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Bill would let magistrates handle ‘‘advice of rights’’ hearing in landlord-tenant cases, drawing mixed response
Summary
A bill introduced to allow district court magistrates to conduct the initial “advice of rights” hearing in landlord-tenant matters drew support from judges and realtors and opposition from legal-aid groups and at least one commentator who warned of constitutional and due-process concerns.
House Bill 40 21 would authorize district court magistrates to conduct the initial “advice of rights” hearing in landlord-tenant disputes, sponsor Rep. Matt Aragona told the Michigan House Judiciary Committee on Jan. 30. "So what this bill is looking to do is is codify those changes," Aragona said, referring to temporary COVID-era practice that allowed magistrates to handle the first, informational hearing.
The bill’s sponsor and several district court judges said the change would clear dockets and let judges focus on trials. Rep. Aragona said magistrates are legal professionals who can handle the procedural, informational aspects of the first hearing and that courts in his area support the change because it “clears up a lot of their docket.”
Why it matters: the “advice of rights” hearing is typically the first…
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