Frequently Asked Questions

Fred Johnson has served as the Director of the Muskegon County Public Defenders since appointment by the Muskegon County Board of Commissioners in September of 2013. Mr. Johnson is the first Director of the Muskegon County Public Defenders.

While Muskegon County Public Defenders are highly trained, experienced and skilled trial lawyers who operate as teams that specialize in criminal law and local court processes, their services are provided only or primarily for those who do not have sufficient financial means to hire their own private counsel. Thus, anyone who can afford to hire a private attorney should do so. The Office of Public Defender is also an integral part of county government and has a smooth working relationship with all of the major components of the local criminal justice system. The competent and dedicated trial lawyers who comprise the staff of the Office can be relied upon to provide top notch defense as a calling and to fight zealously for what is in the best interests of their clients.

The Public Defender Office can be appointed at any time during Court proceedings, up to and including trial and sentencing. Our office is often appointed if the Defendant has a change in financial circumstances. We are also appointed as stand-by legal counselor for Defendants who choose to represent themselves.

If not incarcerated, a person charged with a crime is usually asked to appear on a specific court date or within a certain number of days after receiving a ticket from a police officer. At that time, the Judge will ask if he or she needs an appointed attorney. Typically, he or she will fill out a form which asks questions about income and expenses. Then the Judge decides whether or not the Public Defender will be appointed to represent the person. 

If a person is incarcerated, the person will be brought before a Magistrate or Judge and asked about his or her income and expenses. After reviewing the information, the Magistrate/Judge will make a decision as to whether or not a Public Defender will be appointed. If the Public Defender is appointed, the attorney assigned to the case will go to the Muskegon County Jail to meet with and interview an incarcerated client.

On Felony cases, the Defendant may appear before a Magistrate for arraignment if they receive notice of the charges. Usually though, the person is arrested on the warrant by the police and taken to an arraignment. In either situation, the Defendant will be asked whether or not a court appointed attorney is needed. A financial information form will be given to the Defendant to complete if he or she desires a Public Defender. 

If the Public Defender is appointed, in-custody clients can expect that a member of the Public Defender office before his/her court date to discuss the case. 

Defendants who are not in custody are given information on how to contact the Office to find out which Public Defender has been assigned to him or her and encouraged to make an appointment to meet with the attorney.

Call our office at (231) 724-6585 and follow the prompts to reach a secretary who can tell you who your attorney is.  At that time, you can set up an appointment to speak to him or her.  Since your lawyer is most likely in court all day, it is very unlikely that he or she will be there to take your call or meet with you without an appointment.

Please keep in mind that we may not know yet who your attorney is.  Attorneys are assigned after arraignment.  Once our office is appointed by the Court to represent you, we are not notified by the Court for a few days and even then, may not get your discovery materials for days after, so it may be a few days after you are arraigned before we can speak to you intelligently about your case.

Fred Johnson is probably not your lawyer.  As the County Public Defender, Fred Johnson is the attorney officially assigned to represent all clients of the Office. He is assisted by a highly skilled staff of experienced trial lawyers who are also dedicated to public defense as a career. These staff personnel are assigned by Mr. Johnson to work on your case as a team whereby all of the resources of the Office can be readily available to provide you with top notch legal representation at all times. Mr. Johnson will also select and monitor one of his regular staff lawyers to lead the team that will work on your case and that experienced trial lawyer will become the primary attorney responsible for your case. Mr. Johnson is the current Director of the Muskegon County Public Defenders so his name goes on everyone's appointment orders.  Another attorney will actually be assigned to represent you in court.

Call (231) 724-6258 if the case is a misdemeanor or (231) 724-6251 if the case involves a felony.  These are the telephone numbers to the district and circuit court clerks, respectively, who can give you information regarding upcoming court dates.

Let us know as soon as possible.  The more advance warning you can give us, the better chance we can get the matter adjourned.  It is very difficult to get adjournments a day or two before a hearing (especially when the hearing is a trial) and it gets more and more unlikely with each additional adjournment you request after the first one you receive.  In the end, you are required to attend your hearings, and if you fail to do so, you may be subject to fines jail time.

Call us immediately!  

Our ability to keep you out of jail after missing a court date diminishes the longer you wait.  If you think you have a good excuse, make sure you bring any documentation you have with you so the judge does not have to take your word for it.  

While turning yourself in after missing a court date can be frightening, it is worse if they have to go out and get you.  If you miss a court date and then get picked up (arrested) you should expect to sit in jail before seeing your judge and a high bond afterward.

While the taxpayers of this county have generously paid to provide you with an attorney, they have not paid for you to have a choice.  That is the bad news.  The good news is the Muskegon County Public Defenders are not like other public defenders you may have had an association with.  We care; however, sometimes we will have to tell you bad news or disagree with you.  You may, at any time, hire your own lawyer if you are unhappy with the one you have.  If you cannot afford to hire, you will receive a hard working advocate, but you cannot chose who that person is.

You may contact the director, Fred Johnson, Jr., at (231) 724-6585 extension 3.  If you have a complaint, Mr. Johnson will assign a senior attorney to investigate or he will investigate himself. This does not mean he will agree with you.  The law is like calculus: It is complicated and non lawyers do not know all the rules.  It is your lawyer's job his or her job to tell you the best he or she knows, even if these are suggestions you do not agree with.

Tell us immediately!  

Any time we may loose witnesses or evidence, do not try to fix it yourself.  Call your lawyer and alert him or her to the problem.

You have the right to remain silent.  Do it!  Most of the people in prison talked themselves into those cells.  No talking means no Facebook conversations.  No tweets.  No letters or phone calls from jail speaking of your case.  No coded messages.  No jailhouse lawyers or bunky discussions about your case, even if you trust him!  No talking!

Gather your evidence.  Get the names and contact information of your witnesses.  Copy texts, email and Facebook postings that support your case. Read your police reports and be prepared to discuss your case with your attorney.

People who make appointments to see their attorneys get better results than people who wait until the day of trial and meet their lawyers at court.

A Public Defender does not have an attorney "on call" for legal questions.  It is a staffing issue: Most of our lawyers are busy with their clients most of the time.  Still, if you can be patient with us, leave us a message and we will return your telephone call and attempt to assist you.  

Please remember that our lawyers are specialists.  They have been chosen to be public defenders because they are very good at what they do.  What they do is criminal law, the law of neglect and abuse, juvenile delinquency law and involuntary (probate) incarcerations.  That means if you have a question about land/tenant matters or custody issues or civil lawsuits, we are probably not the folks for you.  You might try:

        Legal Aid of West Michigan

         450 Morris Ave., Ste.104

         Muskegon, MI  49440

         (231) 726-4887

You can also call private (for hire) attorneys.  Many of them offer free consultations.

You can make payments in the following ways:

• At the payment window located on the 3rd floor of the Hall of Justice (cash, certified check or money order) 8:30-4:30 (payment window hours). When the payment window is closed, payments can be made on the 3rd floor using the secure drop box located next to the payment window.
• By mail (certified check or money order):
  Muskegon County Circuit Court Collections
  990 Terrace Street
  3rd Floor
  Muskegon, MI  49442 
• By credit card by calling 888-604-7888 or online, pay location Number 5127.

Assessment of costs is in addition to incarceration. Jail and prison time is not done in place of paying costs.

Circuit Court files are available to be reviewed on the 6th floor in Circuit Court records.

Assessments made by the court are due until paid in full. They do not go away.

Bankruptcy does not erase court debts.

The only way an Order to Remit Prisoner Funds will be cancelled is to have the case paid in full.

Questions regarding the withholding of funds by the prison(s) must be directed to the prison's financial unit at 517-780-6123 or 517-780-6533.

Restitution is disbursed monthly after the 15th of the month. It is disbursed via check or you can set up direct deposit by calling the restitution clerk at 231-724-6503. Any questions can be directed to our restitution clerk at 231-724-6503.

A limited guardianship is a voluntary arrangement by a court order when the parents want someone else to assume parental duties. A parent must consent to a limited guardianship.

The parent agrees to the custody of the child by the guardian and abides by plan drawn up that includes visitation and support. This is a mutually agreeable document that is reviewed annually in a written report the limited guardian files with the court. The guardianship does not exempt the parent from liability. In other words, if the child does something that the parent could be held legally responsible for in terms of money, the guardianship does not allow the parent to avoid that responsibility.

The placement plan explains to the court why the parent wants someone else to provide care for the minor. It also provides for parenting time and financial support for the minor. It further states the length of the guardianship and any other provisions needed for the minor’s care and custody.

A placement plan can only be changed through a court hearing. The parent(s) must be made be aware that parental rights could be terminated for failure to comply with the plan.

The authority of a guardian is more likely to be accepted as a legal caretaker. For instance, a guardian can apply for benefits due to the minor, such as SSI, insurance, etc.

A limited guardian may not consent to adoption, release a minor for adoption, or consent to the marriage of a minor.

Full guardianship provides the minor with stability and more certainty when the parents cannot or are unable to provide that environment.

