ADOPTED - MARCH 10, 1998

Agenda Item No. 18

Introduced by the Law & Courts and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION AUTHORIZING THE PROSECUTING ATTORNEY TO CHARGE

MUNICIPALITIES FOR LITIGATING DRUG FORFEITURE CASES

RESOLUTION #98-59

WHEREAS, the Ingham County Prosecuting Attorney litigates drug forfeiture cases for various Ingham County municipalities including cases which do not arise out of the Tri-County METRO Narcotics Squad operations; and

WHEREAS, the processing of said non Tri-County METRO Narcotics Squad operations drug forfeiture cases requires the Ingham County Prosecuting Attorney to review said investigative reports; file civil pleadings in circuit court; and try cases, if necessary, because forfeiture cases are handled as civil cases requiring the paying of filing fees; and

WHEREAS, the Ingham County Prosecuting Attorney's office requests authorization to charge the fees for services rendered in the litigation of drug forfeiture cases within Ingham County contingent on successful forfeiture; and

WHEREAS, the Ingham County Prosecuting Attorney's office would have said funds deposited in their bond revenue account for use in fighting drug usage; and

WHEREAS, the Ingham County Prosecuting Attorney's office sent notice to all police agencies that the fees would be implemented for cases pending effective July 1, 1997.

THEREFORE BE IT RESOLVED, that the Ingham County Prosecuting Attorney is hereby authorized to charge municipalities the following fees for pending civil legal services of non Tri-County METRO Narcotics Squad operations drug forfeiture cases effective July 1, 1997, contingent on successful forfeiture actions:

Administrative Denials $25.00

Judicial Forfeitures: $50.00/per hour

(cases in which a forfeiture complaint must be filed in circuit court on behalf of the seizing agency)

ADOPTED - MARCH 10, 1998

Agenda Item No. 18

RESOLUTION #98-59

The above hourly fee does not include costs advanced, such as court filing fees, mediation fees, motions fees, judgment fees, deposition fees, transcription fees, expert witness fees, title searches or other extraordinary costs. The Ingham County Prosecutor's Office will deduct attorney fees and costs from the cash bond posted by the claimant. If the attorney fees and costs exceed the posted cash bond, the remaining attorney fees and costs will be deducted from the forfeiture proceeds recovered, or if there is an adverse judgment rendered by the circuit court, the seizing agency will be billed for all costs and fees remaining

LAW & COURTS: Yeas: Bernero, Stid, Smiley, Pratt, Hunting, Goulet, Schafer

Nays: None Absent: None Approved 2/26/98

FINANCE: Yeas: Goulet, Keefe, Bernero, Grebner, Czarnecki

Nays: None Absent: McDonald, Schafer Approved 3/4/98