HomeMy WebLinkAboutResolutions - 1982.11.03 - 13464MISCELLANEOUS RESOLUTION 82331 November 4, 1982
BY: FINANCE COMMITTEE, G. WILLIAM CADDELL, CHAIRPERSON
IN RE: JURY COST PAYMENT - COURT CASES REMANDED TO DISTRICT COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County had filed a lawsuit challenging the payment of
actual jury cost on cases remanded from the Circuit Court to the District
Court as a violation of the Headlee Amendment; and
WHEREAS the Michigan Court of Appeals, on September 23, 1982, dismissed
said lawsuit on the lack of merit on the grounds presented; and
WHEREAS it is the opinion of the Corporation. Counsel's office that Oakland
County will have little to appeal to the Supreme Court and that the County should
comply with the Court of Appeals' order and pay the sums owed to the District
Courts; and
WHEREAS the estimated expenses owed the District Courts for the period
July, 1980 through December 31, 1982 are $50,013,49; and
WHEREAS the Circuit Court estimates the 1983 costs to be $92,557; and
WHEREAS it is necessary to appropriate said funds for payment as authorized
by the Circuit Court.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Circuit Court to review and approve payments to the various
District Courts for jury cost on cases remanded to the District Courts.
BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, the
Finance Committee has reviewed said estimated cost of $50,014 for the period
July, 1980-December 31, 1982 and finds said amount available in the 1982 Con-
tingency Account.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $$0,014
from the 1982 Contingency Account and transfers said amount to the 1982 Circuit
Court Budget as follows:
990-02-00-9990 Contingency ($50,014)
311-05-00-3101 Juror Cost-District Ct. Remand 50 014
-0-
BE IT FURTHER RESOLVED that the 1983 estimated cost for said jury cost for
cases remanded to District Court be considered as part of the 1983 Circuit
Court Budget.
Mr, Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
#8233 • Novem 4 • 1982
4th day of November 182
V'?
_
LYNN/D. ALLEN, County Clerk/Register of
- Moved by Caddell supported by Moore the resolution be adopted.
AYES: DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart,
Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Moore, Page, Patterson,
Perin9ff, Pernia, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell, Calandro.
(25) -
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 if 82331 adopted by the Oakland County Board of Commissioners
at their meeting held on November 4, 1982
with the original record thereof no';: remaining in my °Moe, 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