A guardian has the powers and responsibilities of a parent. The guardian must provide for the minor’s education, social activities, and authorize medical or other professional care and/or treatment for the minor

The guardian must submit an annual report to the court on condition of the minor. It includes but not limited to medical care, mental health treatment, educational status of the child. It should clearly state the reasons to continue the guardianship.

The guardian is not responsible for 3rd party liability (such as a suit for damages incurred by the minor, result of an automobile accident where the minor was at fault, etc.). A parent can be ordered to supply monetary support for the child. 

• There is a $160 filing fee for the guardianship which must be paid the day papers are filed
• Home study
  • Required for a Limited Guardianship if the child is less than 6 years of age or if DHS is involved with the family.
  • Full Guardianship - a home study will be held regardless of the age of the child.
  • The home study fee is $60 and payable to Probate Court.
• An Annual Review is required. A form will be mailed to you on a yearly basis.
• If the minor is under 6 years of age, the review will be held in Court.
• The Guardian must notify the Court of a change in address.
• If the parent(s) of the minor child is under the age of 18 years, a Guardian Ad Litem will be appointed.

In a limited guardianship the parent and guardian have a mutual agreement regarding visitation, child support; and the parent must sign the petition allowing the guardianship.

Full guardianship does not require the consent of a parent. It most frequently provides the minor with a more stable environment and longer-term relationship.

A full guardianship allows the guardian to give consent to a minor to marry, and with the court’s permission, can consent to the adoption of a minor.

The guardianship may be terminated by the filing of a petition with the court, or the minor becomes 18 years old.

The judge may terminate the guardianship at a review hearing.

If you have questions that are not answered, you should seek the advice of an attorney.

Yes, either the court will appoint an attorney to represent the child or you may obtain an attorney of your choosing.

All delinquency case on the formal docket are automatically assigned an attorney. If you are in need of an attorney who speaks Spanish, please tell us when you make the contact.

Please refer to the fee schedule page.

You may qualify for a reduced rate once the court has been able to verify your income. An attorney will still be appointed to represent your child.

No, you can make arrangements with the court staff to establish a payment plan. The reimbursement specialist will work with you to create such a plan. It is important that once the plan is established, you make regular payments as agreed.

You may ask for a review hearing before a Referee who will review all of the information presented and make a determination. If you do not agree with that determination, you may ask for a haring before the Judge assigned to the case.

There are many services you can be billed for which are related to your child. These can include out-of-home placements costs; counseling services; clothing allowances; and medication, among other things. Basically costs associated with the court’s decisions regarding your child’s care and maintenance are billable.

This occurs when the court determines that the child must be removed from his or her present home. The child may be required to stay in Muskegon’s juvenile detention facility, may be placed in a foster home, or may be sent to a residential placement facility such as boys' town.

A clothing allowance is given when a child is placed and is in need of clothing. You will be billed the actual cost of the clothing purchased.

Any medication or medical costs incurred by the court during your child’s placement.

Yes, both parents are responsible.

Yes, regardless of the divorce both parents remain legally responsible for the costs incurred. This is true regardless of who has physical custody of the child. Each parent will be billed for 50% of the cost.

Yes you will still be billed for no more than 50% of the costs. However if your child is placed out of the home long term, you child support payments can be redirected to the court to cover the costs of your child’s placement. In that case you should contact the court at 231-724-6494.

No, the maximum you will be billed is 50%.

Notify the court, in writing, as soon as possible; you should also specify which language you will need help with. The court will arrange to have an interpreter present for hearings at no cost to you.

Contact the court at 231-724-6494 to ask your questions.

If you are not receiving public assistance and would like to start a case, you must submit an application for services. You can submit an application online. You can contact the Michigan Office of Child Support at 866-540-0008 if you have questions regarding your application.

If you are receiving public assistance, a case will be automatically started for you. You will receive a letter in mail with further instructions.

When a case is referred for establishment services to the Muskegon County Family Court, you will be contacted by a staff member to discuss how we will proceed with your case. Each case is different, and may require different actions to move forward. Generally, establishment of a case will include attending meetings at the Family Court, signing court documents, and in rare cases, appearing in front of a judge. In order to reduce the amount of visits you will need to make at the Family Court, please bring all documents that Family Court staff ask you to bring.

This may include items like your child's birth certificate, a copy of any prior acknowledgment of paternity, documents related to any marriages or divorces that you have been a party to, a government issued I.D., income information, and information regarding any parenting time arrangements you may have with the other parent.

Once the case is filed, Family Court staff will attempt to contact the other parent by phone. Additionally, an appointment letter will be sent to the other parent. At the appointment, a final order may be signed if both you and the other parent agree on the terms of the order. If an agreement cannot be reached, a hearing may be scheduled before a judge.

If the parent who is receiving public benefits for the child(ren) does not help the Family Court in establishing a case, the Family Court will notify the public assistance benefits worker of the situation. This may result in a reduction or termination of public assistance benefits.

If the other parent to the case does not participate with the Family Court, an order can still be granted and the Friend of the Court will then start to enforce the order.

When paternity has not been determined, DNA testing can be requested by either parent, or by the court. All parties will be notified of the date and time of the appointment to gather DNA samples. The appointment will be at the Family Court, and DNA samples are taken by swabbing the inside of each person's cheek.

DNA results are usually sent back to the Family Court within two weeks. Copies of the results are mailed to each party. If the results show that the man is not the biological father, the case will be dismissed. If a party is ordered to appear for DNA testing and does not, the Court may enter an order compelling that party to appear, or an order establishing paternity by default.

There is a cost for DNA testing, but if completed through a child support case, the cost is significantly lower. Only DNA tests performed by Family Court staff or completed by an approved laboratory will be used to establish paternity. A "home" DNA test cannot be used in court to establish legal paternity.

Child support is determined using the Michigan Child Support formula, which is required by state law. Calculations are based on the net monthly income of both parties and consider factors such as other children in the home. A child support order may include medical support costs, child care costs and if the parties agree, custody and parenting time provisions. You can estimate what your child support order may be online.

Please note that this is an estimate, and your actual order may be different depending on the information provided to the Family Court. The Family Court is required to complete the calculation in order to ensure accuracy.

Michigan law states that if a mother is married at the time her child is conceived or born, her husband is the legal father of the child. If the husband is not the biological father of the child, the parties must file an action with the court to make a determination that the husband is not the legal father. Family Court staff cannot represent any party in this type of action, and will continue to seek support with the legal father as a party until a court determines otherwise.

View the Michigan Legal Help website for more information on the revocation of paternity.

If you and the other parent do not agree on the issues of custody or parenting time, the Family Court's Establishment Division will note represent you in resolving the dispute. You will need to seek a private attorney at that time.

The First Call Network telephone emergency notification system is another tool that the county can use to alert people of an emergency situation. First Call Network makes telephone calls to those affected by the emergency, alerting them to the emergency situation and providing them with appropriate response instructions. The calls are made very quickly (212 per minute). First Call is an emergency notification service, so they have the phone lines and computer equipment. The system is available 24 hours a day, throughout the whole year.

The First Call system can be used for a number of different situations. Here is a list of some of the potential uses:

• Chemical release at a facility
• Evacuations
• Fires or explosions
• Flash flood warnings for certain areas
• Notify a community of a lost child
• Shelter-in-place notifications
• Transportation related chemical release
• Warn an area of an escaped prisoner
• Water or gas main breaks

The messages can be recorded when the call is made to First Call or the message can be prerecorded and referred to when calling First Call for activation. The message will identify what the emergency is and provide you with the appropriate information to protect you. For example the message may request that you shelter-in-place if there is a chemical release. The message will refer you to the television or radio for further information.

The system can only be activated by authorized persons. Central Dispatch has the authority to activate the system. Central Dispatch would act on the commands given by the fire department or the police department.

The message is given twice to make sure the recipient gets the message clearly.

One of the biggest advantages of the First Call system over other systems is its ability to call outward from all directions from a single location. This will assure those most endangered from the incident are called first.

First Call's interactive system can ask for a response from the message recipient. After listening to the delivered message with this type of ending "Did you understand the message or Do you need assistance complying with this emergency notification," the message recipient can indicate their ability to respond by pressing the appropriate digital response. A detailed report will be faxed or emailed to Central Dispatch, which includes all interactive responses, addresses, and phone number of the citizenry requesting assistance.

Use this online form to make sure that your unlisted phone number is included in the First Call Network. This will assure that you will be notified by telephone in the event of an incident in your neighborhood. Submitting this form will ensure that you will be notified by telephone in the event of an incident in your neighborhood.

This information will be submitted to Muskegon County Emergency Management. They will make sure that your unlisted number is included in the database. Muskegon County Emergency Management and First Call will use your information only for this purpose and will maintain the security of your information.

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The County has contracted directly with First Call Network. The Muskegon Chemical Council has provided the funds to the county to purchase a five-year contract with First Call.

First Call purchases phone numbers and addresses from the phone company or other sources.  At this time unlisted numbers would not be in the database.  If you provide your unlisted number to Muskegon County Emergency Services, they will make sure that your number is in the First Call system.

For further information on the First Call telephone emergency notification system, please contact Muskegon County Emergency Management.

