HomeMy WebLinkAboutResolutions - 1983.12.08 - 11452November 3, 1983
MISCELLANEOUS RESOLUTION 83305
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: LEGAL EXPENSE - JUDGE JAMES P. SHEEHY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution #8082 requires that outside legal counsel shall be employed
only through the office of Corporation Counsel and approved by a majority
vote of the members of the Board of Commissioners; and
WHEREAS 52nd District Court Judge James P. Sheehy found it necessary
to defend himself in a lawsuit initiated by the Oakland County prosecutor
by virtue of certain decisions rendered by the Judge; and
WHEREAS Corporation Counsel was unable to defend Judge Sheehy on this
matter and outside counsel was obtained; and
WHEREAS said lawsuit has been resolved and judge Sheehy requested the
County to pay the attached statement for $3,760.00 for services rendered.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves
payment to outside counsel hired to represent Judge Sheehy in the amount of
$3,760.00.
BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, the
Finance Committee finds $3,760.00 available in the 1983 Contingency Account
to cover said cost.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates
$3,760.00 from the 1983 Contingency Account and transfers said amount to the
1983 52nd District Court-3rd Division-Legal Expense line item as follows:
990-02-00-9990 Contingency $(3,760.00)
124-01-00-3456 Legal Expense 3,760.00
-0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
of the foregoing resolution.
FINANCE COMMITTEE
HAEDIG.00FTZ.BLATH,MERRITT RELB171-
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Honorable
52nd Judi
530 Pine
Rochester
James P. Sheehy
cial District Court
Street
, Michigan 48063 July 7, 19E3
FOR .ROFEEF,7,..'NAL SERViCre;
Through June for services rendered in the
matter of Oakland County Prosecutor's Office
Costs advanced:
Motion fee
Balance due
3,750.00
10.00
$ 3,760.00
13A RD] C. (MI= T7, .}-11 EATE . MERR371 & REE pr,l.
For legal services rendered in the matter of Oakland County Prosecutr).r's
Office Case No. 82-251555 AS
DATE SERVICES RENDERED HOURS , „ , _
1983
March .).,_ ,i, Phone conference with Judge Sheehy .25
April 4 Consultation with Judge Sheehy and
Ken Wilson; preliminary research;
consultation with client 5.60
6 Consultation with Ken Wilson; phone
conference with client; consultation
with Judge Thorburn's Clerk; research:
at Court to study and xerox file
7 Consultation with Yen Wilson; phone
conference with client; review of
pleadings; phone conference with
Bill Moy; research.; phone conference
with client
8 Research re Court powers; research
re warrant procedure
1 Research re right of Court to nolle prosequi;
at Court for conference with Cibor; research
12 Phone conference with client; research;
drafted Motion to Dismiss; Motion to Set
Aside Order of Injunction; Motion for
Payment of Fees; research; phone conference
with Judge Sheehy (2)
14 Consultation with Judge Sheehy and Ken
Wilson re reinstatement of cases; phone
conference with client; consultation with
client and Mr. Hardig
15 Meeting with Mr. Cibor; phone conference
with Cibor; phone conference with Jim;
consultation with Cibor; at Co u rt to file
pleadings
18 Phone conference with Court; phone conference
with Judge Sheehy
2.00
2.00
3.50
4.50
2.35
.00
2.
.0
DATE
1'0 1,
27 At Court to file Praecipe; phone
with Cibor
-1-ence
EAND3U C,C).77..RIT,A71-i ...MERRITT & Ii7-111-!1;
or legal services rendered in the matter of Cal and County Prosecutor's
t_ffice Case No. 62-251555 AS
SERVICES RENDERED HOURS
April 19 Phone conference with Cibor; phone
conference with Judge Sheehy; phone
call to Cibor's office; letter to
client; phone conference with client
20 Consultation with Ken Wilson; phone
conference with Judge Sheehy; phone
conference with Cibor; phone call to
client's office; phone conference with
client; phone conference with Citer's
office; phone conference with Cibor
21 Consultation with Ken Wilson; research
re superintending control; phone
conference with client
1.05
1.65
.85
22 Consultation with Judge Sheehy;
Court to review files
ip to
25 Drafted Answer, Motion to DiETiSS;
Affirmative Defenses and A:.--swer to Motion
to Set a Date
26 Research; revised pleadings; research;
drafted Motion to Dismiss; worked and
reviewed pleadings; phone conference
with Judge Thcrb-urn's Clerk
4.
