Michigan Court Costs Are Unconstitutional

So when you’re convicted of a crime, or a traffic ticket, you have to pay a bunch of costs. Did you know that many of those costs go back into the local court’s operating budget? So when that judge orders you to be a good convict and pay your court fees, you’re actually paying the salary of the judge’s court recorder, or paying for the copy machine they use to print your probation order. According to this source, local courts get up to 26% of their operating budget from their own generated revenues (fines, costs and imposed penalties. Not from holding bake sales).

Courts across Michigan generate $418 million per year to fund their own operating expenses. They don’t raise $418 million by finding people innocent.

But wait, there’s news. The 5th Circuit Court of the United States Court of Appeals just ruled that when judges have a personal interest in collecting costs from a defendant, they have a conflict of interest. The court said that they can’t rule in a case where their own court stands to benefit. In the 5th Circuit Court case, the judges personally didn’t benefit, but their staff salaries and operating expenditures came from some of the funds collected in court costs. And the U.S. Court of Appeals said nope.

The history of this is a bit twisted. So stay with me.

In 2014, the Michigan Supreme Court decided the People v. Cunningham case. That case threw half of a wet blanket on court fees. The Michigan Supreme Court said that the court couldn’t impose a cost unless they were authorized by the legislature to impose that cost.

And what do you think the legislature did? They ran out and passed a law that authorized the courts to collect fees. But that law is only in effect until 2020.

So someone challenged that by bringing a new court case, People v. Cameron. The Michigan Court of Appeals upheld the new law as constitutional. The Michigan Supreme Court declined to look at the case.

But in the meantime, someone saw the writing on the wall, because the Michigan Trial Court Funding Commission quietly began working on a new funding scheme that sounds a little more constitutional.

So what the Michigan Supreme Court did was decline to accept the application for leave to appeal, so that $418 million in annual court funding around the state wouldn’t go poof. The Michigan Supreme Court punted in order to give administrators time to figure out how to run the courts and follow the constitution at the same time.

Chief Justice Bridget Mary McCormack more or less admits as much. In her concurring opinion denying leave to appeal, Chief Justice McCormack said that trial court funding is a “long-simmering” problem in Michigan. She said that denying leave to appeal will “allow our current system of trial court funding in Michigan to limp forward.” She then goes on to tell the legislature to pass the new, centralized funding scheme.

So basically, if they do nothing, that gives the legislature time to address it, and they don’t have to do anything drastic like start following the constitution right away. So much for let justice be done, though the heavens fall

Okay so that’s where we’re at in Michigan. The Supreme Court doesn’t want to force the courts and the state in general to follow the constitution quickly. And maybe there might be a new funding scheme coming out at some point in the future.

But…but…but…the United States federal government is getting involved. And with the 5th Circuit Court ruling that any interest in court funding is too much interest, Michigan might not have much more time to resist.

The arguments that the judges made in the 5th Circuit Court case were pretty funny. They said that while an average man might be swayed by a pecuniary interest in the outcome of the case, judges are not mere mortals. They asked the court to decide the case based on the average judge standard and not the average person standard. I didn’t read the rebuttal, but it might have pointed out that judges put their pants on one leg at a time, like the rest of us. That needs to be a new standard for everyday living. Is this milk past its prime? Is it time throw out this pair of socks? One more episode or go to bed? Should I see someone about that fungus? What would the average judge say? Not an average person, but an average judge. I live by higher standards now. But wait, based on some of the goings on around here, is the average judge standard better or worse?

The next person to get a Sheriff Bensley fish-in-a-barrel special needs to bring a case before the United States District Court.

You know how every other sentence out of Governor Whitmer’s mouth is that we need to “Fix the Damn Roads?” Maybe she can turn her efforts to fixing the “damn” courts.

Another reason that we need to move to a state centralized funding system is that it gets rid of embarrassments like the time Judges Phillips and Stepka ran to the local government to beg them to allow them to shift a single employee’s status in order to boost her pension. Which reminds me, is she still there? OMG yes? (Another page that says yes.) How long has it been since she told the county commission that she’d be retiring? According to the Record Eagle, she told the County Commission that she would retire in November 2017. So she’s only 640 days late.

Carol Stocking and Michael Stepka explain to the County Commission that Carol Stocking is going to retire…Oh wait…

If you’re still with me, congratulations. Please post your comments.

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2 thoughts on “Michigan Court Costs Are Unconstitutional”

  1. Interesting site. Nice writing. Need one for every city! Would you like me to link more? Maybe write? We are looking for contributor$. No other way to contact you.

  2. Court costs place a massive burden on families already crushed by jail fees and attorney fees (even “court-appointed” attorneys cost money – and given their less-than-zealous performance, the cost is also freedom for things well-funded defendants walk away from with no or little time).

    I do hope we see some reform. A Fifth Circuit opinion won’t be binding for MI, if I remember correctly, but could help set a precedent and push reform in our very broken system. It’s clear that in GT county it’s about money and politics, not justice or healing harms done. Which is too bad.

    Maybe we should eat our Justice Remixed from B&J and watch what happens… https://www.msn.com/en-us/foodanddrink/foodnews/ben-and-jerrys-latest-flavor-targets-americas-broken-criminal-justice-system/

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