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If you cannot understand English and if you need assistance, a friend or a family member who can speak English can help to complete the online form, but you may have to appear in person in court in order to request a disqualification.

Remember that you have the ability to postpone jury service to a more convenient time. Since each court may have different instructions, read your summons carefully or contact your local jury office to find out the right way to request a postponement. 

Michigan law (MCL 600.1348) makes it unlawful for any employer to fire or harass an employee who is summoned to court to serve as a juror. If you are harassed or fired, contact your local jury office or the judge assigned to your trial. The law also protects students and teachers.

Currently, jurors are paid $12.50 for a half day and $25 for a full day on the first day of service; and for each subsequent day of service, $20 for a half day and $40 for a full day, they serve either on a case or in the assembly room while available to be assigned to a case, plus 54.5 cents per mile, round trip, for mileage (MCL 600.1344). 

Checks for jury service are computed at the completion of your service week are mailed to you at your home address. Checks should be received within two weeks after you complete service. Contact your local jury office if you have not received compensation or have questions.

If you have a dependent child or adult under your care, you may ask for a postponement or excuse from jury service by fax the question to 231-332-4049 or email Juror Response.

All people selected for jury service are selected at random. Names are selected randomly from State of Michigan driver license and personal identification card holder lists as required by Michigan law.

If in the past 12 months you have been called twice or have already served, contact your local jury office. Please let the jury clerk know that you have already served on a jury, including what court, and that you would like to clarify your current status as a juror. It is important for you to call to make sure the problem is cleared up. The certificate proves that you have served in case a question arises. If you were called but did not serve, keep your summons as a record. If you no longer have your summons or certificate of service, please contact the jury clerk of the court you served in and they will be able to provide you with the information needed.

If you have been called again but it has been more than 12 months, your name has been randomly selected again. Please read the summons carefully and follow the directions.

If you need special accommodations (such as assistance with a wheelchair, hearing amplification, special seating), contact the local jury office and let them know what type of assistance you will need. If they cannot reasonably accommodate you, you may be excused from jury service.

The length of trials varies depending on how complex the issues are and how long jurors spend in deliberations. Most trials are completed within a few days or a week. The judge knows about how long the trial will take, and he or she will tell you the time frame when your group is called for jury selection.

Judges know how difficult long trials can be. Let the judge know whether it is a serious hardship for you to sit on a long trial. Be patient during this process because a lot of people have similar time concerns.

The judge and court staff work hard to reduce the time you spend waiting as a juror. However, waiting time cannot be completely eliminated. A trial is very important to the people involved and it is very important that things happen correctly. The law is also complex and many steps have to happen before, during, and after the trial. Try to be patient and come prepared with a book or other reading material to occupy your time while waiting. Court staff will try to explain delays when possible. Be assured everyone is working to avoid delays.

There are two types of trials that have juries: 

• Criminal trials 
• Civil trials

Divorce trials do not have juries.

It depends. Judges decide whether jurors can take notes or ask questions during a trial.

The judge will take your privacy into consideration when making decisions about the case. The judge must balance the requirement in the federal Constitution that guarantees people a public and speedy trial on the one side against jurors' real concerns about privacy on the other side. 

If you have concerns about privacy, please let the judge know. If a newspaper or television reporter, or a lawyer or a friend of one of the people involved in the case, approaches you during the trial, let the judge know immediately. Such contact is inappropriate during a trial. After the trial is over, the media and the parties in the case can contact you, but you do not have to talk to them. Call the judge in your case if you feel harassed.

Once the verdict is read in court by the clerk, the jury may be polled. Jurors are given a certificate for their service and can go home.

Some jurors find it helpful to give the judge and attorneys feedback about the trial. Some jurors also ask fellow jurors for their phone numbers in order to discuss aspects of the case with other people who shared the same experience. If you do not want to be contacted after the trial, let the judge know.

Jury service is a civic duty that every eligible adult has. This service to your community is the most direct, hands-on involvement in government most citizens will experience. 

If you honestly cannot serve, the law provides several undue hardship categories that can allow for an excuse for a summoned juror for up to one year. Email Juror Response or fax to 231-332-4049 the reason for your excuse. You may have to appear in court on the date on your summons in order to explain to the judge the reason for your excuse.

Yes. M.C.L. 600:1346 makes the following acts punishable as contempt of court:

• Failing to answer the questionnaire provided for in section 1313.
• Failing to appear before the board or a member thereof, without being excused at the time and place notified to appear.
• Refusing to take an oath or affirmation.
• Refusing to answer questions pertaining to his qualifications as a juror, when asked by a member of the board.
• Failing to attend court, without being excused, at the time specified in the notice, or from day to day, when summoned as a juror.
• Giving a false certificate, or making a false representation, or refusing to give information which he can give affecting the liability or qualification of a person other than himself to serve as a juror.
• Offering, promising, paying, or giving money or anything of value to, or taking money or anything of value from, a person, firm or corporation for the purpose of enabling himself or another person to evade service or to be wrongfully discharged, exempted or excused from service as a juror.
• Tampering unlawfully in any manner with a jury list, the board box, the jury box or the slips.
• Willfully doing or omitting to do an act with the design to subvert the purpose of this act.
• Willfully omitting to put on the jury list the name of a person qualified for jury duty.
• Willfully omitting to prepare or file a list or slip.
• Doing, or omitting to do, an act with the design to prevent the name of a person qualified and liable to serve as a juror from being placed in the board box or jury box, or from being drawn for service as a juror.
• Willfully placing the name of a person upon a list, or preparing a slip with the name of a person thereon or placing a slip in the jury box with the name of a person thereon, who is not qualified as a juror.

 A Personal Protection Order (PPO) is a court order, signed by a Judge, that restrains named individuals from contacting you. A PPO is obtained by filing a "petition" for protection with the court. A PPO can provide important relief and protection in certain circumstances. But remember, filing for a PPO is a serious matter.

In order to determine if a PPO is necessary you must determine if you are at great risk of harm. To help evaluate the risk look at the following factors:

• Destruction of Personal Property
• Physical Abuse
• Stalking and Harassment
• Threats of Physical Violence

If any of those are happening, it may be necessary to take the serious step of filing for a PPO.

To get a personal protection order, follow these steps:

• Compile the facts. To get a personal protection order, compile all supporting evidence, notes, pictures and police reports, if available, that you believe support the necessity of obtaining a PPO. 
  • Your next step is to go to Circuit Court Recods, located in Suite 110 of the Johnny O. Harris Building, 97 East Apple Avenue, Muskegon, Michigan. At that location, you can formally apply for a PPO.
  • In your application for a PPO you must allege specific incidents to support your claim that a PPO is necessary. Therefore, give dates and locations of any incidents where you felt threatened by the person for whom you are seeking a protection order against (This person is called the respondent). You must also explain specifically what actions you want to preclude or have stopped. This can include a no phone contact provision, a no personal contact provision, no writing of letters or even keeping the respondent a specific distance away from you. The Circuit Court Records Office will then send you to a Circuit Court Judge who will review the petition.
• Your petition will then be reviewed by a Judge. A Circuit Court Judge will look at your petition and may ask you some questions. If the Judge asks you questions, answer them clearly and truthfully. Once the Judge looks at the petition, the Judge will decide whether to issue the PPO. What the Judge decides to do with your petition once you file it is based on the amount of harm or risk of harm the Judge feels you are in at that particular time. The Judge has two basic options::
  • Option One: Immediate PPO authorization by the Judge. If the Judge feels that you are at a risk of immediate and irreparable harm, injury, loss, or damage the Judge will issue an order of protection immediately.
    • You must then provide the Respondent with a copy of the PPO
    • If the Judge, immediately orders the issuance of a PPO, you will be given copies of your protection order. Copies must also be given, or "served" upon the respondent. By law, you are responsible for insuring that the PPO is personally served on the respondent. Please note, however, that you cannot personally serve the PPO on the respondent or even put it in the mail. However, you may have anyone over 18 years of age serve the PPO on the respondent. Additionally, you may hire a process server, who will charge you a fee to serve the PPO.
    • You must then place the PPO On Record with Law Enforcement. Once the PPO is served, a copy must be taken to your local police department so the order can be entered into the Law Enforcement Information System (LEIN) so that all law enforcement agencies will be aware of the PPO. If you have hired a process server, he or she will take care of delivering a copy of the PPO to your local police department.
  • Option Two: Denial of a PPO after initial review by the Judge.
    • The Judge may decide that an immediate PPO authorization is not necessary.
    • Asking for a Hearing.
    • If the Judge decides not to issue an immediate order, you still can ask for a hearing. You will be required to be present at the hearing. The respondent will also be given notice requiring his/her presence at the hearing. At that hearing, you will give your reasons to the Judge why you need a PPO, personal protection order. The respondent will also be given an opportunity to present his/her reasons why he/she believes a PPO should not be issued. If the Judge decides at any time not to issue an order of protection, you have the right to reapply for a protection order at any time, but you will have to show how circumstances have changed, or how they have gotten worse, before you reapply.
    • Respondent receiving a copy of the PPO at the hearing
    • If a PPO is granted by a Judge at a hearing, a copy of the order will be served on the respondent by the court at the time of the hearing.
    • You must then place the PPO On Record with Law Enforcement. Once the hearing is completed and the PPO is served on the respondent, a copy must be taken by you to your local police department so the order can be entered into the Law Enforcement Information System (LEIN).
• C. Keep the PPO with you at all times. By keeping a copy of the PPO signed by the Judge with you at all times, you will provide the police with a greater opportunity to effectively enforce your PPO.

