HomeMy WebLinkAboutResolutions - 1987.02.19 - 17793Miscellaneous Resolution 87045 February 19, 1987
BY: General Government Comluittee-Richard G. Skarritt, Chairperson
RE: Circuit Court (Support) Legislation Which Would Allow Continuance
of the Prior Year Practice of Paying Mediation Procedure Penalties to the
Oakland County Law Library
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, in past years it has been the practice in mediation
procedures to assess $60 fines for late filing of mediation documents and to
distribute these accumulated fines to the County Law Library; and
WHEREAS, the practice of distributing these fines to the Oakland
County Law Library was authorized by an Oakland County Circuit Court
Administrative Order which was subsequently approved by the Michigan Supreme
Court; and
WHEREAS, last year the State Legislature enacted the Tort Reform
Act of 1986 which mandated several procedural changes in court operations
including mediation of civil actions in the courts; and
WHEREAS, one of these changes specified that the $60 fines
relating to mediation documents be split between the mediators rather than
being sent to the Law Library; and
WHEREAS this provision of this law (Act 178 of the Public Acts of
1986) will result in an estimated annual loss of about $117,000 to the
Oakland County Law Library.
NOW THEREFORE BE IT RESOLVED that the following proposed amendment
to Act 178 be submitted to the State Legislature to enable restoration of
Law Library funding:
Amend NCR 2-403(1)(2) to read:
"Failure to submit these materials to the mediation clerk within
the above-designated time subjects the offending party to a $60.00
penalty to be paid to the mediation clerk at the time of the
mediation hearing and distributed as directed by local
administrative order of the court."
BE IT FURTHER RESOLVED that copies of this resolution be sent to
all legislators from Oakland County and to the county's legislative agent.
Mr. Chairperson, on behalf of the General Government Committee,
move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
February 19, 1987
RESOLUTION # 87045
Moved by Skarritt supported by Richard Kuhn the resolution be adopted.
AYES: Aaron, Caddell, Calandro, Crake, Doyon, Hobart, Jensen, R. Kuhn,
S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson,
Moffitt, Nelson, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF WHI,G.Aq
COUNTY OF OAKLAND)
t, Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify that 1 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 remaining in my- office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, t have hereunto set my- hand and affixed
the seal of said County at Pontiac, Michigan
this 19th day of Pohrury
7T--ak
1.7i7;71): Allen, Coun
q
y clerk/
Reg:ester of Deeds-
1987