HomeMy WebLinkAboutResolutions - 1991.04.25 - 18376April 25, 1991
REPORT (Misc. 91070)
BY FINANCE COMMITTEE - DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #91070, CIRCUIT COURT - FEE
SCHEDULE FOR COURT-APPOINTED COUNSEL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed Miscellaneous Resolution
#91070, "Circuit Court - Fee Schedule for Court-Appointed Counsel," reports
with the recommendation that said resolution be amended as follows :
In the NOW THEREFORE BE IT RESOLVED paragraph line 4,
delete the comma ( , ) after "1991" insert a period ( . ) and
delete the remainder of paragraph, including subparagraphs
(a), (b), and (c).
In addition, delete the two BE IT FURTHER RESOLVED para-
graphs to make the resolution consistent with the Fiscal
Note.
Mr. Chairperson, on behalf of the Finance Committee, I move
acceptance of the foregoing Report.
FINANCE COMMITTEE
April 11, 1991
MISCELLANEOUS RESOLUTION NO. #91070
BY: PUBLIC SERVICES COMMITTEE - RUTH JOHNSON, CHAIRPERSON
IN RE: CIRCUIT COURT - FEE SCHEDULE FOR COURT-APPOINTED COUNSEL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan and United States Constitutions, the Michigan
Court Rules, and statutes require that counsel be appointed at public
expense for persons who are charged with felonies and not able to pay for
their own lawyers; and
WHEREAS these court-appointed attorneys provide essential services
to the Circuit Court and Oakland County; and
WHEREAS the current system for appointing private counsel is
cost-effective for the County; and
WHEREAS fees paid to court-appointed attorneys representing
indigent defendants have not been increased since 1980; and
WHEREAS the current fee structure for paying counsel is outdated
and in drastic need of revision; and
WHEREAS at the request of the Oakland County Bar Association, the
Circuit Court has studied this issue with representatives of the County
Executive's staff to devise a new fee structure to accurately reflect today's
costs and bring the fee schedule into line with reality; and
WHEREAS the results of that study have indicated a need to develop
a new payment schedule and fee structure as set forth in this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the proposed revision to the Circuit Court's
schedule for paying court-appointed attorneys on criminal cases to
effectuate an immediate 25 96 increase for the remainder of 1991, comprised as
follows:
(a) 10% from a combination of the current appropriation and the
savings realized from the Circuit Court's strict policy (adopted
in July, 1990) on paying extraordinary fees.
(b) Another 10% or $200,000 from the County's 1990 surplus.
(c) 5% from the increase realized from the Court's aggressive
efforts to increase revenues.
BE IT FURTHER RESOLVED that the Circuit Court fee schedule be
increased by another 10% in 1992 and 1993, respectively, with compounded
increases over the 1991 revised schedule for both years.
BE IT FURTHER RESOLVED that beginning in January 1994 and
henceforth, the Circuit Court's fee schedule for paying court-appointed
counsel be increased annually at the same rate and at the same time that
County employees receive a general salary increase.
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
April 25, 1991
FISCAL NOTE (Misc. 91070)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CIRCUIT COURT - FEE SCHEDULE FOR COURT-APPOINTED COUNSEL,
MISCELLANEOUS RESOLUTION #91070
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #91070 and finds:
1. Michigan and United States Constitutions, Michigan Court
Rules and statutes require that counsel be appointed at
public expense for indigent persons who are charged with
felonies.
2. The current fee structure for paying court-appointed
attorneys on felony cases has not been increased since
1980.
3. The Circuit Court has requested a new fee schedule which
incorporates an immediate 25% increase in 1991.
4. The annual cost for 1991 is $500,000. The cost for the
balance of 1991, with a May 1, 1991 effective date, is
$333,000.
5. Funding for the increase will be as follows:
a. $67,000 from increased revenue.
b. $200,000 from the current Circuit Court's
appropriation which will realize a favorability due
to a policy change in extraordinary fee payment.
c. $66,000 from Contingency.
6. The Circuit Court budget be amended as follows:
Revenue
3 -10100 -311 -01-00-2478 Refunds-Defense Att'y Fees $ 67,000
Expenditures
4 -10100-311-05-00-3050 Defense Att'y Fees $ 133,000
4 -10100 -909 -01 -00-9909 1991 Contingency $( 66,000)
-0-
FINANCE COMMITTEE
Resolution # 91070 April 25, 1991
Moved by Johnson supported by Bishop the resolution be adopted.
Moved by Caddell supported by Schmid the resolution be amended to
be consistent with the Finance Committee report. Also, the resolution be
further amended in the NOW THEREFORE BE IT RESOLVED paragraph by placing a
period (.) after "25% increase" and deleting all further language in the
resolution. (this eliminates the 2nd page of the resolution including (a),
(b) (c) and the two BE IT FURTHER RESOLVED paragraphs.)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Serra, Aaron, Bishop, Caddell, Gosling, Huntoon, Jensen, Johnson,
'Krause, Law, McConnell, McCullOch, McPherson, Moffitt, Olsen, Palmer, Pappageorge,
Price, Rewold, Schmid. (20)
NAYS: Pernick, Skarritt, Wolf, Crake. (4)
ABSTAIN: Millard. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
•
. STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on April 25, 19q1
with the on record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set MY hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 25th day of—) April 1991.
A, _
Lynn. Allen, County Clerk