Contact the Police. The personal protection order is a court order which all parties must obey. If an act prohibited by the protection order is committed, then the violator / respondent may be found in contempt of court. First, however, you must report the violation. Call the police immediately - don’t wait a few hours or even a few minutes. Tell the police that you have a personal protection order and tell them what was done to violate that order. A listing of area law enforcement agencies is located in the ‘Law Enforcement Section" of the Muskegon County Prosecutor’s Website. Once the police arrive they will make a determination whether they can arrest the respondent.

• Respondent arrested by the Police. In most cases, the Police can only make an arrest if the Police Officer observes the violation being committed in his/her presence which is why it is important to contact the Police immediately if a violation is occurring.  If the police arrest the respondent, he / she will be brought before a Judge for an arraignment on the PPO. This means that the Judge will read the allegations and set a bond for the respondent. At this arraignment, a Personal Protection Order Violation Hearing will be scheduled and the respondent given notice of this hearing. The Prosecutor’s Office will then be informed and ultimately make a decision whether there is enough evidence to proceed with a PPO violation hearing. You will be informed of the hearing date for any PPO violation hearing. Your presence will be essential. At this hearing, an assistant prosecutor will present evidence to prove to the Court that a violation of the order has occurred. Your testimony will be very important in proving the violation. Make sure that you bring to the hearing any witnesses, letters, correspondence or any other evidence of the respondent’s violation of the PPO.
• Respondent not arrested by the Police. Again, if the Police do not witness the violation, they will be unable to arrest the Respondent and you will be responsible for filing a PPO violation.  If the police do not arrest the respondent, and you still wish to pursue a PPO violation, you must file a motion at Circuit Court records, the place where you first obtained the PPO. A hearing date will be set. By law, you are responsible for insuring that the Notice of Hearing is personally served on the respondent. Please note, however, that you cannot personally serve the Notice of Hearing on the respondent or even put it in the mail. However, you may have anyone over 18 years of age serve the Notice of Hearing on the respondent. You may also hire a process server, who will charge you a fee to serve the Notice of Hearing.

Personal Protection Order Violation Hearing At a hearing on a violation of a personal protection order, if the Court finds that a violation has occurred, the respondent can be sentenced to a maximum of 93 days in jail and / or be assessed a fine of not more than $500. If the Court finds that a violation has not occurred, the respondent will be released.

You have certain responsibilities for not causing the PPO to be violated. For example you cannot invite the respondent to come over to your house, you cannot go to the respondent’s house, you cannot go with or meet the respondent for dinner. You cannot socialize with the respondent on any occasion, including birthdays and holidays. Additionally, you cannot intentionally appear at a location where you know this person will be, with the intent of then claiming a violation of the PPO. 

If you disregard or try to get around any of the Court’s no-contact provisions you could even be found in contempt of court. A PPO can provide you with security during troubled times. But it should not be abused or ignored.

If you have any questions concerning personal protection orders, the Victim Services Unit of the Muskegon County Prosecutor’s Office can be of assistance and can aid you in obtaining and enforcing a personal protection order in appropriate situations. The Victim Services Unit can be reached at 231-724-6676.

Requests for informal or formal hearings must be received 6 to 14 days from the date the ticket was issued. Failure to make a timely request for a hearing will result in entry of a default judgment against the defendant.To request an informal or formal hearing notify the court by phone, in person, or in writing that you are denying responsibility for your citation and specify if you wish to have an informal or formal hearing. Please notify the court of any dates and time that you will not be available to appear for your hearing. (The court will try to accommodate reasonable requests). Also, inform the court of the address you wish to have your notice to appear sent; if it is different from the address on your citation. A phone number where you can be reached during business hours 8:30 a.m. through 4:30 p.m. is appreciated.

You may testify on your own behalf, have witnesses testify on your behalf, and ask questions of the witnesses against you. It is expected that any questions will be concise, courteous, and not argumentative. You should also present any documents or other physical evidence you might have that supports your case. In general, remember that your hearing is your "day in court," so come prepared. Have your defense and questions ready.

You may ask witnesses to come in voluntarily, or if necessary, you may use the subpoena power of the court to obtain their attendance. Subpoena forms may be obtained from the court clerk.

Yes, if you are the party subpoenaing the witness. Check with the court clerk to find out current witness fee amounts.

You may be found:

• Not responsible
• Responsible
• Responsible for a lesser infraction than the one charged

If the officer does not appear, the case will be dismissed "with prejudice," which means you are not responsible for the offense charged and cannot be charged again in connection with the same incident.

If you fail to appear, the court will enter a default judgment against you. This means the court will automatically find you responsible for the infraction charged, set the fine and costs, and mail you a judgment notice requiring you to pay. If you do not pay the judgment within 28 days, the court will send you a 14-day notice. If you do not pay within 14 days of receiving the notice, your driver’s license will be suspended by the Secretary of State and the court may issue a warrant for your arrest.

Also, if you request an Informal Hearing and fail to appear at the hearing you may be assessed an additional fee.

Points are assessed by the Secretary of State’s office when it receives notice from the court that you committed a moving traffic offense. The magistrate who finds you responsible cannot adjust the number of points assessed against you.

If you are found responsible by the magistrate after an informal hearing, you have the right to appeal for a formal hearing before the district judge. If the judge finds you responsible after a formal hearing, you have the right to appeal again to circuit court.

Within 7 days of the judgment, you must complete an appeal form and file it with the court, together with an appeal bond equal to the fine and costs imposed by the magistrate. You do not have to pay a filing fee for the appeal.

Ask any court employee. He or she will answer your question, or find you someone who can. However, court staff cannot provide you legal advice.

The 60th District Court Probation Department keeps a list of A.A. and N.A. meetings in Muskegon County along with A.A. sign in slips.  Or you can log into the Alcoholics Anonymous District 6 website for a list of meetings in Muskegon County.

You can get list of dates, routes, times or rates from the Muskegon Area Transportation System website.

No.

If you are ordered to pay fines, costs or restitution you may be directed to report to the 60th District Court Collections Department to set up a payment plan and you must abide by that payment plan.  If you are not ordered to report to the Collections Department you must abide by all the specific orders regarding your financial obligations.

You must report any and all Police contact to your Probation Officer immediately within 24 hours.

You are expected to be on time for your probation appointments.  Showing up late or not at all for your probation appointments may be considered a probation violation.  You are to check in with the Probation Clerks when reporting for your probation appointments.  

You are subject to drug screens or breath tests as the Probation Department directs.  You are responsible for any fees assessed for drug screens or breath tests if any.

You must keep the Probation Department informed of your current address, phone and employment.  Do not assume the Probation Department is updating the Collections Department records this is your responsibility.

You must get permission from your Probation Officer before you are able to leave the State of Michigan.

The Social Justice Commission is a non-profit charitable 501c corporation with the mission statement of: 

• Providing Social Leadership in Coordinating Community Action
• Fostering an environment of non-violence and opportunity for the entire community and in particular the youth
• Providing education both formal and informal as the foundation to increase hope. All members and participants are 100% volunteer

We believe by keeping kids in school we can drastically reduce violent crime in our community. In a recent study, researchers found that dropouts are more than 8 times as likely to be incarcerated as those that graduated. Raising graduation rates by 10 % has been shown to reduce the murder and assault rates by about 20%. And 68% of inmates nationwide do not have high school diplomas. In a California study, researchers found that by cutting the dropout rate by 50% would reduce juvenile crime and save the State over $550 million dollars per year.

The studies that link truancy and crime are a matter of common sense. A kid that drops out of schools has less job opportunities and is more likely to be in trouble with the law. Ask any teacher or a police officer and they will all tell you that kids that do not attend school are the ones who are most likely to be committing the serious crimes in our community.

As representatives of your local government and your community we are asking that those of you who believe in the power of prayer, to be diligent and faithful in praying for these efforts and for peace in Muskegon County. Please also consider giving of your finances to sponsor kids who cannot afford the costs of these programs. Please also express your appreciation to the Muskegon Community Foundation and other organizations that financially support these programs. Please also get involved by offering your time and your talents by volunteering to help the kids of our community turn negative behaviors into positive opportunities. All you need to do is contact any social justice member and ask, “How can I help?” We will find a task for you that will positively impact the lives of our kids.

Yes, both the County of Muskegon and our financial institution are required to keep your banking information confidential.

Yes, you simply no longer need to write a check to make your payment.  The payment will be automatically deducted on the due date as indicated on your bill.

Contact us at 231-724-4721 as you normally would with a billing question.  You will need to contact us within 10 days of the billing date to allow time to resolve concerns before the payment due date.

