Loading...
HomeMy WebLinkAboutResolutions - 1987.09.17 - 18119September 17, 1987 Miscellaneous Resolution 87237 By: health and human Services Committee, Susan Kuhn, Cnairperson In re: Attorney Referees in Juvenile Division of Probate Court To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS, On June 11, 1987 the Michigan Supreme Court adopted new Michigan Court Rules governing proceedings in the Juvenile Division of the Probate Court, effective January 1, 1988; and WHEREAS, Michigan Court Rule 5.913 limits referees presiding at proceedings on major offense and child protective matters to referees qualified as attorneys; and WHEREAS, the Oakland County Probate Court presently has an experienced group of referees who regularly hear these matters and do an excellent job, but who are not attorneys; and WHEREAS, the Oakland County Probate Court, the Michigan Probate Judges Association, other associations, groups, and individuals have requested the Michigan Supreme Court reconsider the limitations of NCR 5.913, but upon which reconsideration request the Michigan Supreme Court has not yet responded; and WHEREAS, compliance with the rule would be served by having qualified attorney referees available upon its' effective date; and WHEREAS, for tne referees to be trained and prepared to preside at juvenile hearings beginning January 1, 1988 it is necessary to recruit and hire them by November 1, 1987. NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners authorize the Oakland County Probate Court two attorney referee positions and further authorize the court to initiate recruitment and hiring efforts for two individuals licensed to practice law in Michigan for the position of juvenile court referee. HE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners authorize funds for salaries for these positions. BE IT FURTHER RESOLVED, that the authorization for these positions, this Probate Court action, and the expenditure of funds is contingent on the Michigan Court Rule 5.913 remaining unamended; in the event the Michigan Supreme Court mOdifies this requirement prior to the hire date, then the Probate Cour.t will not hire and this authorization and funding approval would be rescinded. Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption of the foregoing resolution. BeaIth and human Services Committee Misc. 87237 September 17, 1987 Moved by Susan Kuhn supported by Wilcox the resolution be adopted. The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections.