</strong> CHALDEAN NEWS 15