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HomeMy WebLinkAboutResolutions - 2017.10.11 - 23148MISCELLANEOUS RESOLUTION #17290 October 11, 2017 BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee IN RE: CIRCUIT COURT — APPROVE CREATION OF ONE (1) ADDITIONAL CIRCUIT COURT JUDGESHIP EFFECTIVE JANUARY 1,2019 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court is requesting a new judgeship to assist in addressing workload requirements in the Family Division of the Circuit Court; and WHEREAS the Michigan Legislature has authorized the addition of one (1) circuit court judgeship for the Sixth Judicial Circuit Court effective January 1, 2019, pursuant to MCL 600.507(3); and WHEREAS the State Court Administrative Office has created a quantitative method — known as the weighted caseload formula — to estimate the number of judges needed in each of Michigan's trial courts; and WHEREAS application of the State Court Administrative Office's weighted caseload formula yields an estimated judicial need in the Sixth Judicial Circuit Court's Family Division of 7.07 judges; and WHEREAS six of the Circuit Court's judgeships are assigned to the Family Division, resulting in an estimated judicial shortfall of 1.07 judges in the Family Division; and WHEREAS the estimated judicial shortfall in the Family Division does not take into account several recent statutory changes and Michigan Supreme Court rulings that require new judicial findings and court hearings, all of which have created additional judicial workload; and WHEREAS in addition to approval by the Legislature, the creation of a new judgeship requires approval by resolution adopted by the county board of commissioners pursuant to MCL 600.550(1); and WHEREAS the annual salary for judges is paid by the State of Michigan as Oakland County is reimbursed by the State for the local supplement salary paid by the County; and WHEREAS the Circuit Court has committed to make structural budget reductions equal to the annual cost of support personnel and operating expenses for the new judgeship; and WHEREAS requests for support personnel and operating expenses for the new judgeship will be included as part of the FY 2019-2021 Triennial budget process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) new judgeship in the Sixth Judicial Circuit Court to be filled by election in 2018 for a judicial term of office beginning on January 1,2019. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to provide and maintain facilities, personnel and operating costs to support the new judgeship in accordance with the statutes of the State of Michigan and the Michigan Constitution. BE IT FURTHER RESOLVED that the Circuit Court will make structural budget reductions in an amount equal to the cost of the support personnel for the new judgeship as part of the FY 2019 budget process. BE IT FURTHER RESOLVED that a copy of this resolution shall be filed with the State Court Administrator pursuant to MCL 600,550. Chairperson, on behalf of the Public Services Committee, I move the adoption/Of ti3e foregoing resolution. Commissioner Birklawytr, District #14 Chairperson, Public Services Committee PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with McGillivray voting no and Berman and Jackson absent. Resolution #17290 October 11, 2017 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee, There were no objections.