Approved 10/13/05

JUDICIARY

Special Meeting

September 27, 2005

Minutes

Members Present:         Dianne Holman, Tina Weatherwax-Grant, Deb Nolan, Randy Schafer, Steve Dougan and Board Chairperson Mark Grebner

Members Absent:         Chris Swope

Others Present:             John Neilsen, Jerry Ambrose, Harry Moxley, David Easterday, Judge Lawless, Don Bishop, Don Reisig and Dale Copedge

The Special meeting was called to order by Chairperson Holman at 8:30 p.m. in the First Floor Conference Room of the Ingham County Courthouse, 341 S. Jefferson Street, and Mason.

Additions to the Agenda:           None

Limited Public Comment:          None

1.         Friend of the Court – 2006 Budget Update

Mr. Ambrose explained that the Friend of the Court has a 2006 budget issue which developed after the Judiciary Budget Hearing.  He suggested the Committee view this as an unfunded item for the 2006 budget.  This Committee should make a recommendation to forward to the Finance Committee.

He explained the County could do nothing.  It could recommend to Finance that it find $240,000 and then increase the Friend of the Court allocation. 

Judge Lawless stated she was present this evening in lieu of Judge Collette.  The Court has received a directive from the State Court Administrator’s Office (SCAO).  She explained the Court has reviewed the SCAO’s directive.  Judge Lawless stated the Friend of the Court budget will take a hit.  The County Attorney is reviewing the information from the SCAO.  Mr. Reisig has identified approximately $100,000 in staffing reductions, and wishes to request an additional $140,000 in General Fund support. 

Absent the additional $140,000, it would be necessary for the Court to propose the elimination of several positions within the Friend of the Court.  Such a loss would result in very harsh cutbacks.  The General Trial and Juvenile Divisions will also be affected by the SCAO’s order. All Court operations will be reviewed to determine any further cost savings.

Comm. Schafer asked what the Court’s argument was regarding the SCAO directive.  Judge Lawless stated the problem could have been an issue for 2005.  The state and federal governments want to keep as much of the bench warrant funds as possible. 

Chairperson Holman asked what would happen if the Court returned to its process used prior to the current bench warrant system.  Mr. Reisig explained that it would create more of a problem than the SCAO’s directive.  He further explained that federal regulations have now been interpreted to require that all of the money collected in a child support enforcement action go first to pay the child support order, and only then can the Court costs be collected.  This is a shift in concepts at the state level. 

Comm. Schafer asked if other Michigan counties are experience this same difficulty.  Mr. Reisig stated the directive is focused primarily on two or three of the more aggressive counties.  However, this order will affect all Friend of the Court offices. 

Comm. Schafer suggested the Controller’s Office speak with the Court to determine a recommendation to make to the Finance Committee.  Mr. Ambrose stated that discussion has already occurred.  From that discussion, the Court has identified approximately $100,000 in reductions.  Comm. Schafer suggested the entire county court system should be reviewed to determine further cost savings.  Mr. Ambrose stated Judge Lawless will conduct that review at a later date.

Comm. Weatherwax-Grant commended the Court for taking on $100,000 of the shortfall.  Mr. Reisig has informed this Committee throughout the year that this is a difficult issue.  Mr. Reisig stated his main concern regards the issue of honoring employee contracts.  Under the $100,000 scenario, there would only be one lost position. 

Chairperson Holman stated the County may have to accept that the Court cannot operate at the same level without the current fee system.  Comm. Dougan asked if the directive will also effect turn-around time regarding parents receiving their child support payments.  Mr. Reisig stated he hopes there will not be any effect under the $100,000 scenario.  Judge Lawless explained the directive would more likely effect collections. 

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO RECOMMEND THE FINANCE COMMITTEE CONSIDER FUNDING THE REMAINING $140,000 SHORTFALL IN THE FRIEND OF THE COURT BUDGET INSTEAD OF ITS PREVIOUS RECOMMENDATION TO RECOMMEND FUNDING FOR A BAILIFF POSITION IN PROBATE COURT ($47,916) AND A DEPUTY CLERK 8 IN CIRCUIT COURT ($18,000.)

Judge Lawless expressed the Court’s appreciation to this Committee for its consideration of this matter.  The Court will continue to minimize the shortfall as much as possible.

Comm. Weatherwax-Grant asked if a Court representative would be present at the Finance Committee Budget Hearing to address this matter.  Judge Lawless stated the Court will look at what the Finance Committee will offer, and then see what the Court can do with that amount.  Comm. Thomas stated if this Committee forwards one z item to Finance, Finance will do what it can to meet the $140,000 shortfall. 

Comm. Schafer stated this Committee should forward the $140,000 request as a top priority.  The Court should also submit a cost breakdown regarding its positions. 

MOTION CARRIED UNANIMOUSLY.  Absent:  Comm. Swope

Comm. Weatherwax-Grant commended the Court for considering this matter and addressing it in a timely manner.

Announcements:           None

Public Comment:          None

The meeting adjourned at 9:03 p.m.

Respectfully submitted,

Debra Neff