Loading...
HomeMy WebLinkAboutResolutions - 2007.10.04 - 9339MISCELLANEOUS RESOLUTION #07229 October 4, 2007 BY: General Government Committee, Christine A. Long, Chairperson IN RE: FIFTY-SECOND DISTRICT COURT — APPROVAL OF MAGISTRATE KAREN TRUSZKOWSKI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty-Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Karen Tmszkowski to serve as a magistrate for the Fifty-Second District Court; and WHEREAS MCL 600.8501(1) provides that magistrate appointments are to be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment of Karen Truszkowski to act as a magistrate for the Fifty-Second District Court, Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE e\rv,LcJ_ 0-(v GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried on a roll call vote with Gingell, Hatchett and Jacobsen absent, fiX NU, P. 04 OnF -II -GUUI HUN UL.40 ro 52" DISTRICT COURT ADMINISTRATIVE ORDER 2007-02 APPOINTMENT OF ATTORNEY MAGISTRATE IT IS ORDERED: This administrative order is issued in accordance with MCL 600.8501; MSA 27A.8501 and MCL 600.8503; MSA 27A,8503. The purpose of this order is to appoint an attorney magistrate to perform specified duties upon approval by the State Court Administrative Office. 1. The judges of the 52" District Court hereby appoint Karen Truszkowski as magistrate of the 52" District Court with the approval of the Oakland County Board of' Commissioners. 2. Karen Truszkowski is registered as an elector in Oakland County. She will serve at the pleasure of the judges of the 52" District Court, She will take the constitutional oath of office. She will file a performance bond in the amount of $50,000.00 with the Oakland County Treasurer and the Chief Judge of the 52" District Court. She will complete a training course in traffic law adjudication and sanctions given by the State Court Administrative Office. She is licensed to practice law in the State of Michigan. 3. Pursuant to MCL 600.8511 and upon authorization of the Chief Judge or Prcsiding Judge of each division of the 52" District Court (pursuant to each division's internal policies and procedures) Karen Truszkowski is authorized to perform the following duties: a. To arraign and sentence upon pleas of guilty or nob o contendere for ,violations of the following acts or parts of acts, or a local ordinance substantially corresponding to these acts or parts of acts, when authorized by the Chief Judge or designated Presiding Judge, and if the maximum permissible punishment does not exceed 90 days in jail or a fine, or both: 1) SPORT FISHING SECTION OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, Act No. 451 of the Public Acts of 1994, being sections 324.48701 to 324.48740 of the Michigan Compiled Laws; 2) WILDLIFE CONSERVATION SECTION OF THE NATURAL RESOURCES AND ENFIRONMENTAL PROTECTION ACT, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 2.24.40199 of the Michigan Compiled Laws; MA NU. P. 05 OL.1 11 LUVI hUll UG ,LK) FH 3) MARINE SAFETY SECTION OF THE NATURAL RESOURCES AND ENFIRONMENTAL PROTECTION ACT, Act. No. 451 of the Public Acts of 1994, being sections 324.80101 to 324.80199, except for violations of section 80176(1) and (3) of the Michigan Compiled Laws; 4) THE MOTOR CARRIER ACT, Act No. 254 of the Public Acts of 1933, being sections 475.1 to 479.43 of the Michigan Compiled Laws; 5) THE MOTOR CARRIER SAFETY ACT, of 1963, Act. No. 181 of the Public Acts of 1963, as amended, being sections 480.11 to 480.22 of the Michigan Compiled Laws; 6) DOG LAW of 1919, Act No. 339 of the Public Acts of 1919, as amended, being sections 287.261 to 287.290 of the Michigan Compiled Laws; 7) MICHIGAN LIQUOR CONTROL CODE of the Public Acts' of 1998, as amended, being sections 436.1703 and 436.1915. Possession of an alcoholic beverage by a person under 21 years of age. Consumption of an alcoholic beverage in public parks or places of amusement not licensed to sell for consumption on the premises; 8) GENERAL POWERS AND DUTIES SECTION OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, Act No. 451 of the Public Acts of 1994, being sections 324.501 to 324.511 of the Michigan Compiled Laws; 9) LITTERING SECTION OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, Act No. 451 of the Public Acts of 1994, being sections 324.8901 to 324.8907 of the Michigan Compiled Laws; 10) HUNTING AND FISHING LICENSES SECTION OF THE NATURAL RESOURCES AND ENFIRONMENTAL PROTECTION ACT, Act No. 451 of the Public Acts of 1994, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws; 11) RECREATIONAL TRESPASS ACT, Act. No, 451 of the P Olio Acts of 1994, being sections 324.73101 to 324.73111 of the Michigan Compiled Laws; 12) Chapter LXXXV of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, being sections 750.546 to 750.552b of the Michigan Compiled Laws. Includes prohibitions on illegal dumping of garbage or trash. 2 t'f-IA NU. P. 06 0111 -11 -GUUf HUN UL.4U ru b. To arraign and sentence upon pleas of guilty or nob o contendere for violations of the MICHIGAN VEHICLE CODE, Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws or a local ordinance substantially corresponding to a provision of the Michigan Vehicle Code except for violations of MCL 257.625 and 257.625m or a local ordinance substantially corresponding to a provision of MCL 257.625 and 2$7.625m when authorized by the chief judge of the district court and if maximum permissible punishment does not exceed 93 days in jail or a fine, or both. However, the magistrate may have the jurisdiction to arraign defendants and set bond with regard to violations of MCL 257.625 and 257.625m or a local ordinance substantially corresponding to MCL 257.625 and 257.625m. c. To arraign and sentence upon pleas of guilty or nolo contendere for violations of the