HomeMy WebLinkAboutResolutions - 2008.12.11 - 9437MISCELLANEOUS RESOLUTION #08 ,2g1 December 11, 2008
BY: General Government Committee. Christine Long, Chairperson
IN RE: FIFTY-SECOND DISTRICT COURT — APPROVAL OF MAGISTRATE MARK SADECKI
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 Dstrict Court have appointed Mark Sadecki to serve as a
magistrate for the Fifty-Second District Court; and
L1 dULJILJ WHEREAS MCL 600.8501(1) provides th
Commissioners.
HUIStr CILC ciULK] ved by the County Board of
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the appointment of Mark Sadecki to act as a magistrate for the Fifty-Second District Coal
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
C
GENERAL GOVERNMENT commirrEE VOTE:
Motion carried unanimously on a roll call vote with Kowall and Gregory absent,
MARK W. SADECKI, ESQ.
650 Broadway
'Davisburg, Michigan 48350
248.328.1300
PERSONAL DATA:
Birth Date:
B irthplace:
Residence:
Family Status:
EXPERIENCE:
1997— Present
EDUCATION:
10/97 — Present
8/94 — 5/97
6/91 — 12/92
8/88/— 5/91
AFTLILIATIONS:
September 8, 1963
Detroit, Michigan
230 Indian Trail, Lake Orion, Michigan
Married to Michele Sadecki, Cosmetologist
Son Michael V. Sadecki (5); Matthew E. Sadecki (3)
SADECKT & ASSOCIATES, PLLC — Davisburg, Michigan
Managing Member. Practice focuses on construction litigation, collections,
commercial litigation; representing various construction clients, including
commercial, industrial and residential owners; General Contractors, sub-
contractors, suppliers, creditors and numerous clients requiring individual legal
defense for crimes such as felony embezzlement; felony alcohol and drug
charges; alcoha related driving offenses; assault and battery; domestic violence.
Court Appointed and Volunteer Mediator/Facilitator; Expert Witness (Attorney)
on the reasonableness of costs and attorneys fees in Northern Oakland County.
MICHIGAN INSTITUTE OF CONTINUING LEGAL EDUCATION
Courses including, Mediation/Facilitation extensive curriculum (certified);
Drunk Driving Defense; Trial Advocacy Workshop; An of Cross-Examination,
Expert/Lay Witness Testimony; Family Law Seminars; Criminal Expert Witness
Examinations, etc.
UNIVERSITY OF DETROIT SCHOOL OF LAW— Detroit, Michigan
Jurist Doctor (J.D.) May 1997. First student to secure acquittal in mock federal
criminal trial in history of Trial Practice and Procedure curriculum.
WAYNE STATE SCHOOL OF MEDICINE — Detroit, Michigan
Graduate Research Assistant -
OAKLAND UNIVERSITY — Rochester Hills, Michigan
Bachelors of Arts (B.A.) Clinical Psychology — May, 1991
State Bar of Michigan, Real Property Association; Member of United States
District Court/Eastern District of Michigan; United States Bankruptcy Court
South Eastern District; former member of Michigan State Appellate Defender's
Office (1997-1998). Member of Saint Joseph Catholic Church.
COMMUNITY SERVICE:
Fanner Member of Clarkston Chamber of Commerce; Former Member; Young
Lawyers Association; Professional Association of Diving Instructors, Member.
52 District Court
Local Administrative Order 2008 —
APP_OENTMENT. OF ATTORNEY MAGISTRATE
In accordance with MCL 600.8501 and 600.8503, and upon apprOval of the State Court
Administrative Office (SCAO),
IT IS ORDERED:
1. The Judges of the 52nd District Courts appoint: Mark Sadecki as attorney
magistrate with the approval of the Oakland County Board of Commissioners.
