HomeMy WebLinkAboutResolutions - 2004.02.05 - 27484REPORT (141SC. #04023)
BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON
RE: CIRCUIT COURT/FAMILY DIVISION — PROBATE COURT — ATTORNEY
APPPOINTMENT PROGRAM AND PERSONNEL RELATED ITEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed MR #04023 on January 28, 2004 Reports
with the recommendation the Resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing
report.
PERSONNEL COMMITTEE
Personnel Committee Vote:
Motion carried on unanimous roll call vote with Middleton absent
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MISCELLANEOUS RESOLUTION #04023 January 22, 2004
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION - PROBATE COURT - ATTORNEY
APPOINTMENT PROGRAM AND PERSONNEL RELATED ITEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon order of the Michigan Supreme Court, Michigan Court
Rule 8.123 requires each trial court (Circuit, Probate, and Municipal
courts) to adopt a local administrative order that describes the
court's procedures for selection, appointment, and compensation of
counsel who represent indigent parties; and
WHEREAS the State Court Administrative Office has required that a
trial court's local administrative order must:
1) Contain a Plan for Appointment: selecting, appointing and
compensating counsel who represent indigent parties;
2) Be Approved by SCAO; and
WHEREAS, Michigan Court Rule 8.123 requires an annual compilation
of a written or electronic report of appointments and expenditures of
public funds for attorney fees; and
WHEREAS, Michigan Court Rule 8.123 requires the availability of
trial court records for inspection by the public; and
WHEREAS the General Jurisdiction (Civil) Division of Circuit
Court already put in place a "plan" to select, appoint and compensate
counsel as well as meet the requirements regarding keeping and
availability of appointment records; and
WHEREAS in excess of 4,300 attorney appointments are made
annually by the Circuit Court/Family Division and Probate Court; and
WHEREAS several new clerical, data collection, and reporting
functions must be performed by trial courts to comply with the
provisions of Michigan Court Rule 8.123 and the requirements of the
State Court Administrative Office; and
WHEREAS the Sixth Judicial Circuit/Family Division and Oakland
County Probate Courts wishes to provide for the discharge of these new
functions by requesting that one (1) General Fund/General Purpose
Court Appointment Specialist classification and position be created
for this function; and
WHEREAS the Circuit and Probate Courts have identified savings
and funding sources that will cover the cost of the requested
position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of one (1) General Fund /General
Purpose, Overtime non-exempt, salary grade 8, Court Appointment
Specialist classification and position located in Circuit Court/
Family Division/ Judicial Support (35403).
BE IT FURTHER RESOLVED that this position will administer the
selection, appointment and compensation of court appointed indigent
defense counsel as well as keep and make available attorney
appointment information for the Circuit Court/ Family Division and
Probate Court.
Chairperson, on behalf of the Public Services Committee,,I[move
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the adoption of the foregoing resoluti/on.
(>7
VICES COMVITTEE PUBL
Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
FISCAL NOTE (MISC. 104023) February 5, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: CIRCUIT COURT/FAMILY DIVISION - PROBATE COURT - ATTORNEY APPOINTMENT PROGRAM
AND PERSONNEL RELATED ITEM
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 Michigan Supreme Court per Rule #8.123 requires each trial court
(Circuit, Probate, and Municipal) to adopt a local administrative order
that describes the court's procedures for selection, appointment, and
compensation of counsel who represent indigent parties.
2. The State Court Administrative Office has required that a trial court's
local administrative order must contain a plan, approved by SCAO, for
selecting, appointing and compensating counsel who represent indigent
parties.
3. The Circuit Court/Family Division wishes to create one (1) General Fund
/General Purpose, Overtime non-exempt, salary grade 8, Court Appointment
Specialist classification and position to discharge these new functions.
4. Proposed funding for this new position is $24,534 for FY 2004 and
$39,192 for FY 2005, which is available in the Non-Departmental Salary
Adjustment account.
5. In addition the Circuit Court is proposing to increase revenue
collections for Refund Fees PD Defense Attorney by $5,000 for FY 2004
and $12,000 for FY 2005.
6. A budget amendment is recommended for the Circuit Court budget for FY
2004, and FY 2005 as follows:
General Fund (101) FY 2004 FY 2005
Revenues
Dept. 35 Circuit Court:
2-35-130000-23200-0849 Refund Defense Atty. Fees $ 5,000 $12,000
Sub-Total Gen. Fund Budget $ 5,000 $12,000
Expenditures
Dept. 35 Circuit Ct. & Dept. 90 Non-Departmental:
2-35-243000-11000-2001 Salaries $19,755 $34,242
2-35-243000-11000-2074 Fringes 9,779 16,950
2-90-290000-25000-9075 Salary Adjustment ($24,534) ($39,192)
Sub-Total Circuit Court $ 5,000 $12,000
Net General Fund Amendment $0 $0
FINANCE COMMITTEE
C"--er
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #04023 January 22, 2004
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were
no objections.
G. William Caddell, County Clerk
Resolution #04023 February 5, 2004
Moved by Potter supported by Gregory the resolutions on the Consent Agenda be adopted (with accompanying
reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law,
Long, McMillin, Moffitt, Moss, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
"1.n•••
I EBY ARNE THE FOREGOING RESClUTION
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
February 5, 2004 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of tD,e County of Oakland at
Pontiac, Michigan this 5th day of February, 2004.