HomeMy WebLinkAboutResolutions - 1989.09.28 - 17198September 28, 1989
MISCELLANEOUS RESOLUTION i68 9243
BY: FINANCE COMMITTEE - Dr. G. William Caddell, Chairperson
IN RE: Corporation Counsel & County Executive - LEGAL FEES -
LEGAL CHALLENGE OF SIXTH JUDICIAL CIRCUIT COURT
ADMINISTRATIVE ORDER 1989-3
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS in order to provide appropriate office space
for certain employees within the County without seeking outside
leased office space, it was necessary for the County Executive to
reassign the Circuit Court Probation Department to vacant office
space at 196 Oakland Avenue, Pontiac; and
WHEREAS the County Executive, pursuant to Public Act
139 of 1978, as amended, Sections 8 and 13, is charged with the
responsibility of allocating space within County-owned
'properties; and
WHEREAS the Sixth Judicial Circuit Court (Oakland
County Circuit) has issued "Administrative Order 1989-3" which
mandates that Circuit Court Probation and all other court-related
operations shall remain in their current locations unless prior
approval is received from the Chief Judge of that Court; and
WHEREAS the County Executive seeks to have this Admin-
istrative Order rescinded or modified as it affects matters which
do not govern only internal court management and which are within
the province of the County Executive pursuant to Public Act 139
of 1978, as amended; and
WHEREAS the Department of Corporation Counsel is unable
to represent the County Executive in this matter as a conflict of
interest exists due to Corporation Counsel's representation of
the Circuit Court in other matters; and
WHEREAS the County Executive seeks to retain William P.
Hampton of Kohl, Secrest, Wardle, Lynch, Clark & Hampton to file
the necessary proceedings to challenge Administrative Order
1989-3.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves funding for the County Executive to
institute legal proceedings to challenge the Sixth Judicial Circuit Court's
Administrative Order 1989-3.
BE IT FURTHER RESOLVED that the Department of Corpora-
tion Counsel is directed to retain William P. Hampton of Kohl,
Secrest, Wardle, Lynch, Clark & Hampton to represent the County
Executive at the rate of $125.00 per hour, up to $10,000.00.
Mr. Chairperson, on behalf of the Finance Committee, I
move the adoption of the foregoing resolution.
FINANCE COMMITTEE
TELEPHONE
13131 858-0368
ROBERT C. ANDERSON
CIRCUIT JUDGE
Tirruit (gaud
for tile 31tibirtal atirruit of filiriligan
COURTHOUSE TOWER
1200 NORTH TELEGRAPH ROAD
PONTIAC, MICHIGAN 48053
September 8, 1989
Commissioner Roy Rewold
Chairman Board of Commissioners
Oakland County
Dear Commissioner Roy Rewold:
This is to advise you that the Sixth Judicial Circuit
Court has promulgated the attached Administrative Order,
concerning "Housing of Court-Related Activities." The
State Court Administrative Office has reviewed the order
and found that it conforms with MCR 8.112(B).
Very truly yours,
Robert C. Anderson
Chief Judge
RCA:ds
nistrative Order
6TH CIRCUIT 1989-3
ADMINISTRATIVE ORDER 'RE:
HOUSING OF COURT-RELATED ACTIVITIES
To maintain the orderly and efficient operations of the
6th Judicial Circuit Court in accordance with MCR 8.110 and
MCR 8.112,
IT IS ORDERED:
1. The operations and the locations of the following functions
which affect the internal operations and responsibilities of the
Sixth Judicial Circuit Court shall continue in their current specific
locations:
a. Circuit Judges and staff;
b. Court Administrative staff,: including staff
in the court Administrator's Office, Assignment
Office, Jury Office and Ass-..ly Room, and
Mediation Rooms;
. c. Friend of the Court;
d. Pretrial Services;
e. Circuit Court Probation;
f. Legal Division of the County Clerk's Office;
g. Any other office, unit, activity that may be created
to handle functions related to the operations of the
Court.
2. Any changes to the location, method, or manner of operation
of these functions shall require prior approval of the Chief Judge of
the Sixth Judicial Circuit.
3. This order is effective immediately.
Chief Judge
.Dated September 1, 1989
#89243
September 28, 1989-
The Chairperson referred the resolution to the Finance Committee. There
were no objections..