3.2`,
Phone conference with client; meeting with
client
Phone conference with Court Officer; phone
conference with Cibor; reviewing 6 rPmaning
cases and preparing Affidavit
4 At Court to file Praecipe; consulted with
client; consultation with Cibor; phone
conference with Judge Sheehy
2.00
BA RTY3C, GOETZ MERRITT 8c REL-B171.
For legal servic
Office, Case NO.
rendered in the matter of Oakland County Prosecutor's
251555 AS
DATE
1983
May
SERVICES RENDERED HOUR
Phone conference with Judge Sheehy's
Court Officer .25
6 Phone conference with Court Reporter (2);
phone conference with Mr. Cibor
10 Phone conference with Cibor (2)
11 Reviewed letter from Cibor
12 Phone conference with Cibox'
17 Phone conference with Cibor; prepared for
hearing 1.50
.75
.50
.25
.25
At Court for Motion to Dismiss
19 Phone conference with Judge Sheehy;
drafted Order of Dismissal
2.00
June
20 Consultation with Cibor .25
25 Phone conference with Cibor .25
31 Consultation with Cibcr; revised Order; phone
conference with Judge Sheehy .60
.25 9 Phone conference with Judge Sheehy
Phone conference with client; consultation
with Mr. Hardic
TOTAL HOURS 51.30
Joseph L. Hardly, Jr, - 18,80 hours
Kenneth S. Wilson - 32.50 hours
.50
#83305 November 3, 1983
Moved by Page supported by Lanni the resolution be adopted.
Moved by Pernick supported by Fortino the resolution be amended by
deleting the 3rd WHEREAS paragraph (which reads: "WHEREAS Corporation Counsel
was unable to defend Judge Sheehy on this matter and outside counsel was obtained".)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Lanni, Law, McPherson, Nelson, Perinoff, Aaron, Doyon, Foley,
Hobart, R. Kuhn. (10)
NAYS: S. Kuhn, McConnell, McDonald, Moffitt, Moore, Page, Pernick, Wilcox,
Calandro, Fortino, Gosling, Jackson. (12)
PASS: Price. (1)
A sufficient majority not having voted therefor, the resolution as amended,
Was not adopted,
MISCELLANEOUS RESOLUTION
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: LEGAL EXPENSE - JUDGE JAMES P. SHEEHY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution P8082 requires that outside legal counsel shall be employed
only through the office of Corporation Counsel and approved by a majority
vote of the members of the Board of Commissioners; and
WHEREAS 52nd District Court Judge James P. Sheehy found it necessary
to defend himself in a lawsuit initiated by the Oakland County prosecutor
by virtue of certain decisions rendered by the Judge; and
WHEREAS Corporation Counsel was unable to defend Judge Sheehy on this
matter and outside counsel was obtained; and
WHEREAS said lawsuit has been resolved and Judge Sheehy requested the
County to pay the attached statement for $3,760O0 for services rendered.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves
payment to outside counsel hired to represent Judge Sheehy in the amount of
$3,760.00.
BE IT FURTHER RESOLVED that pursuant to R .
Finance Committee finds $3,760.00 available in f.
to cover said cost.
BE IT FURTHER RESOLVED that the Board of C
$3,760.00 from the 1983 Contingency Account and
1983 32nd District Court-3rd Division-Legal Exp
990-02-00-9990 Contingency
124-01-00-3456 Legal Expense
Mr. Chairperson, on behalf of the Finance C
of the foregoing resolution.