Not necessarily. You will need to allow 30 days for your enrollment to be processed. Continue to pay as you normally would until your bill shows that you have been signed up for automatic payment.

You will need to submit a new enrollment form (PDF). Contact us at 231-724-4721 and we will send one to you. 

Payments may be returned by a financial institution for insufficient funds, closed accounts or other reasons.  If your payment is returned for any reason you will be charged a processing fee.  The County reserves the right to discontinue your participation in the program if your payment is rejected.

Cancellations must be received in writing.  Simply print a copy of the termination form (PDF) or call us at 231-724-4721 and we will send you one.  Your request will become effective 30 days after we receive written notification.

Review the Muskegon County dog licensing locations page.

• At the payment window located on the 3rd floor of the Hall of Justice (cash, certified check or money order) 8:30-4:30 (payment window hours). When the payment window is closed, payments can be made on the 3rd floor using the secure drop box located next to the payment window.
• By mail (certified check or money order):
  Muskegon County Circuit Court Collections
  990 Terrace Street
  3rd Floor
  Muskegon, MI 49442
• By credit card by calling 888-604-7888 or online, pay location Number 5127.

A delinquent tax is an unpaid tax that has been forwarded to the County Treasurer for collection on March 1 of the year after it was due. For example: taxes that are billed by your city, township, or village treasurer in 2009 and yet unpaid on the last day of February 2010, will be turned over to the County Treasurer as delinquent on March 1, 2010.

The filing fees are the following:

• Small Estates / $23,000 or less: $25 filing fee, $12 certified copy plus an inventory fee.
• All Other Estates: $175 plus $12 for Letters of Authority.

An estate must be opened if a person dies with property in their name alone (not joint), or owns an insurance policy or retirement benefits and has not named anyone as a beneficiary or has made the money payable to the estate. A personal representative is appointed by the Court to handle the administration of the decedent’s estate

Estate under $21,000:

• Small Estate - Probate can be used if the estate is worth $21,000 or less. If a Muskegon County resident died leaving property in their name only, and the property is under $21,000, the closest relative or person who paid the funeral bill may bring the death certificate and paid funeral bill to the Probate Court. The cost is $36, plus an inventory fee. This can be done in one day.

Estate over $21,000:

• If a Muskegon County resident has died leaving property in their name only and the property is over $21,000, the closest relative or person named in the will may file a petition to have the estate probated. The filing fee is $150 plus $12 for certified copies. It may take a while to process the forms. There are two types of estates over $21,000:
  1. Supervised Administration requires the Court to review and approve the actions of the personal representative
  2. In Unsupervised Administration, the Court is only involved at the beginning and the end unless requested by an interested person or the personal representative

A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedent’s estate. When the petition is filed, unless waivers and consents from all interested persons are attached, a hearing will be held. The person who files the petition has the responsibility to properly notify the persons who have a right to know about the hearing. On the date of the hearing, the petitioner and anyone else who wants to take part goes before the Judge and explains the need for a personal representative.

A personal representative may be appointed informally by filing an application directed to the Probate Register. An applicant seeking appointment in an informal proceeding must give notice and a copy of the application to each person having a prior or equal right to appointment who has not waived the right. Such a waiver may be accomplished by filing a Waiver and Consent. A proof of service must also be filed with the Court.

The person appointed personal representative is required to file an Acceptance of Appointment and possibly a Bond to protect the estate’s assets. After filing the Acceptance of Appointment and Bond (if ordered), Letters of Authority will be issued to the personal representative. The Letters of Authority give the personal representative the right to perform the following duties, unless the Court restricts their authority.

• To determine if the decedent had a will. If they did, copies must be given to the beneficiaries. A hearing must be conducted so the Judge can determine whether the will is valid.
• Gather the estate’s assets and determine what they are worth. This includes checking the decedent’s safety deposit box; determining what, if any, insurance, social security, pension, veterans or other benefits are payable to the estate or its beneficiaries; and obtaining appraisals, if necessary. Within 91 days of being appointed, the personal representative in supervised administration is required to file an Inventory with the Court listing all the decedent’s assets. For unsupervised administration, the personal representative must provide all interested persons with an Inventory within 91 days.
• Give notice to the decedent’s creditors. This must be published in a legal newspaper; if you know of particular creditors of the decedent, they must be given actual notice. You must determine what creditors’ claims, if any, should be paid.
• The estate’s assets must be preserved and distributed to the heirs according to the will, or if none, by the laws of intestate succession. If you improperly distribute assets without leaving enough in the estate to pay taxes, you may be personally responsible for coming up with the difference.
• The personal representative must keep careful records of all income of the estate and all disbursements of the estate’s funds. The personal representative must keep the estate’s assets separate and never “borrow” from them.
• In supervised administration, file an annual Account each year within 56 days of the anniversary date of the personal representative’s appointment and a Final Account when the estate is closed. The Account must list receipts (monies in) and disbursements (monies out). Save your receipts; one must be presented to the Court for each disbursement. In unsupervised administration the Accounts do not have to be filed with the Court, but they must still be served on interested persons.
• Ensure that all taxes on the estate are paid. You must also see that the decedent’s final federal, state and city income taxes are paid and the returns filed.

If the personal representative does not timely perform their duties, any interested person or the Court itself may start proceedings to remove the personal representative or to force them to take action. The personal representative may be held liable for losses caused by his or her mistakes or for failing to act quickly and sensibly.

No. You can decline to serve as personal representative. If you decline, the Court will appoint someone else. Once you are appointed, you cannot resign without the Court’s permission.

Yes. The amount must be reasonable and is subject to review by the Court. The fees cannot be taken until the administration of the estate is completed.

Yes. You can use attorneys, accountants, investment advisors or other professionals to help assist in estate administration. The fees of these professionals are subject to review of the Court, and if reasonable, can be paid from the estate. Even if you hire experts, as personal representative, you are still responsible for the estate’s administration.

If you have questions, please seek legal advice from an attorney. By law, court employees are not permitted to give legal advice.

• Guardianship: $175 plus $12 for a certified copy
• Conservatorship: $175 plus $12 for a certified copy

When a minor does not have a responsible parent or adult to make daily living decisions for him or her, then that minor may be in need of a guardian. When a minor owns property or needs representation in a legal action, then that minor may need a conservator.

Generally, it can be said that the guardian makes decisions about the person, such as medical or housing decisions, and the conservator makes decisions about the property or the finances of the minor. A guardian and a conservator can be the same person or institution or they may be different. For example, a guardian could be a person and a conservator could be a trust company or bank.

A guardian or conservator may be appointed by a Probate Judge after a petition is filed in the Probate Court. The petition may be filed by anyone interested in the well being of the minor, except that one type of guardianship (limited) may only be requested by a parent having custody or by both parents if both parents have custody. For a limited guardianship, the Court must approve a placement plan for the minor, including how long the guardianship is to last.

When the petition is filed, a hearing will be scheduled as soon as possible (in some emergency cases, it may be possible to obtain an immediate temporary guardian before the hearing). The person who files the petition has the responsibility to properly notify the persons who have a right to know about the hearing. In guardianship cases, if a party is incarcerated under the jurisdiction of the Michigan Department of Corrections, their name, address, and prisoner number must be listed on the petition to obtain this information, call  517-373-0284. In addition, the Court may appoint a guardian ad litem to investigate the situation and make a recommendation to the Court prior to the hearing.

On the date of the hearing, the petitioner and anyone else who wants to take part in the hearing goes before the Judge and explains the need for a guardian or conservator. The person who is appointed guardian is required to file an Acceptance of Appointment. The person who is appointed conservator must file an Acceptance of Appointment and may also be required to file a Bond to protect the minor’s assets. After filing the Acceptance of Appointment (and Bond, if required), Letters of Authority will be issued to the guardian or conservator. The Letters of Authority give the guardian or conservator the right to perform the following duties, unless the Court restricts their authority.

• The guardian generally has the same authority and responsibility as a parent for a minor except that a limited guardian cannot consent to a minor’s marriage or adoption. A regular guardian cannot consent to a minor’s adoption without the Court’s permission.
• The guardian is required to file every year an Annual Report of Guardian on Condition of Minor. The report must be filed within 56 days of the anniversary date of the appointment. The information contained in the report allows the Court to assess how the guardianship is working and whether it is still necessary.

The Court will also review a guardianship each year if the child is less than six years old, and for older children as it thinks necessary.

• Within 56 days of being appointed, the conservator must file an Inventory. The Inventory is a listing of all assets of the minor. Assets may consist of real estate, stocks, bonds, certificates of deposit, savings and checking accounts and personal belongings and everything in which the minor has an interest.
• It is the duty of the conservator to care for and preserve all of the assets of the minor and to represent the minor in any legal proceeding.
• The conservator must keep careful records of all income of the minor and all disbursements of the minor’s funds. The conservator must keep the minor’s assets separate from his or her own and never “borrow” from the minor’s assets.
• It is the duty of the conservator to file an Annual Account each year within 56 days after the anniversary date of the conservator’s appointment.

The Account must list receipts (monies in) and disbursements (monies out). Save your receipts; one must be presented to the Court for each disbursement.