following acts or a local ordinance substantially corresponding to a provision of the following acts except for violations of MCL 324.81134, 324.8 1135, 324.82128 and 324.82129 or a local ordinance substantially corresponding to MCL 324,81134, 324.81135, 324.82128 and 324.821289 when authorized by the chief judge of the district court and if the maximum permissible punishment does not exceed 93 days in jail OT a fine, or both. However, the magistrate may have the jurisdiction to arraign defendants and set bond with regard to violations of MCL 324.81134, 324.81135, 324.82128 and 324.82129: 1) SNOWMOBILES SECTION OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, Act No., 451 of the Public Acts of 1994, being sections 324.82101 to 324.82160 of the Michigan Compiled Laws; and OFF-ROAD RECREATION VEHICLES SECTION OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, Act No. 451 of 1994, being sections 324.81101 to 324.81150 of the Michigan Compiled Laws. (OFF ROAD RECREATIONAL VEHICLES). d, To accept a plea of guilty or nolo contendere and impose sentence thr a misdemeanor or ordinance violation punishable by a fine and which is not punishable by imprisonment by the terms of the statute or ordinance creating the offense. c. To administer oaths and affirmations and take acknowledgment in writing. f. Issue misdemeanor and felony warrants for the arrest of a person upon the written authorization of the prosecuting or municipal attorney and set pre-iuraignment bond, except written authorization shall not be required for a vehicle law or ordinance violation within the jurisdiction of the magistrate if a police officer issued a traffic citation pursuant to section 728 or the Michigan Vehicle Code, Act No. 300 of the Public Acts of 1949, as amended, being section 257.728 of the Michigan Compiled Laws, and the defendant failed to appear. 3 no...* S I I 1,./11 VI— • I II NIA rtu, P. 07 g. j, Fix bail and accept bond in all criminal cases. Ii. Hear and preside over civil infraction admissions and admissions with explanation and conduct informal hearings in civil infraction actions, including imposition of civil sanctions. Informal hearings involving a traffic OT parlcing violation shall not be conducted until the magistrate has completed a special training course in traffic law adjudication and sanctions provided by the State Court Admimstrative Office. Heat- and preside over municipal civil infraction admissions and admissions with explanation and conduct informal hearings in municipal civil infraction actions, including imposition of civil sanctions allowed by statute, under the authority of MCL 600.8512 and MCL 600.8719, and other applicable sections of this Act. Hear and preside over state civil infraction admissions and admissions with explanation and conduct informal hearings in state civil infraction actions, including imposition of all sanctions allowed by statute, under the authority of MCL 600.8512, MCL 600.8819, and other applicable sections of the Act. k. Conduct the first appearance of a defendant before the Court in all criminal and ordinance violation cases. Upon approval of the district judges, this may include acceptance of any written demand or waiver of preliminary examination and acceptance of any written demand or waiver of jury trial, except that shethe may not accept a plea of guilty or nob o contendere not expressly authorized, pursuant to MCL 600.8511 or 600.8512a, 1. Upon approval of the district judges, the magistrate may approve arid grant petitions for the appointment of an attorney to represent an indigent defendant accused of any misdemeanor offense punishabla by imprisonment for not more than one year or ordinance violation punishable by imprisonment. m. Suspend payment of Court fees by an indigent party of any civil, small claims, or summary proceedings action, until after judgment has been enterad. n. Upon written authorization of the prosecuting or city attorney, sign a nol le prosequi, dismissing any criminal or ordinance violation case over which the District has jurisdiction and release any bail bond or bail bond deposit to the person entitled thereto. However, if the preliminary examination or trial has commenced or a plea of guilty or nob o contendere has been accepted by a District Court Judge, the dismissal order may be entered only by that Judge or his or her alternate. o. To issue search warrants under general authorization. 4 YU I 11 Effective Date: William E. 131511E Chief Judge r'HA 1lU, P. 08 P. • Issue search warrants pursuant to MCL 600,8511(d) for the purpose of procuring blood samples in cases where there is probable cause to believe that the crime of Operating Under the Influence of Liquor, Operation Under the Influence of Controlled Substance, and/or Unlawful Blood Alcohol Content has occurred. q. Execute and issue process to carry into effect authority expressly granted • by law to District Court Magistrates. r. Perform marriages and charge a fee of $10.00 which shall be deposited in the treasury at the end of each month (MCLA 600.8316). s. Issue a summons and other orders, conduct a hearing and make necessary orders regarding an animal alleged to be dangerous and to have caused serious injury or death to a person or dog to appear and show cause why the animal should not be destroyed, (MCL 287.322) t. 1-tear cases in the Small Claims Division of the District Court (MCI_ 600.8401, MCL 600.8427, MCL 600.8514, MCR 4.301). 5 Resolution #07229 October 4, 2007 Moved by Long supported by Burns the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. APPROVE THE FOREGONG RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 October 4, 2007, with the original 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 4th day of October, 2007.