RC -• ECULEVAR:2'
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Honorable James P. Sheehy
52nd Judicial District Court
530 Pine Street
Rochester, Michicjan 48063 July 7, 1983
FOR pr.crEESICINAL eER VICE 6:
Through June for services rendered in the
matter of Oakland County Prosecutor's Office - $ 3,750.00
Costs advanced:
Motion fee 10.00
(— Balance due $ 3,760.00
L,
2.35
A,Rn)G GoET7 flIATJ1 NLJRT & REPEL
For legal services rendered in the matter of Oakland County Prosecutor's
Office Case No. 82-251555 AS
DATE SERVICES RENDERED HOURS
1953
March 31 Phone conference with Judge Sheehy .25
April 4 Consultation with Judge Sheehy and
Ken Wilson; preliminary research;
consultation with client 5.60
6 Consultation with Ken Wilson; phone
conference with client; consultation
with Judge Thorburn's Clerk; research;
at Court to study and Xerox file
7 Consultation with Ken Wilson; phone
conference with client; review of
pleadings; phone conference with
Bill Mcy; research; phone conference
with client
8 Research re Court powers; research
re warrant procedure
11 Research re right of Court to nolle proseui;
at Court for conference with Cibor; research
2.00
2.00
3.50
4.50
12 Phone conference with client; research;
drafted Motion to Dismiss; Motion to Set
Aside Order of Injunction; Motion for
Payment of Fees; research; phone conference
with Judge Sheehy (2) 2.35
14 Consultation with Judge Sheehy and Ken
Wilson re reinstatement of cases; phone
conference with client; consultation with
client and Mr. Hardig
15 Meeting with Mr. Cibor; phone conference
with Cibor; phone conference with Jim;
consultation with Cibor; at Court to file
• pleadings
2.00
16 Phone conference with Court; phone conference
with Judge Sheehy .50
13ARD1c., GorT7 FiyiAT)-3 :Yn RF77T
legal services rendered in the matter of Oakland County Prosecutor's
(...f.fice Case No. 82-251555 AS
DATE SERVICES RENDERED
1983
April 19 Phone conference with Cibor; phone
conference with Judge Sheehy; phone•
call to Cibor'S office; letter. to
client; phone conference with client
20 Consultation with Ken Wilson; phone
conference with Judge Sheehy; phone
conference with Cibor; phone call to
client's office; phone conference with
client; phone conference with Cibor's
office; phone conference with Cibor
21 Consultation with Yen Wilson; research
re superintending control; phone
conference with client
HOURS
1.05
1.65
.85
May
22 Consultation with Judge Sheehy; trip to
Court to review files 1.50
25 Drafted Answer, Motion to Dismiss;
Affirmative Defenses and Answer to Motion
to Set a Date 4.50
26 Research; revised pleadings; research;
drafted Motion to Dismiss; worked and
reviewed pleadings; phone conference
with Judge Thorburn's Clerk 3.25
27 At Court to file Praecipe; phone conference
with Cibor .50
2 Phone conference with client; meetinc with
client .75
Phone conference with Court Officer; phone
conference with Cibor; reviewing 6 remaining
cases and preparing Affidavit
4 At Court to file Praecipe; consulted with
client; consultation with Cibor; phone
conference with Judge Sheehy
2.00
2.50
(;o -ET7 P1ATHTRITT c RrE1-11.j.
For legal services rendered in the matter of Oakland County Prosecutor's
Office Case No. 82-251555 AS
DATE
1983
May
June
SERVICES RENDERED HORS
5 Phone conference with Judge Sheehy's
Court Officer .25
6 Phone conference with Court Reporter . (2);
phone conference with Mr. Cibor .75
10 Phone conference with Cibor (2) .50
11 Reviewed letter from Cibor .25
12 Phone conference with Cibor .25
17 Phone conference with Cibor; prepared for
hearing 1.50
18 At Court for Motion to Dismiss 2.00
19 Phone conference with Judge Sheehy;
drafted Order of Dismissal .35
20 Consultation with Cibor .25
25 Phone conference with Cibor .25
31 Consultation with Cibor; revised Order; phone
conference with Judge Sheehy .60
9 Phone conference with Judge Sheehy .25
15 Phone conference with client; consultation
with Mr. Hardig. .50
TOTAL HOURS 51.30
Joseph L. Hardig, Jr. - 18,80 hours
Kenneth S. Wilson - 32.50 hours
-` 111." S SS ; ada. -41 a Bbayd of ,ou
8th day o cemb_er 19 83
I_ALLEN
CounP Clerk/Register of Deeds
December 8, 1983
Moved by Moffitt supported by Jackson to reconsider the action taken
at the November 3, 1983 Board meeting on Resolution #83305 - Legal Expense - Judge
James P. Sheehy".
AYES: McDonald, Moffitt, Nelson, Olsen, Page, Perinoff, Rewold, Wilcox, Aaron,
Caddell, Calandro, Foley, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, McConnell.
(19)
NAYS: McPherson, Moore, Pernick, Fortino. (4)
A sufficient majority having voted therefor, the motion carried.
Moved by Caddell supported by Moffitt that resolution #83305 -"Legal Expense
Judge James P. Sheehy" be adopted.
AYES: McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Rewold, Aaron,
Caddell,Calandro, Foley, Gosling, Hobart, R. Kuhn, S. Kuhn, Lanni, McConnell. (17)
NAYS: Moore, Wilcox, Fortino. (3)
ABSTAIN: Pernick. (1)
PASS: Jackson, McDonald. (2)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
, 1983 Commissioners at their meeting held on Decemher
with the orginial 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 Pontiac, Michigan
this