Anyone, including the minor who is at least 14 years of age, may file a petition to modify the guardianship or conservatorship or to have a different guardian or conservator appointed. With the Court’s permission, the guardian may resign at any time. When the minor reaches 18 years of age or dies, the Court should be notified so that the guardianship or conservatorship can be ended and the Court’s case closed. Before the conservator can be discharged, a Final Account will have to be filed and approved by the Court and the Court will have to be satisfied that the minor (now adult) or his or her estate has received whatever assets remain.

If you have questions, please seek legal advice from an attorney. By law, court employees are not permitted to give legal advice.

• Guardianship: $175, plus $12 for a certified copy
• Conservatorship: 175, plus $12 for a certified copy

When an adult becomes unable to make responsible decisions, then that adult may be in need of a guardian, conservator, or other alternative. The law states that a guardian may be appointed if a Court determines that a person is an incapacitated individual. The law defines an incapacitated individual as:

• “…one who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.”

A conservator may also be appointed if the person is unable to manage his or her property or finances effectively.

Generally it can be said that the guardian makes decisions about the person, such as medical or housing decisions, and the conservator makes decisions about the property or the finances of the person. A guardian and a conservator can be the same person or institution or they may be different. For example, a guardian could be a person and a conservator could be a trust company or bank.

A guardian or conservator may be appointed by a Probate Judge after a petition is filed in the Probate Court. The petition may be filed by anyone interested in the well being of the adult. When the petition is filed, a hearing will be scheduled. In addition, the Court may appoint a guardian ad litem to investigate the situation and make a recommendation to the Court prior to the hearing.

On the date of the hearing, the petitioner and anyone else who wants to take part in the hearing goes before the Judge and explains the need for a guardian or conservator. The Judge will decide whether to appoint a guardian and/or a conservator.

The person who is appointed guardian is required to file an Acceptance of Appointment. The person who is appointed conservator must also file an Acceptance of Appointment and may also be required to file a Bond to protect the adult’s assets. After filing the Acceptance of Appointment (and Bond, if required), Letters of Authority will be issued to the guardian or conservator. The Letters of Authority give the guardian or conservator the right to perform certain duties, unless the Court restricts their authority.

If a life-threatening, medical emergency exists, the Judge may appoint a temporary guardian without a hearing unless the judge determines that a hearing is necessary. A letter from a doctor or social worker may be required to explain the nature of the emergency. Please note that a second hearing is required.

• The guardian generally has the same authority and responsibility for the adult as a parent has for a minor child.
• The guardian is required to file every year an Annual Report of Guardian on Condition of Incapacitated Individual. The report must be filed within 56 days of the anniversary date of the appointment. They must also give a copy of the report to the adult and the persons listed on the guardianship petition. The information contained in the report allows the Court to assess how the guardianship is working and whether it is still necessary.

The Court will also review a guardianship within a year of the guardian being appointed and at least once every three years afterwards.

• You must visit the ward within 3 months of becoming guardian and at least once every 3 months after your last visit.
• The guardian may make routine medical decisions but may not consent to extraordinary medical procedures without a court order.
• A major goal of the guardian is always to try to restore the ward to independence.

• Within 56 days of being appointed, the conservator must file an Inventory. The Inventory is a listing of all assets of the adult. Assets may consist of real estate, stocks, bonds, certificates of deposit, savings and checking accounts, and personal belongings and everything in which the adult has an interest.
• It is the duty of the conservator to care for and preserve all of the assets of the adult and to represent the adult in any legal proceeding.
• The conservator must keep careful records of all income of the adult and all disbursements of the adult’s funds. The conservator must keep the adult’s assets separate from his or her own assets and never “borrow” from the adult’s assets.
• It is the duty of the conservator to file an Annual Account each year within 56 days after the anniversary date of the conservator’s appointment. They must also give a copy of the account to the adult and the persons listed on the conservatorship petition.

The account must list receipts (monies in) and disbursements (monies out). Save your receipts; one must be presented to the Court for each disbursement.

Anyone, including the adult, may file a petition to terminate the guardianship or conservatorship or to have a different guardian or conservator appointed. With the Court’s permission, the guardian may resign at any time. When the adult is no longer an incapacitated individual or dies, the Court should be notified immediately so that the guardianship or conservatorship can be ended and the Court’s case closed. Before the conservator can be discharged, a Final Account will have to be filed and approved by the Court and the Court will have to be satisfied that the adult or his or her estate has received whatever assets remain.

If you have any questions about what services or procedures may be available that might make guardianship or conservatorship unnecessary, you may contact the Commission on Aging, Department of Community Mental Health, or Department of Human Services.

If you have questions, please seek legal advice from an attorney. By law, court employees are not permitted to give legal advice.

A decedent estate case may have to be re-opened for a variety of reasons. These could include:

• After discovered assets (i.e., new property, such as stocks, bonds, real estate) found after the estate was closed.
• The estate was improperly closed without the administration being completed (i.e., property not deeded to the heirs, etc.).

An Application to reopen estate can be filed by any interested person, including the prior personal representative.

A Petition to reopen estate can be filed by any interested person, including the prior personal representative.

Note

If the case was closed as a supervised estate, only a petition to reopen requesting supervised administration may be filed.

• To determine if the decedent had a will that was not offered for probate in the previous administration. If they did, copies must be given to all interested persons. Either consents from all interested persons must be filed or a hearing must be conducted so the Judge can determine whether the will is valid.
• Gather the estate’s newly discovered assets and determine what they are worth. This includes obtaining appraisals, if necessary. Within 91 days of being appointed, the personal representative for an estate reopened in supervised administration is required to file a Supplemental Inventory with the Court listing all the decedent’s newly discovered assets. For unsupervised administration, the personal representative must provide all interested persons with a Supplemental Inventory within 91 days.
• Determine if there are any unpaid taxes, including inheritance/estate tax.
• The estate’s assets must be preserved and distributed to the heirs according to the will, or if none, by the laws of intestate succession. If you improperly distribute assets without leaving enough in the estate to pay taxes, you may be personally responsible for coming up with the difference.
• The personal representative must keep careful records of all income of the estate and all disbursements of the estate’s funds. The personal representative must keep the estate’s assets separate and never “borrow” from them.
• The estate must be reclosed within 1 year from the day it is reopened.
• In supervised administration, file a Petition for Complete Estate Settlement, Schedule of Distribution, and Final Account when the reopened estate is closed. Signed consents from all interested persons or a hearing is required to grant the petition. The Account must list receipts (monies in) and disbursements (monies out). Save your receipts; one must be presented to the Court for each disbursement. In unsupervised administration the Accounts do not have to be filed with the Court, but they must still be served on interested persons.
• Ensure that all taxes on the estate are paid. You must also see that the decedent’s final federal, state and city income taxes are paid and the returns filed.

If you have questions, please seek legal advice from an attorney. By law, court employees are not permitted to give legal advice.

In accordance with MCL 700.3951 and MCR 5.144, the Muskegon County Probate Court may administratively close a probate file. The Muskegon County Probate Court has implemented the following procedures to reopen an administratively closed file:

• To reopen an administratively closed decedent’s estate, the fiduciary or any interested person must file an Application/Petition to Reopen Estate PC607, and pay the filing fee of $150. If the former fiduciary is reappointed, they may be ordered to file any missing documents (e.g. Account, Inventory, Notice of Continued Administration).
• To reopen an administratively closed guardianship or conservatorship case, the fiduciary or any interested person must file a new Petition to Appoint Guardian or Petition to Appoint Conservator, and pay the filing fee of $150. If the former Guardian or Conservator is reappointed, they may be ordered to file any missing documents (e.g. Annual Report on Condition of Ward, Account).

MCR 5.125(A)(1) requires that the Michigan Attorney General must be served in specific probate proceedings when the decedent is not survived by any known heirs, or the protected individual has no known presumptive heirs. These notices should be sent to the following address:
Brenda Turner - Assistant Attorney General
State Public Administrator
P.O. Box 30736
Lansing, MI 48909

A probate estate must be opened to obtain the medical records of a deceased person.

A formal Petition for Probate and / or Appointment of Personal Representative (PC 559 (PDF)) must be filed and include a request that a special personal representative be appointed. A Muskegon County Probate Court will not appoint a special personal representative on an informal application.

For additional information, view the Decedent Estates page.

If You Think Your Own Will May Be on File, the Court Will Check Its Records After You Present Photo Identification.  If You Are Unable to Come to Court, Your Lawyer May Present Form PC 548, Authorization to Release Will Held for Safekeeping.

If You Are Looking for a Will Held for Safekeeping for a Deceased Person, You Must Present a Death Certificate.

Wills not admitted to a probate estate:

• The Court will check to see if a will has been filed for safekeeping when a death certificate is presented to the Court.

Wills admitted to a probate estate:

• If a will was admitted to a probate estate with the Muskegon County Probate Court, and you would like to obtain a copy of the will, please call 231-724-6241 to make arrangements. The fees are as follows:
  • Standard Copy $1 per page
  • Certified Copy $1 per page plus $10 certification fee, per document

The Court accepts in-state checks, certified checks, and money orders. The Court does not accept credit cards or out of state checks.

