JACKSON COUNTY CIRCUIT COURT
Jackson County probate court
12th district court

312 S. Jackson Street
Jackson, Michigan 49201

 Administrative Order 2000-4J (12th District Court
Administrative Order 2000-6J (4th Circuit Court)
Administrative Order 2000-2J (Jackson Probate Court)

 CROSS-ASSIGNMENT OF JUDGES FOR THE. PURPOSE OF HANDLING DISQUALIFICATION CASES

Authority for this Order: MCR 2.003, 8.110, 8.111
Effective Date of this Order: October 1, 2000
Previous Local Administrative Order Related to this Order: None
Rationale and Purpose for this Order:

     To provide for the cross-assignment of all judges in Jackson County for the purpose of handling any cases in which the entire bench of a court has disqualified from the handling of this case.

 This order will take effect when one of the following occurs:

 1.         All four Circuit Judges disqualify themselves from handling a non-family Circuit Court case.

 2.         All five Circuit and Family Court Judges disqualify themselves from handling a Family Court case.

 3.         All four District Judges disqualify themselves from handling a District Court case.

 4.         Probate Judge Susan E. Vandercook and her designated regular cross-assigned backup judge (presently) Chad C. Schmucker both disqualify themselves from handling a Probate Court case.

     When any of the above occur, another Jackson County Judge will be selected by lot to hear the case. If that Judge disqualifies, the process will continue until a judge is not disqualified or until all nine Jackson County Judges are disqualified from handling the case.

     The purpose of this case is to assign cases to Jackson County Judges if possible to avoid the delays and logistic problems of referral to SCAO for assignment of an out-of-county judge who must travel to and from Jackson County for all necessary hearings.

 

Circuit Court Non-Family Court Cases

    When all four Circuit Judges have disqualified from handling a case,the County Clerk's office will randomly select one of the five remaining judges. If that judge disqualifies, the process shall continue until all judges disqualify. If all judges have been disqualified, the case shall be referred to the Circuit Court Visiting Judge Clerk for referral to SCAO for assignment.

    When all five Circuit and Family Court Judges have disqualified from handling a case, the County Clerk's office will randomly select one of the four remaining judges. If that judge disqualifies, the process shall continue until all judges disqualify. If all judges have been disqualified, the case shall be referred to the Circuit Court Visiting Judge Clerk for referral to SCAO for assignment.

 Probate Court Cases

    When both Judge Vandercook and Judge Schmucker have disqualified from handling a probate case, the Probate Registrar shall randomly select one of the remaining seven judges. If that judge disqualifies, the process shall continue until all judges disqualify. If all judges have been disqualified, the case shall be referred to the Probate Registrar for referral to SCAO for assignment.

District Court Cases

    When all four District Court Judges have disqualified from handling a case, the County Clerk's office will randomly select one of the five remaining judges. If that judge disqualifies, the process shall continue until all judges disqualify. If all judges have been disqualified, the case shall be referred to the District Court Visiting Judge Clerk for referral to SCAO for assignment.

Additional Provisions

    When a judge has been randomly selected to handle a case from a different court, the judge has the option of not accepting the assignment if the judge believes, in the judge's own discretion, that the judge lacks sufficient background and training for handling the case and believes the judge would be unable to readily obtain the background and training to handle the case.

 Dated: September 19, 2000


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