41ST CIRCUIT COURT

Established:
Not Available
Department Employees:
Richard J. Celello, Chief Judge
Mary B. Barglind, Circuit Judge
Mary Kay Short, Court Recorder
Maureen Charlevoix, Court Reporter
Mary Bruen, Judicia Secretary
Mary Rigoni, Judicia Secretary
History:
Not Available
Functions:
What is a General Civil Case?
The following is a brief description of a general civil case.

Because of the complexity of general civil cases or the amount of money involved, it may be advisable to contact an attorney.

Generally, a civil case is filed because of a disagreement between two people, businesses or organizations. The disagreement usually involves one person believing that he or she has been hurt or had rights violated or property damaged by another person. A civil case is not a criminal case.

If you are the one starting the case, you are called the plaintiff, and the person or business you are suing is called the defendant. In most civil cases, the plaintiff is asking for an amount of money to be paid by the defendant. However, in some civil cases, the plaintiff may be asking the court to tell the defendant to stop some behavior or to do a specific thing. The plaintiff is responsible for paying the filing fees as well as the cost of serving the defendent.

A complaint must be filed, fees must be paid, a summons must be issued, the parties must be served notice of the complaint, hearings must be scheduled and noticed, answers must be given, and hearings must be attended. The end result of the case will be entry of a judgement.


PROBATE COURT - FAMILY DIVISION OF THE CIRCUIT COURT

Established:
Not Available
Department Employees:
Judge Thomas D. Slagle - tomslagle@hotmail.com
Wayne Formolo - Juvenile Officer - wayne@dickinsoncountymi.gov
Amy Laitila - Juvenile Officer/Case Worker - amy@dickinsoncountymi.gov
James Sleik - Intensive Probation Officer - jim@dickinsoncountymi.gov
Karen Hewett - Court Recorder - prokaren@dickinsoncountymi.gov
Barb Gerhard - Probate Register - barb@dickinsoncountymi.gov
History:
Until 1998 the Probate Court handled decendents estates proceedings, guardianships, conservatorships, involuntary commitments, adoptions, name changes, emancipations, child abuse and neglect cases, and delinquency matters.
Functions:
In 1998 the Dickinson County Probate Court began to accept assignments as part of the Family Division of the Circuit Court. New divorce cases involving minor children and personal protection order matters involving parties with children in common are assigned to the Probate Judge.


FRIEND OF THE COURT

Established:
Michigan law created the Friend of the Court system in 1919. At least one friend of the court office serves each circuit court's family division. The Friend of the Court was established to "protect dependant minor children and to compel enforcement of chancery decrees where there are minor children in divorce cases, who are liable to become public charges and are not properly cared for by their custodians, and to enforce the payment of amounts decreed them in a court of chancery, and to enforce all interlocutory and decretal orders."
Department Employees:
Heidi M. Van Slooten, Friend of the Court
Kim Ketcham, Child Support Investigator
Celeste Calo, Child Support Investigator/ Paternity Establishment Investigator
Brenda Buchner, Child Support Investigator
Kristen Sorensen, Medical Clerk
History:
The office of the Friend of the Court was created in 1919 as part of the family division of the circuit court. The Friend of the Court serves as the "eyes and ears" of the circuit court family division judges. The office provides assistance to the court in matters that the court cannot exercise personal supervision over, and to furnish the court with recommendations related to domestic relations matters such as custody, parenting time and support. The person who makes the ultimate decision in any domestic relations action is the circuit court judge or family division judge to whom the case is assigned. Just as the role and function of the court has changed over the years, the office...to be continued...
Functions:
Not Available


95-B DISTRICT COURT

Established:
1969
Department Employees:
District Court Judge: Michael J. Kusz - distctmkusz@dickinsoncountymi.gov
Court Recorder: Trish Miller - distcttrish@dickinsoncountymi.gov
District Court Administrator: Connie Chicha - distctconnie@dickinsoncountymi.gov
District Court Magistrate: Joan Nelson - distctjoan@dickinsoncountymi.gov
Deputy Magistrate: Janet Guminski - distctjanet@dickinsoncountymi.gov
District Court Clerk: Donna Cousineau - distctdonna@dickinsoncountymi.gov
Chief Probation Officer: Travis Barlock - distcttravis@dickinsoncountymi.gov
Probation Officer: Amber Sparks - amber@dickinsoncountymi.gov
Secretary: Wendy Stebbins - distctwendy@dickinsoncountymi.gov
History:
Created by the legislature in 1968, the Court opened Jan. 1, 1969 with V. Robert Payant as the first District Judge.

District Judges and their terms are:
Hon. V. Robert Payant; 1969-1978
Hon. Richard Celello; 1978-1982
Hon. William Brouillette; 1983-1990
Hon. C. Joseph Schroedler; 1990
Hon. Michael J. Kusz; 1991-Present
Functions:
The district court is often called the people's court. More people have contact with the district court than any other court. The district court handles most traffic violations. The district court also hears both criminal and civil cases including small claims and landlord-tenant disputes. Civil disputes seeking money damages cannot exceed $25,000 in district court.

All criminal cases for persons 17 years or older, begin in the district court. The district court explains to the defendant the charges, his or her rights, and the possible consequences if convicted of the charge. The court also determines the bail amount and collects bail. If the defendant is charged with a misdemeanor that is punishable by not rnore than one year in jail, the district court will conduct a trial and sentence the defendant if found guilty. In felony cases (generally, cases that are punishable by more than one year in prison) the district court will set the bail amount and hold a preliminary examination to detertermine if a crime was committed and if there is probable cause to believe the defendant committed the crime. If so, the case is transferred to the circuit court for trial.

What is Traffic Court?
The majority of all traffic violations are handled in the district court. The magistrate can accept pleas on civil infractions, non-traffic misdemeanors, some traffic misdemeanors, some DNR, and parking tickets. Hearings are held by the magistrate or judge for any disputed tickets. All traffic violations can be paid in the District Court Office.

Please contact: County Magistrate, Joan Nelson - (906) 774-0506.

What is Small Claims Court?
When you are suing someone for $3,000 or less, your case can be heard in the small claims division of the district court. Your case may be heard by a judge or by an attomey magistrate.

In small claims cases, the parties represent themselves. You cannot have an attorney present your case. ln addition, the Judge's decision is final and cannot be appealed. If either party objects to these conditions, the case will be transferred to the district court for a hearing. However, if the case is heard by an attorney magistrate, the decsion may be appealed to the district judge for a new hearing.

The defendant can request that a small claims case be removed to the regular civil division. If that occurs, all parties may have attomeys. Processing of the case then follows the pattern of a regular civil case and the decision may be appealed to the circuit court.

The circuit court will handle the case if the amount of the claim is more than $25,000. The case can be filed in the circuit court where the incident occurred or in the circuit court in the county where the defendant lives.

How do I evict a tenant?
A tenant can be evicted from the property for a variety of reasons. Some common reasons are failure to pay rent, destruction of property and refusal to follow rules and regulations.

Before a landlord can file a lawsuit to evict a tenant, the tenant must be served with a "Notice to Quit." After the specified time on the "Notice to Quit" has passed, a complaint may be filed in the district court and a hearing scheduled. At the hearing, the court will decide whether the landlord should be given possession of the property and awarded a money judgment. If the tenant fails to appear at the court hearing and answer the complaint, a default judgment for possession of the property and money judgement may be entered. Ten days after a judgment for possession has been entered, a landlord may obtain a document called an "Order of Eviction". This authorizes the landord to evict the tenant and remove the tenant's belongings from the rental property.