HomeMy WebLinkAboutResolutions - 2004.04.22 - 27405April 22, 2004
REPORT (MISC. 104090)
BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON
RE: CIRCUIT COURT — VISITING JUDGE APPROPRIATION AND CREATION OF
COURT CLERK POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed MR #04090 on April 7, 2004 Reports with
the recommendation the Resolution be adopted with the following amendments:
Add to the end of the NOW THEREFORE paragraph: "Continuation of this
appropriation to be reviewed by the Personnel Committee in six months."
Add to the end of the first BE IT FURTHER RESOLVED paragraph: "Continuation of
this position to be reviewed by the Personnel Committee in six months."
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing
report.
PERSONNEL COMMITTEE
Personnel Committee Vote:
Motion carried on a roll call vote:
Jamian, Moss, Patterson, Wilson and Suarez — yes
Rogers, Hatchett and Coleman - no
1
Public Services Committee Vote:
Motion carried on a roll call vote with McMillin voting no.
MISCELLANEOUS RESOLUTION #04090 April 1, 2004
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT - VISITING JUDGE APPROPRIATION AND CREATION OF COURT
CLERK POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office, in its August 2003 report of judicial
resources in the Michigan trial courts, determined that there is a net judicial need of nearly three
judgeships in the Oakland County Circuit and Probate Courts; and
WHEREAS the Circuit Court has initiated several procedural and operational changes to
make greater use of alternative sentencing practices (when appropriate) and expedite the
processing of criminal cases, so as to control the population at the jail and avert jail overcrowding
emergencies which nearly occurred twice in 2003; and
WHEREAS the Circuit judges will continue to consider procedural and operational
improvements to assist in managing the jail population; and
WHEREAS the Circuit Court has, and continues to review its practices regarding the
handling of family cases that could result in the residential placement of children at taxpayer
expense; and
WHEREAS the shortage of judicial resources in the Circuit and Probate Courts and the
emphasis on the criminal and family dockets has resulted in an increase in the number of older
cases on the civil docket; and
WHEREAS the Supreme Court has promulgated caseflow management standards that
include time guidelines for case processing; and
WHEREAS for the reasons mentioned above, the Circuit Court is requesting judicial relief
in the form of a visiting judge who will be assigned to the civil docket to ensure that cases are
settled, tried, or otherwise concluded in accord with the time guidelines for civil case processing;
and
WHEREAS one GF/GP funded Court Clerk position is requested to provide staff support
for the visiting judge; and
WHEREAS new recurring annual revenue from an increase in case filing fees is
estimated to more than offset the cost of the visiting judge and Court Clerk position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves an appropriation for the Circuit Court sufficient to pay the salary
expense for one visiting judge.
BE IT FURTHER RESOLVED that the Board of Commissioners approves the creation of
one GF/GP funded Court Clerk position to provide staff support for the visiting judge.
BE IT FURTHER RESOLVED that the Circuit Court is responsible for providing
courtroom space, equipment, supplies, and all other necessary expenses to support the visiting
judge in the exercise of his/her duties on behalf of the Circuit Court.
Chairperson, on behalf of the Public Services Committee, I move adoption of the
foregoing resolution.
PUBLIC STVICES OMMITT
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FISCAL NOTE (M.R. #04090) April 22, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: CIRCUIT COURT - VISITING JUDGE APPROPRIATION AND CREATION OF
COURT CLERK POSITION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The State Court Administrators Office has identified
shortages in judicial resources in the Circuit and Probate
Courts creating case processing time backlog.
2. The Circuit Court requests an increases in the visiting
judge line item and the creation of one GF/GP funded Court
Clerk position, and related operating cost for telephones,
and computers.
3. The creation of this position and the increase in the
visiting judge expenditure line item will enable the courts
to reduce their civil dockets, and try cases within the
time guidelines for civil case processing.
4. The cost of the visiting judge is 220 days per year at
$385/day or $35,835 for FY 2004, and $84,700 for FY 2005.
5. The cost of one (1) Court Clerk position, salary and
fringes is $19,972 for the five months remaining in FY
2004, and $47,208 for Fiscal Year 2005.
6. The funding source for the visiting judge and the Court
Clerk position and associated operating cost will be
General Fund Non-Departmental Contingency.
7. The following budget amendment is recommended to the FY
2004 and FY 2005 budget:
Circuit Court
General Fund (101)
Expenditures
2-35-230000-21200-2001 Salaries
2-35-230000-21200-2074 Fringes
2-35-230000-21200-3800 Visiting Judge
2-35-230000-21200-6675 Telephones
2-35-230000-21200-6636 Info Tech Oper.
2-90-290000-25000-2564 Contingency
Total Expenditures
FY 2004 FY 2005
$ 13,360 $ 31,577
6,613 15,631
35,834 84,700
508 1,200
1,949 4,608
(58,264) (137,716)
$
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried on a roll call vote with Bullard, Jamian, Knollenberg
and Zack absent.
Resolution #04090 April 1, 2004
The Chairperson referred the resolution to the Personnel Committee and Finance Committee. There
were no objections.
I HEW MOVE THE FOREGOINGATI!
#714 200y
Resolution #04090 April 22, 2004
Moved by Crawford supported by Coleman the resolution be adopted.
Moved by Crawford supported by Coleman the Personnel Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Crawford supported by Webster the resolution be amended to coincide with the
recommendation in the Personnel Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster,
Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian,
Knollenberg, KowaII, Long. (23)
NAYS: McMillin. (1)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 22, 2004
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seat of the,eounty of Oakland at
Pontiac, Michigan this 22nd day of April, 2004.
G. William Caddell, County Clerk