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HomeMy WebLinkAboutResolutions - 1971.12.02 - 16015REPORT December 2, 1971 BY: PUBLIC PROTECTION & JUDICIARY COMMITTEE - Mr. Aaron IN RE: MISCELLANEOUS RESOLUTION 5863 - ESTABLISHING NIGHT COURT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: The Public Protection & Judiciary Committee, by Dennis M. Aaron, Chairman, reports Miscellaneous Resolution 45863 concurrently with the opinion of Civil Counsel that the Oakland County Board of Commissioners has no iurisdiction or authority to establish a night court or any other court. The Public Protection & Judiciary Committee, by Dennis M. Aaron, Chairman, moves the acceptance of the foregoing report. PUBLIC PROTECTIO.N &JUDICIARY COMMITTEE Derfnis M. Aaron, Chairman Commissioners Minutes Continued. November 4, 1971 304 and ADOPTED: AYES: Doyon, Gabler, kriírrison, Horton, Houghten, Kasper, Lennon, Mathews, Perinoff, Pernick, Powell, Richards, Richardson,Amson, Szablo, Wilcox, Aaron, Barakat, Burley, Coy, Dearborn. (21) NAYS: None. (0) / i ABSENT:Brennan Om ly, Hamlin, Mainland, Olson, Patnales. (6) 5862 , - i Misc. By Mr. Mathews • / 'I\ , IN RE: ADC SUPPLEMENTALMTHING . l ,f,/ To the Oakland Coy.70,,Board of Commisslon s Mr. Chairman, La,d9pes4nd Gentlemen: 1 17REAS tiWe need for supplementary emergency clOthing assistance to maintain continuous school att darkefor the-children of thtdpoor in OaklandiCounty continues to exist; and WHEiEAS, the additional clothingiwould be more etiuitabLy'distributed through a County- operatfeif clVithin/g store; and I .,. //' f i f tiffiERBAS the cost for ADC supplemental clothing' ai,J ,6wance for the year 1971 was approximately . / $115,000./00; ;and / I i --• WHEREAS the sum of $125,000.00 hou1d be apprWriated for the.-cfothing store operation; and _ , . WkREAS the Dep .a,rTment of Social Services should maka terminatipn as to which children are i5'nee4 of emergen.2{0Othing, , i /NOW THERE/PRE 13,8' IT RESOLVED that he County allocate the s-yr of $125,000.00 for the/establishment,-of an,,Oakiand County Clothing re for ADC recipients based 00,n demonstrated neOssi,ty, Bvt FURTHEA RESrED that the Department of Social Services make the determination as to _ ADC cli/j1d,5„ah in need/of co9Tgency clothing. Mr. Chair;dian////move the adoption of the foregoing resolution. / _ James Mathews / • - Count prrir, D i s.t-r c ,19 7 The resolution w s referr",t,o ReS-o.Orces Cèvrtattee--1here were no objections. Misc. 5863 By Mr. Lennon IN RE: RECOMMENDATION TO ESTABLISH NIGHT COURT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS police officers in many of the police department jurisdictions of Oakland County are located at a great distance from the County Jail; and WHEREAS many traffic misdemeanors and felony arrests occur at right; and WHEREAS the smaller police departments do not have adequate detention facilities to house these prisoners, the result being that the prisoners must be transported great distances to the Jail after their arrest; and WHEREAS personnel from these departments must also return to the Jail the following morning and take them to a District Court for arraignment, said Court often being many miles from the Jail; and WHEREAS the police personnel must further return the prisoner to Jail after his arraignment; WHEREAS this process results in a poor allocation of the manpower of the police departments; and WHEREAS the large number of men committed to Jail awaiting their arraignment tends to overcrowd the Jail; and WHEREAS arraignment of a prisoner soon after his arrest and original booking more fully complies with the Constitutional standard of due process; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve of and hereby implements the establishment of a "Night Court"; BE IT FURTHER RESOLVED that the Night Court shall be staffed by a judge or magistrate who shall have the duty to arraign all respondents brought before him and to set bond for the respondent pending his appearance in District Court; BE IT FURTHER RESOLVED that the Public Protection and Judiciary Committee shall investigate the possibility and feasibility of the establishment of such a Night Court in Oakland County. Mr. Chairman, I move the adoption of the foregoing resolution. Bernard F. Lennon . County Commissioner, District 411 r.e.f.-aeree-E6mt -Pallt-Protee.t4on -amd-laidra-ry-torihi-treeTn6i'e were no Misc. 58,E4'-:' By Mr/Lennon IN R'E: COUNTY EMPLOYEE BENEFITS T/the Oakianci-e-0-ti Board of Commissioners L4145 and Gentlemen: WHWA'S it is in the interest of the citizens of Oakland County to secure and maintain qualified and'experien,e_ad-pe-rs-en-rte.1 in the public service; and WHRASthe maintenancylof such high level of competenc -6-and effT6lency depends on the - dedication of public emp 1 oyees,--in the ....C.oua.t.y......5,...rv_Fce WHEREAS in order U6limaTfitain such a high 'revel of performance it is necessary for the County ROBERT P. ALLEN CORPORATION COONSL ARMAND P. DEATRICK ASSISTANT HAYWARD WHITLOCK ASSISTANT November 22, 1971 JOHN L. GRLIBBA ASSISTANT Trusting the foregoing answers your inquiry, I am Very truly yours, 4011 - tilp RPA:ck cc: Committee Members obert P. Allen OAKLAND COUNTY CORPORATION COUNSEL OAKLAND COUNTY COURT HOUSE 4200 NORTH TELEGRAPH ROAD PONTIAC. MICHIGAN 48053 3313-4751 Mr. Dennis M. Aaron, Chairman Public Protection 8( Judiciary Committee Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, Michigan Re: Establishment of Night Court Dear Mr. Aaron: At your request I have reviewed a resolution dated November 4, 1971 introduced by Mr. Lennon. The resolution requests the establishment of a night court by the Oakland County Board of Commissioners. Please be advised that the Oakland County Board of Commissioners has no jurisdiction or authority to establish a night court or any other court. If such a court is to be established, it would have to be done by a ruling of the Supreme Court or by action of the State Legislature. I am also of the opinion that the district judges may of their own volition sit as a court during evening hours if that judge so desires. I know of no way, however, to force any judge to sit in the evening or "night court". Moved by Aaron supported by Daly the report be accepted,, A sufficient majority having voted therefor, the motion carried.