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HomeMy WebLinkAboutResolutions - 1987.02.19 - 177661 HEREBY APPROVE THE FOREGOING RESOLUTION Richard 1-:)777uhn, - - Miscell -,,neous Resolution #87011 February 5, 1987 BY: PUBLIC SERVICES COMMITTEE - Richard D. Kuhn, Jr., Chairperson RE: CIRCUIT COURT DEPARTMENT—REQUEST FOR VISITING JUDGE AND CONTINUATION OF COURT REPORTER III TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Michigan Court Rule 8.110(E)(3)(g) provides that the Chief Judge has authority and responsibility to request assignments of visiting judges and direct the assignment of matters to visiting judges; and WHEREAS, MCLA 600.226 provides that former judges may be assigned to perform judicial duties and further provides that a visiting judge shall be paid 1/250th of the annual salary of a circuit judge; and WHEREAS, the Circuit Court anticipates that a visiting judge will be needed for approximately eight months in 1987, beginning March 2 to help alleviate specific backlog and delay problems, in particular a complex non-jury trial expected to involve several months of judicial time, as well as innovative case management techniques requiring addi- tional judicial resources; and WHEREAS, MCL 600.1101 provides that each circuit judge shall have a court reporter assigned to his or her court; and WHEREAS, by amendment to Miscellaneous Resolution #86333 the Board of Commissioners added one temporary Court Reporter III position to the 1987 Circuit Court budget for 90 days, effective January 1, 1987; and WHEREAS, upon approval of the Visiting Judge position, the Court Reporter III position is required to properly staff the visiting judge's court; and WHEREAS, the Court anticipates that revenue will be received to help offset the cost of both the visiting judge and the court reporter's salaries. NOW THEREFORE BE IT RESOLVED that funding for the appointment of a visiting judge be provided for eight months, beginning March 2. BE IT FURTHER RESOLVED that the temporary Court Reporter III position #06012 be made a full time permanent position in the Judicial Unit of the Circuit Court. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: CIRCUIT COURT DEPARTMENT-REQUEST FOR VISITING JUDGE AND CONTINUATION OF COURT REPORTER III - MISCELLANEOUS RESOLUTION #87011 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reveiwed Miscellaneous Resolution #87011 and finds: I) The resolution authorizes appointment of a Visiting Judge in the Judicial Unit of the Circuit Court Department for eight (8) months beginning March 2, 1987, 2) The County is responsible for the payment of per diem for the Visiting Judge equal to of a Circuit Court Judge's salary as specified by MCLA 600.226 and for all expenses and salary incident to the assignment as specified by directive of the State Court Administrative Office, 3) The cost of a Visiting Judge for the eight (8) month period beginning March 2, 1987 is $47,931 as detailed on the attached schedule, 4) The resolution authorizes continuation of one (1) temporary Court Reporter III position (#06012) as a full-time governmental position in the Court Administrator Unit of the Circuit Court beginning April 1, 1987 at an annual cost of $46,652 and a cost of $35,213 for the remainder of 1987 as detailed on the attached schedule, 5) Reimbursement estimated at $33,000 will be received from the parties to the non-jury trial litigation adjudicated by the Visiting Judge to partially offset the cost of both the Visiting Judge and Court Reporter III, 6) The 1987 Revenue and Expenditure Budget be amended by 833,000 and the total cost of $83,144 transferred from the Contingency Account to the Circuit Court Department as follows: 3-10100-311-01-00-2:740 4-10100-909-01-00-9700 Circuit Court Misc. Revenue Contingency $ 33,000 33,000 0- $(83,144) 47,931 4-10100-909-01-00-9900 Contingency 4-10100-311-05-00-3000 Circuit Court Visiting Judge 4-10100-311-01-00-1001 Circuit Court Salaries 4-10100-311-01-00-2074 Circuit Court Fringe Benefits 25,797 9,416 -0-- FINANCE COMMITTEE Schedule A Oakland County Circuit Court Department Cost of Visiting Judge and Continuation of Court Reporter III Position Visiting Judge - Cost for the eight (8) month period beginning March 2, 1987: Circuit Court Judge salary = 92% of Michigan Supreme Court Justice salary Supreme Court Justice salary, effective 1/1/87 - $94,000 Circuit Court Judge salary, effective 1/1/87 - $86,480 (92%) Per diem of Visiting Judge = 1/250 of Circuit Court Judge salary 1/250 of $86,480 = $345.92 $345.92 per diem x 4 days per week x 8 months (34.64 weeks) = $47,931 Court Reporter III - Annual cost and cost for the period April 1, 1987 - December 31, 1987: Annual Cost for the Period Cost 4/1/87 - 12/31/87 Salaries $34,177 $25,797 (including 10% Service Increment*) Fringe Benefits (36.5%) 12,475 9,416 Total Cost $46,652 $35,213 Total 1987 cost for Visiting Judge and Court Reporter III = $83,144 * Current incumbent in temporary Court Reporter III (position #06012) is eligible for 10% service increment. February 19, 1987 RESOLUTION # 87011. Moved by Richard Kuhn supported by Rowland the report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Richard Kuhn supported by Rowland the resolution be adopted. AYES: R. McPherson, Moffitt, Nelson, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Aaron, Caddell, Calandra, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, McConnell, McDonald, A. McPherson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MECHJCAN), COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that have compared the annexed copy of Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on February 19, 1987 with the original record thereof now remaIntpg 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 1987 19th day of Fehrnry tN è g Lynn/0: Allen, Coun y Clerk/ Register of Deeds this