.2. Magistrate: Mark Sadecki
a, Is a registered elector in the Oakland County
b. Will serve at the pleasure of the judges of the 52 nd District Court,
c. Has taken the constitutional oath of office. .
d. Has filed a performance bond in the amount of $50,000 with the
Oakland Comity Treasurer and Chief Judge of the 52 Dd District Court,
c.
Has completed a training course in traffic law adjudication and
sanctions given by SC.',A0,
f. Is licensed to practice law in Michigan.
3. Magistrate: Mark Sadecki is authorized to perform the following duties:
a. Arraign and sentence upon pleas of guilty or nob o contendere for violations of
the following acts or parts of acts, or local ordinances substantially
corresponding to the following acts or parts of acts, if the maximum
permissible punishment does not exceed 90 days in jail, a fine, or both: [MCL
600.8511(a)]
1) SPORT FISIING, part 487 of the natural resources and
environmental protection act, MCL 324.48701 to 324.48740;
2) WILDLIFE CONSERVATION, part 401. of the natural resources and
environmental protection act, MCL 324,40101 to 324.40119;
3) MARINE SAFETY. part 801 of the natural resources and
environmental protection act, MCL 324.80101 to 324.80199;
4) MOTOR CARRIER ACT, MCL 475.1 to 479.43;
5) MOTOR CARRIER SAFETY ACT, MCI, 480.11 to 480.22;
fr- 6) DOG LAW OF 1919, MCL 287.261 to 287,290;
7) MICHIGAN LIQUOR CONTROL CODE, MCL 436.1703 and
436.1915;
8) GENERAL POWERS AND DUTIES, part 5 of the natural resources
and environmental protection act, MCL 324.501 to 324.511;
9) LITTERING, part 89 of the natural resources and environmental
protection act. Ma 324.8901 to 324./3907;
10) HUNTING AND FIRING LICENSES, part 435 of the natural
resources and environmental protection act, ivICL 324.43501 to
324.43561;
11) RECREATIONAL TRESPASS, part 731 of the natural resources and
environmental protection act, MCL 324.73101 to 324.73111; and
12) TRESPASS, MCL 750.546 to 750.552b.
b. - -Arraign arid sentence upon pleas of guilty or nolo contendere for violations of
the Michigan vehicle code. MCL 257,1 to 257.923, or local ordinances
substantially corresponding to provisions of the Michigan vehicle code, if the
maximum permissible punishment does not exceed 93 days in jail, a fine, or
both, except for violations of MCL 257.625 and 257.625m or local
ordinances substantially corresponding to these provisions. However, the
magistrate is authorized to arraign defendants and set bond with regard to
violations of MCL 257.625 and 257.625ni or local ordinances substantially
corresponding to these provisions. [IvICL 600.8511(b)]
C. Arraign and sentence upon pleas of guilty or nolo contendere for violations of the
following acts, if the maximum permissible punishment does not exceed 93 days
in jail, a fine, or both: [MCL 600.8511(c)]
OFF-ROAD RECREATION VEHICLES, part 811 of the natural
resources and environmental protection act, MCL 324.81101 to
324.81150 or local ordinances substantially corresponding to these
provisions, except for violations of IvICL 324.81134 and 324.81135.
However, the magistrate is authorized to arraign defendants and set
bond with regard to violations of MCL 324.81134 and 324.81135;
and
2) SNOWMOBILE, part 821 of the natural resources and environmental
protection act, MCL 324.82101 to 324.82160 or local ordinances
substantially corresponding to these provisions, except for violations
of MCL 324.82128 and 324.82129. However, the magistrate is
authorized to arraign defendants and set bond with regard to
violations of MCL 324.82128 and 324.82129.
g.
