HomeMy WebLinkAboutResolutions - 1986.11.06 - 10926MISCELLANEOUS RESOLUTION 86309 November 6, 1986
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: 52ND DISTRICT COURT - 1ST DIVISION - REQUEST FOR ADDITIONAL
APPROPRIATION FOR OUTSIDE LEGAL COUNSEL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS District Court Judge Martin Boyle has requested funds to pay
outside legal counsel to appeal Judge Gilbert's decision in Oakland County
Prosecutor vs. Martin Boyle, Circuit Court Case #85-292515 AS; and
WHEREAS the Finance Committee has determined that the appeal has merit
and recommends an amount not to exceed $5,000 be appropriated to pay for
outside legal counsel to conduct said appeal; and
WHEREAS funds are available in the 1986 Contingency Account to be
transferred into the 52nd District Court - Division I budget to pay for
outside legal counsel to conduct said appeal.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners appropriates $5,000 from the 1986 Contingency Account to pay
for outside legal counsel to conduct Judge Boyle's appeal and transfers
these funds as follows:
4-10100-909-01-00-9900 Contingency $ (5,000)
4-10100-322-01-00-3456 District Court Legal Expense 5,000
$ -0-
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE
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CUUt J MICHIG N Daniel T. Murpny, Gaidani C '86 NrilV 14 .
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November 13, 1986
NOV 41986
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TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
On November 13, 1986, I hereby veto Miscellaneous Resolution
No. 86309 entitled 52nd District Court - 1st Division - Request
for Additional Appropriation for Outside Legal Counsel.
This Resolution concerns attorney fees for appeal of Oakland
County Prosecutor v Martin Boyle, No. 85-292515-AS. In this
case, Judge Alice Gilbert ruled that Judge Martin Boyle is
disqualified from hearing any criminal calls concerning nuclear
weapons protests or protesters at Williams International Corpora-
tion or elsewhere. This Writ for Superintending Control was for
extraordinary relief concerning one issue and one Judge.
This matter is inappropriate for appeal as it does not have
precedent setting significance and does not have a monetary
impact upon Judge Boyle or Oakland County. Therefore, it is
inappropriate for the County of Oakland to pay the attorney
fee for same reason.
Further, this is not a judicial action of the Judge, it is a
personal matter and for the pleasure of the Judge, not for the
people of the County. The court ruling was not directed to any
ruling of the Judge.
)aniel T.-MUrphy77 (
COUNTY EXECUTIVF:'
• Executive-Office Building 1200 North Telegraph Poad Pontiac:, Michraan 48053 (3131 .858 0484
#86309 November 6, 1986
Moved by Caddell supported by Moffitt the resolution be adopted.
AYES: Rewold, Aaron, Doyon, Fortino, Gosling, Hobart, Richard
Kuhn, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Page,
Pernick, Price. (16)
NAYS: Rowland, Skarritt, Webb, Caddell, Calandro, Susan Kuhn,
Lanni, Olsen. (8)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify that I have compared the annexed copy. of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners .
at their meeting held on November 6, 1986
with the original record thereof now remaining in my office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed
the seal of said County at Pontac, Michigan
this 6th day of November .198_6