View information online to find out if you need an EIN.

Visit the IRS website to apply. Please note that this is through the IRS, not Probate Court.

Review the fees and types of dog licenses available on the dog license fee page.

One Year License

If your dog was not given a new rabies vaccine this month (wasn’t due for a shot), or was only given a one year vaccine, you are only eligible to purchase a one year license.

Three Year License

If your dog’s rabies vaccination was due this month and he / she was given a three year vaccine, you are eligible to purchase a three year license or a one year license.

Review the Muskegon County dog licensing locations page.

Read an overview of application process on the dog license application page.

As of January 1, 2012, Muskegon County began issuing Permanent Dog Tags (the metal charm). This does not mean that you do not have to renew the license anymore. You are still required to renew the actual license every year / 3 years and provide proof of current rabies vaccination, but you will not receive a new metal tag every year. It can be replaced at any time if it is lost, upon owner’s request.

No. The metal dog tag is used to identify your dog. It is not the license. The license is the paperwork you receive after completing the application. You should save the paperwork until that license expires.

If you lose the dog tag (or the paper license) you can get a replacement at no charge. You will need to request the replacement in person at the Muskegon County Treasurer's Office or at your local unit.

If you no longer have the dog, please call us at 231-724-6261. Let us know if your dog is deceased, sold, given away, stolen or missing, or if you have moved out of the county. This will prevent us from sending delinquent notices for a dog you no longer have.

View the dog owner additional information page for details about leashing, vaccination and bites.

Yes. Property owners who had delinquent taxes under the old law could also lose their property, but they had more time to pay and more "second chances." Under the new law, if your taxes are delinquent for two years, that's it. You've lost the property.

A delinquent tax is an unpaid tax that has been forwarded to the county treasurer for collection on March 1 of the year after it was due. For example: taxes that are billed by your city, township, or village treasurer in 2009 and yet unpaid on the last day of February 2010, will be turned over to the County Treasurer as delinquent on March 1, 2010.

An Administrative fee of 4% and interest of 1% per month are added. After one year, the property is forfeited to the county treasurer. For example, 2008 taxes still unpaid as of March 1, 2010 will be in forfeiture.

No. Forfeiture is not foreclosure. If your property is in forfeiture, you still have one year before it will be foreclosed. However, the interest and fees will be substantially higher. When a property is forfeited, the interest rate goes from 1% per month to 1.5% per month retroactive to the date it first became delinquent. A $175 processing fee, as well as other fees determined by the State of Michigan are also added.

After a property has been in forfeiture for one year and is still unpaid, it will be foreclosed. 2007 property taxes will be foreclosed on March 31, 2010.

You cannot get your property back after it has been "foreclosed." Foreclosure is final. Property that has been foreclosed will be sold at public auction.

Partial Payments

Even if you can't pay your taxes all at once, you can still make partial payments, depending on how many years are delinquent. Make your check payable to the Muskegon County Treasurer and mail to:

Muskegon County Treasurer
173 E Apple Avenue Number 104
Muskegon, Michigan 49442 

Parcel Number

To ensure your payment is applied to your parcel, please write your parcel number on your check or money order. If you cannot pay all of your taxes before foreclosure, contact a mortgage professional to determine if you could consolidate your unpaid taxes into a mortgage; or contact the Family Independence Agency at 231-733-3700 for possible financial assistance

Avoid Foreclosure. Please do not wait until it's too late.

Purchase accident reports online.

Submit a crime tip using Silent Observer. Silent Observer is a high-tech crime prevention program launched by a coalition of local business, education and law enforcement leaders.

Michigan Law requires all dogs 4 months and older to be licensed. Learn more on our Dog Licenses page.

Yes, the County has a variety of Economic Development Programs available.

Yes. Browse a list of Private Development Sites in the County.

To purchase a Muskegon County owned property as is, with or without a structure, complete the Commercial / Residential Purchase Application (PDF) and return it to the Muskegon County Economic Development Office. Complete a separate application for each parcel. Please review our Sale of County Real Property Policy before completing this application.

Interested local contractors should contact Tim Burgess, Muskegon County Land Bank Consultant at 231-724-6170 or Tony Moulatsiotis, Chair of the Muskegon County Land Bank Authority at 231-724-6217.

View properties available for sale in Muskegon County.

We are a 24 hour facility open 365 days a year.

Public Bid Openings are currently being held online via WebEx. Meeting invites are posted in an addendum with the associated solicitation that will be opened or an invite can be requested by sending an email to: purchasing@co.muskegon.mi.us .

Current solicitation listing are available for download at: https://www.bidnetdirect.com/mitn/muskegon-county

To request a copy of a current or past Purchase Order, contact the Central Purchasing Office by phone (231) 724-6281 or email at purchasing@co.muskegon.mi.us.

To receive a copy of the County's Sales Tax Exempt Form, send an email requesting a copy to purchasing@co.muskegon.mi.us. 

The Central Purchasing Office handles procurement for:

• Administration
• Accounting
• Airport
• Courts
• Convention & Visitor Bureau
• Facility Management
• Health Department
• Human Resources
• Information Systems
• Juvenile Transition Center
• Parks
• Public Defender
• Public Works
• Resource Recovery Center
• Sheriff / Emergency Services
• Solid Waste

Applicants who meet the minimum qualifications for Muskegon County positions and pass any required pre-employment tests are placed on an eligible list. The list of eligible candidates is sent to the hiring manager for consideration. Eligible lists remain in effect for 90 days.

All applications for employment with Muskegon County must be submitted online at https://www.governmentjobs.com/careers/muskegon. Although we cannot accept resumes without an online submittal, the Muskegon County Human Resources office has computer work stations available to the public from 8:00 AM to 5:00 PM, Monday through Friday. We even have staff to help you through the application process! 

Our Address:

1903 Marquette Avenue
Muskegon, MI 49442

OPAC (Office Proficiency Assessment Certification) testing is the pre-employment testing used by Muskegon County. If a position requires OPAC testing, the topics required will be found in the additional information section of each job announcement. Applicants must pass OPAC testing with a score of 60% or greater to be placed on the eligible list. Applicant's scores are good for one year and can be transferred to multiple recruitments.

Please understand that the hiring process can be lengthy. It is unlikely that you will receive any feedback prior to the expiration date of the job announcement. Most notifications regarding the hiring process are sent via email to each applicant's email address. It is vital that the email you provide is valid and one you check often. In rare cases, notifications may end up in a spam folder. Always check your spam file if you feel you have missed any notifications. 

Finally, if you are in doubt regarding the status of your application, give us a call! The Human Resources office can be reached at (231) 724-6442, between 8:00 AM and 5:00 PM, Monday through Friday. Please have the title of the position ready when you call.

Applicants may submit any supporting documents they wish for each job announcement. At the end of the online application process the candidate is given the opportunity to upload a resume, cover letter, college transcripts, military discharge paperwork or any other attachment they feel appropriate for the position.  

Unfortunately, all applications must be submitted no later than 5:00 PM, EST of the published closing date for each announcement. Late submittals will not be accepted. 

Muskegon County recognizes the sacrifices made by our military service members and is proud to provide a Veteran's hiring preference for all honorably discharged Veterans of the United States military. Muskegon County will waive minimum college and/or experience requirements associated with individual positions in lieu of comparable military education, training, and service. In addition, all things being equal, Veterans will be offered employment over those without military service.  

To receive the Muskegon County Veteran's hiring preference, applicants must submit a DD Form 214 or reserve discharge order. Active National Guard and Reserve soldiers may submit a letter from their unit commander stating the service member's military occupational specialty, end of service date, and verification that the service member is in good standing.  

According to the Muskegon County Personnel Rules, minimum qualifications have been established for each position. Applicants are required to meet the minimum qualifications established in order to advance in the recruitment process. Any application that does not meet the minimum qualifications will not be accepted. Candidates that are not qualified will receive an email notifying them of the reason.  

Absolutely! Simply visit http://www.co.muskegon.mi.us/humanresources/ and select Job Interest Card. Select any job categories that interest you and click "submit". Fill out the requested information and submit. Whenever a new job announcement from your selected category is published you will receive an email with a link to the online application! 

Yes, the event will take place on Saturday, 4/22/23 between 9 am and 1 pm at 1350 Keating, Muskegon, MI  49442.

Formal Solicitations are Posted on www.bidnetdirect.com. Registration is required for the Bid Net Direct site. Registration options range from Free with the basic search options to fee base with more advanced features. Business are encouraged to review the options and to select the one that best fits them.

The Procurement thresholds are listed below:

• Authorized Department Level purchasers may make purchases under $3,499.99 without a Purchase Order.
• Authorized Department Level purchasers may make purchases between $3,500.00 -$24,999.99 with three Informal Quotes and a Purchase Order.
• Authorized Department Level purchasers may make purchases between $25,000 -$149,999.99 with Board Approval and Procurement Collected Quotes/Solicitations. These purchases will have a Purchase Order.
• Purchases $150,000 and above require Board Approval and Formal Solicitations. These purchases will have a Purchase Order.