d. Accept pleas of guilty or nob o contendere and impose sentence for
misdemeanor or ordinance violations punishable by fines and that are not
punishable by imprisonment by the terms of the stattites or ordinances
creating the offenses. [MCL 600.8512a(b)]
e. Issue search warrants wider general authorization. [MCL 600.8511(g)]
f. . Issue warrants for the arrest of persons upon written authorization of the
prosecuting or municipal attorney and set pre-arraignment bonds. Written
authorization is not required for vehicle law or ordinance violations within
the jurisdiction of the magistrate, if a police officer issued a traffic citation in
accordance with MCL 257328 and the defendant failed to appear. [MCL
600.8511(e)]
Fix bail and accept bond in all criminal cases. [MCL 600.8511(f)] Set bond
and order the defendant to appear before the circuit court in the county for a
hearing when the person has been arrested for violation of a personal
protection order and the circuit court judge will not be present or available
within 24 hours after an arrest. [MCL 764.15b(3)]
h. Conduct first appearances of defendants before the court in all criminal and
ordinance violation cases, including acceptance of any written demand or
waiver of preliminary examination and acceptance of any written demand or
waiver of jury trial. However, the magistrate may only accept pleas of guilty
or nob o contendere expressly authorized under MCL 600.8511 or MCL
600,8512a. [MCL 600.8513(1)]
Conduct arraignments for a contempt of court violation or a probation
violation, if the violation arises directly out of a criminal case for which the
magistrate has authority to conduct the first appearance and involves the
same defendant, and if the maximum permissible penalty for the offense does
not exceed one year in jail, a fine, or both. The magistrate may accept a plea
and set bond,.but may not conduct a contempt or probation violation hearing
or sentencing. [MCL 600.8511(d)]
Hear and preside over civil infraction admissions and admissions with
explanation, and conduct informal hearings in civil infraction actions, and
-.impose all sanctions allowed by statute, under the authority of MCL
600.8512a(a), MCL 600.8512 (traffic and parking civil infractions), 600.8719
(municipal civil infractions), MCL 600.8819 (state civil infractions), and
other applicable sections of these acts. Informal hearings involving traffic or
parking Violations shall not be conducted until the magistrate has successfully
completed the SCAO training course in traffic law adjudication and
sanctions.
k. Approve and grant petitions for the appointment of worneys to represent
. indigent defendants accused of misdemeanor offenses punishable by
P.
q.
Chief Judge Sinattie:I.
William E.13cTile
imprisonment for not more than one year or ordinance violations punishable
by imprisonment. L-MCL 600.8513(2)(a)]
Suspend payment of court fees by indigent parties in civil, small claims, or
summary proceedings actions, until after judgment has been entered. LIVICL
600.8513(2)(b)]
m. Upon written authorization of the prosecuting Or city attorney, sign nolle
prosequis, dismissing any criminal OT ordinance violation cases over which
the district court has jurisdiction and release any bail bonds or bail bond
deposits to the persons entitled to them, unless the preliminary examination
.
or trial has commenced or a plea of guilty or nob o contendere has been
accepted by a district court judge. [MCL 600.8513(2)(c)] •
n. Execute and issue process to carry into effect authority expressly granted by
law to district court magistrates. [MCL 600.8513(2)(d)]
o. Administer oaths and affirmations and take acknowledgments in writing.
[MCL 600.8317]
Perform marriages and charge a fee of S10 which shall be deposited with the
court for transmission to the funding unit at the end of each month. [MCL
600.83161
Issue summonses to appear and show cause why the animal should not be
destroyed, issue other ptelinainary orders, conduct hearings, and make
necessary dispositive orders, regarding animals alleged to be dangerous and
to have caused serious injury or death to a person or a dog. [MCL 287.322]
r. Hear cases in the small claims division of the disrict court. [MCL 600.8401,
MCL 600.8427, IvICL 600.8514]
Effective Date:
ii 11 T Date: ,
Resolution #08281 December 11, 2008
Moved by Long supported by Gingen the resolution be adopted.
AYES: Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, KowaII, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard,
Burns. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
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 December
11, 2008, 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 11th day of December, 2008.
Gae
Ruth Johnson, County Clerk