My suggestion for preliminary examination reform.

My suggestion for preliminary examination reform in criminal cases, to minimize the time and expense to litigants, witnesses, attorneys and court, but preserve a defendant's right to this sometimes necessary check and balance.

The purpose of a preliminary examination is whether there exist probable cause to believe both that an offense not cognizable by the district court has been committed and that the defendant committed it.

My suggestion:

As per existing criminal procedure, a defendant would still be arraigned by the district court judge/magistrate on the felony complaint, with bond set and counsel, if necessary, appointed.  However, instead of the case being set on for a preliminary examination in district court, the case would go to the circuit court for a circuit court arraignment with the assigned circuit judge. The right to a preliminary examination would be preserved, but in circuit court, by the filing of a sworn affidavit challenging the probable cause to believe an offense not cognizable by the district court has been committed and that defendant committed it.

Because a preliminary examination is sometimes legitimately used as a means of trial strategy, with this change the rules of discovery would be expanded to require witnesses to speak with an attorney (or his/her designee). At the witness’ request, the interview would be taped in its entirety. As is done in civil cases, one could also allow for depositions if necessary to preserve testimony for use at trial under MRE 804.