HomeMy WebLinkAboutResolutions - 1993.03.31 - 21799•-••
MISCELLANEOUS RESOLUTION 930F1
BY: Eugene Kaczmar, Commissioner, District #24
IN RE: Courts - State Financing of Courts Class Action Lawsuit
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the firm of Clary, Nantz, Wood, Hoff ius, Rankin &
Cooper has filed a class action lawsuit on behalf of all units of
local government currently required to fund Circuit, Probate and
District Courts; and
WHEREAS this lawsuit was filed to force the State of Michigan
to: (I) Reimburse 80% of court expenses for 1986 and 1987, and
100% thereafter, as required by P.A. 438 of 1980; (II) Require the
State of Michigan to finance all court expenses as required by the
constitutional reference to the one State Court of Justice; (III)
Force the State to adopt or promulgate an enforceable system for
the annual auditing and accounting of judicial expenditures, at
State expense; and
WHEREAS the Court of Claims certified the class action and,
each identified unit of government in the class had the opportunity
to request exclusion there from; and
WHEREAS Oakland County, on MR 89182, dated July 20, 1989,
exercised their "Request for Exclusion"; and
WHEREAS Judge Giddings of the Court of Claims has ruled in
favor of the plaintiff class in regard to Count I, which involves
reimbursement for court expenses, and has ruled for the defendants
on Counts II and III; and
WHEREAS both parties intend to appeal this decision to a
higher court; and
WHEREAS the Class Steering Committee, through their present
attorneys, Law, Weathers and Richardson, have filed a claim on
behalf of the non-participating communities to protect their
interests, effective with 1991 expenditures; and
WHEREAS the committee is offering these non-participating
units of government an opportunity to join in this second effort to
present, pursue and preserve their damage entitlements; and
WHEREAS the successful outcome of this lawsuit could result in
financial relief favorable to Oakland County despite the threat of
revision to the formula for distribution of funds under Article IX
Section 30 of the constitution; and
WHEREAS the courts, in answer to previous litigation, have
exempted court employees from local government control and have
removed all courts from any obligation to comply with the uniform
budget and accounting laws and the courts have generally ruled in
their own favor in other "superintending control" challenges thus
nullifying any semblance of local control; and
WHEREAS a mandate for -state funding of all courts would
permanently resolve the District Court financing inequities in
Oakland County. •
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NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners wishes that Oakland County become a participant in
the second legal effort and authorizes the chairperson of the Board
to so notify the Class Steering Committee through their attorneys,
Law, Weather and Richardson.
I move the adoption of the foregoing resolution.
EUGENE KACZMAR
#93061 April I, 1993
The Chairperson referred the resolution to the Public Services Committee.
There were no objections..