The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5615

December 26, 1979

DISTRICT COURTS:

Service of bench warrant by an officer appointed by the district court

WORDS AND PHRASES:

'Bench warrant'

A bench warrant may be executed by an officer appointed by the district court for such purpose.

Honorable Jeffrey D. Padden

State Representative

The Capitol

Lansing, Michigan 48909

You have asked for my opinion regarding whether a district court officer who is not a constable may make an arrest pursuant to a bench warrant.

A bench warrant is process issued by the court for the attachment or arrest of a person either in case of contempt or where an indictment has been found against him. Oxford v Berry, 204 Mich 197, 211; 170 NW 83 (1918). It is also defined as process utilized to bring in a witness who does not obey a subpoena. Black's Law Dictionary, 4th Ed, p 198.

A district court officer is a person appointed by the judges of a district court to serve civil process in the district court district. RJA 8321, 1961 PA 236, MCLA 600.8321; MSA 27A.8321, provides in part as follows:

'(1) Civil process in the district court shall be served by . . . a court officer appointed by the judges of the court for such purpose, . . ..

'(2) Under the rules of the supreme court, any other person may serve any process or order of the district court which does not require the seizure, attachment or garnishment of property or the arrest of a person. . . .'

In addition, the Supreme Court has adopted DCR 103, which governs the service of process in the district courts. In particular, DCR 103.3 provides:

'. . . no person other than a sheriff, deputy sheriff, court officer appointed by a district judge for such purpose, . . . shall serve any process or order of the district court which requires the seizure, attachment, or garnishment of property or the arrest of a person.'

In OAG, 1979-1980, No 5584, p ___ (October 17, 1979), it was held that district court officers are authorized by court rule, DCR 103, and RJA 8321 to serve process or orders of the district court which require the arrest of a person. Therefore, it is my opinion that a bench warrant may be executed by an officer appointed by the district court for such purpose.

Frank J. Kelley

Attorney General