Business that provide goods and services below the Formal Solicitation level are encouraged to contact the Purchasing Office or talk to the County Departments. 

All formal solicitations are posted on the Bid Net Direct website at www.bidnetdirect.com. For assistance with registration call Bid Net customer support at 1-800-835-4603 option 2.

For assistance on the Bid Net site, please call Bid Net at 1-800-835-4603 option 2.

Solicitation updates are posted online at www.bidnetdirect.com.

The results from a solicitation are posted after the official award which is after the Board Approval. For information on the status of a specific solicitation and if it is being prepared for Board Approval contact the Procurement Office. For more information on the Board Agenda's or Board Meeting dates see the Board of Commissioners web pages.

This information will need to researched individually. For a specific answer send an email to the Purchasing Office at purchasing@co.muskegon.mi.us describing the specific good or service you are interested in. 

The Held Check Policy, is a Board Policy inside the Finance Policies that states Checks cannot be released without Board Approval unless they meet one of the exceptions listed in the policy. 

The Central Accounts Payable office processes invoices for payment once a week with an exception for holidays, and the Held Check Policy in the Financial Policies. In order for an invoice to be included it must first be entered by the department the vendor is contracted with for approval. To confirm if your invoice has been submitted for processing or get the status of an invoice that may be held by the Held Check Policy call the Accounts Payable Office at (231) 724-6115.

For a copy of your 1099-MISC Form contact the Accounts Payable Office by email at accountspayable@co.muskegon.mi.us or phone (231) 724-6214 and a second one can be sent to you.

For information on an invoice received by the County call the Receivable Office at (231) 724-1219 or email at miscaccountreceivables@co.muskegon.mi.us.

For changes on your invoices contact the Receivables Office by phone at (231) 724-1219 or email at miscaccountreceivables@co.muskegon.mi.us.

You may apply online at the link below or complete an Application for Payment Plan in person at the Hall of Justice, or you may contact the Collections department via email 60Collections@muskegoncounty.net and request an application be mailed to you. Once a fully completed application is received by the court, your payment plan will be sent to you within 3-5 business days. If additional information or instructions are required, the court will contact you by phone or email.

Generally, we strive to set up your payments at the level you request if possible.  Some factors such as a direct order of the court, probation period,  or your previous payment history with the court will affect the level your payment must be set at.  For example, $800 is ordered by the court and a 12 month probation period is ordered; your minimum will be approximately $67 monthly.

A plan can be set up to be weekly, biweekly, semi-monthly (twice monthly on specific days of the month), monthly, or every specific number of days.

Generally a first payment must be made within 30 days of sentencing or default judgment date.  We ask that you let us know when you can make the first payment; and we strive to set up your plan in that manner.

You will be expected to pay as much as you can and contact the Collections staff to discuss what can be done.  If you are able to pay the full payment within a week or two, we will make a note to that effect on your case(s).  Past due status and notices will still go out until plan is current again.

You may make your payment in person at the District Court Records windows M-F 8:30 to 4:30; please bring a copy of your plan with you.  A drop box is also available outside the court house in the parking area near the flags; make sure to print your name & phone number on the envelope provided and include the case number you are paying;  remember to pay the cases in the order the collections department gave you.  Mail payments to payable to the 60^th District Court, 990 Terrace St, Muskegon MI 49442; again include your name, phone number & Case number. You may pay online using a credit or debit card to may payments with the link below; make sure you include your case number. Finally, you may call 1-888-604-7888, using pay location code 7225 and have your case number available. All credit card payment are subject to a third party fee.

If a judge gives you a specific order to pay, the collections staff cannot override that order.  We suggest you pay as ordered.  If unable to do so due to unforeseen circumstances; pay as much as you can by the date ordered and write a letter to the judge requesting additional time to pay or report to the Records window and request to see the judge concerning additional time to pay.

Make a payment immediately of at least $50 and contact the Collections department in person, by phone 231-724-6334, or via email 60Collections@muskegoncounty.net to get further information and discuss payment plan possibilities.

We can still set a payment plan, however you will probably be required to make a minimum payment first, since your case must be past due in order for your license to have been suspended.  The suspension(s) will remain in place until the full balance on the cases and/or tickets with suspensions are paid in full.  You will receive a clearance card for each paid in full case or ticket and an electronic release will be generated to the Secretary of State.

• A program for those with chronic alcohol/substance abuse issues
• Assist in obtaining and maintain alcohol/drug free lifestyle
• Team approach to supervision
• An 18-24 month program
• Regular court review sessions

• Must reside in Muskegon County
• Pattern of substance abuse/dependency
• No history of violent offenses
• Presiding Judge makes final determination of acceptance into program

• Receive treatment for substance abuse
• Many services are cost free, or reduced, for the participant
• Potential to obtain restricted license
• Potential for reduced or no jail time at sentencing

• A guilty plea must be entered
• Speak to your attorney to start the screening process
• Must volunteer to participate

• At this time, we do not accept transfer cases or felony cases

• Must be a veteran as defined by MCL 600.1200(i)
• Must possess an honorable discharge or general discharge
• Must submit to eligibility screening
• Must have substance abuse and/or suffers from mental illness, or both
• Must possess the physical and mental capacity to fulfill program requirements
• Must not have gone through a Veteran’s Court program in the past

• Yes

• We accept Jurisdictional transfer cases

• Receive treatment for substance abuse or mental illness, or both
• Potential to obtain restricted driver’s license in OWI cases
• Potential for a reduction in charges for successful program completion

Please contact our veteran’s treatment court case manager 231-724-6419 or 231-724-6488.

• You must be 18 years old
• Be a resident of Muskegon County
• Have a serious mental illness diagnosis (SMI)
• SMI must be the primary diagnosis

• It is a 12 month program, however, you can be released early or extended depending on your circumstances

Yes, the Mental Health Court does accept felony transfer cases on a limited basis.

• Potential for reduced or no jail time at sentencing
• Potential for a reduced charge
• Treatment for your mental health

We are located at:

173 East Apple Avenue, Suite 301

Muskegon, MI 49442

No, only original documents with original signatures can be recorded. 

We accept electronic recordings through the following Vendors:

• CSC https://www.erecording.com/
• EPN https://goepn.com/
• Indecomm https://indecomm.com/
• Simplifile https://www.simplifile.com/

The following documents cannot be recorded electronically:

• Master Deeds
• Amendments to Master Deeds (if the legal description is being changed and has large drawings being recorded with it)
• Plats
• Property Transfer Affidavits (Must be sent in to the Muskegon County Equalization Department)

Please see our Recording Requirements page. 

You can obtain copies of documents in our office or from our Online Record Search. 

The Register of Deeds Office does not provide blank deed forms. You may be able to find forms online or at office supply stores. We highly recommend going to a title company, real estate attorney, or legal aid to assist with the preparation of deeds.

No. Please be advised pursuant to MCL 600.916(1), clerks are barred by law from giving legal advice or preparing documents. If you need assistance, please contact a title company or real estate attorney.

To change, remove, or add a name to a deed a new deed must be prepared. We strongly recommend consulting with an attorney or a title company to ensure interest is conveyed exactly as intended. After the new deed is prepared and notarized, it needs to be brought in or mailed in to our office to be recorded.

A certified copy of the death certificate needs to be recorded in our office. Recording a person’s death certificate will remove their interest from the property. Your deed will stay the same; You will not receive a new deed from our office.

You do not receive a new deed when a mortgage is paid off. Instead, the mortgagee will record a discharge of mortgage. The original deed should have been issued when the property was purchased. You can purchase a copy of the deed or discharge of mortgage in our office or from our Online Records Search.

A tax certification is a stamp from the Treasurer’s Office that indicates that all the taxes on a property are paid up. Tax Certifications are required before recording the following documents:

• Warranty Deeds
• Any deeds that “warrant” (contain a covenant of warranty)
• Land Contracts
• Assignment of Land Contracts with a warranty clause.

• Recording Fee: $30 per document
• Deeds that have a sale amount will be charged Transfer Tax.
• $5 Tax Certification Fee on Warranty Deeds, Land Contracts, Deeds that contain a covenant of warranty, and assignment of land contracts with a warranty clause. 
  1. Note: If you recording a document that requires a tax certification & you are paying with a check, there needs to be two checks:
     • One check that includes the recording fee plus any transfer tax. This check must be made payable to the Register of Deeds Office
     • A separate $5 check made payable to the Muskegon County Treasurer’s Office
• For any document which assigns or discharges more than one instrument, $3 shall be added to the recording fee for each additional instrument assigned or discharged.

Transfer Tax is collected on the amount a property is sold for.  The grantor on a deed/easement is responsible for paying the transfer tax.

• There may be Transfer Tax Exemptions depending on the situation:
  • See County Transfer Tax Exemptions
  • See State Transfer Tax Exemptions
• The correct exemption codes must appear of the face of the document.
  • Sheriff’s Deeds are always exempt from State Transfer Tax, but are not always exempt from County Transfer Tax

Only if your property has been surveyed and that survey was brought into our office to be recorded.