INGHAM COUNTY BOARD OF COMMISSIONERS P.O. Box 319. Mason, Michigan Telephone (517) Fax (517)

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1 CHAIRPERSON CALVIN LYNCH VICE-CHAIRPERSON CURTIS HERTEL, JR. VICE-CHAIRPERSON PRO-TEM THOMAS L. MINTER JUDICIARY COMMITTEE MARY STID, CHAIR MARC THOMAS DIANNE HOLMAN TINA WEATHERWAX-GRANT RANDY SCHAFER JOHN NEVIN INGHAM COUNTY BOARD OF COMMISSIONERS P.O. Box 319. Mason, Michigan Telephone (517) Fax (517) THE JUDICIARY COMMITTEE WILL MEET ON THURSDAY, APRIL 3, 2003, AT 7:30 P.M. IN THE PERSONNEL CONFERENCE ROOM (D & E) OF THE HUMAN SERVICES BUILDING, 5303 S. CEDAR, LANSING. Call to Order Approval of the March 13, 2003 Minutes Additions to the Agenda Limited Public Comment Agenda 1. Circuit Court a. Presentation on the Circuit Courts Ingham County Court Appointed Counsel Program b. Discussion on Reduction of Court Appointed Counsel Fees c. Update on Courts Research into Mediation Fees d. Information Item: Appellate Defender Commission 2. Controller s Office Strategic Planning Information Report. Information from County Offices, Departments and the Courts Regarding 2004 Strategic Planning & Budget Process. This report includes background information, activity indicators, and performance measures. (PLEASE BRING 2004 STRATEGIC PLANNING INFORMATION REPORT PACKET TO MEETING THAT WAS MAILED UNDER SEPARATE COVER) Announcements Public Comment Adjournment PLEASE TURN OFF CELL PHONES OR OTHER ELECTRONIC DEVICES OR SET TO MUTE OR VIBRATE TO AVOID DISRUPTION DURING THE MEETING The County of Ingham will provide necessary reasonable auxiliary aids and services, such as interpreters for the hearing impaired and audio tapes of printed materials being considered at the meeting for the visually impaired, for individuals with disabilities at the meeting upon five (5) working days notice to the County of Ingham. Individuals with disabilities requiring auxiliary aids or services should contact the County of Ingham in writing or by calling the following: Ingham County Board of Commissioners, P.O. Box 319, Mason, MI Phone: (517) A quorum of the Board of Commissioners may be in attendance at this meeting.

2 JUDICIARY COMMITTEE March 13, 2003 Minutes Members Present: Members Absent: Others Present: Mary Stid, Marc Thomas, Dianne Holman, Tina Weatherwax-Grant and Randy Schafer John Nevin John Neilsen, Calvin Lynch, Robert VanKirk, Judge Brennan, Beryl Frenjer, Sheila Smith, Mary Cronquist, Shawna Dunnings and Christine Timmons The meeting was called to order by Chairperson Stid at 7:31 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing. Approval of the February 27, 2003 Minutes MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. HOLMAN, TO APPROVE THE FEBRUARY 27 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Weatherwax- Grant Additions to the Agenda: None (Comm. Weatherwax-Grant arrived at 7:34 p.m.) Limited Public Comment Mr. VanKirk, Ingham County Youth Commission, stated he was hoping to gain additional information regarding the Juvenile Justice Millage. He had not received an agenda. Therefore, he was not aware that item was not on tonight s agenda. Ms. Timmons spoke expressed her continuing concerns regarding the FIA th District Court a. Discussion on Proposed Drug Court Judge Brennan spoke regarding the four-percent budget reductions in the 55 th District Court. He stated the Public Defender s Newsletter recently addressed the issue of assigned-counsel contract fees. The District Court received a letter from the Circuit Court Administrator informing the District Court that court-appointed counsel reimbursement amounts will be reduced. Mr. Easterday s letter is dated March 3, Judge Brennan reminded the Committee that this reduction is another example of a dangerous move toward what he considers an unconstitutional state of representation of the poor. He also spoke regarding the Wayne County lawsuit which addresses this matter. Judge Brennan stated the Ingham County Board of Commissioners would do well to thoroughly investigate the option of a Public Defender s Office. By staying ahead of the curve, the Commissioners could stave off a dramatic increase in costs while dramatically improving the representation of the poor. Judge Brennan submitted a copy of his statement regarding this matter to Mr. Neilsen. In response to Comm. Thomas, Mr. Neilsen stated the Committee did not receive the details of the departments budget reductions prior to approving the reductions. The reductions for the 55 th District Court were not itemized for this Committee s information. In response to Comm. Weatherwax-Grant, Mr. Neilsen stated the number of cases which receive a court-appointed attorney could be tracked by the County. He will report further regarding this issue at a later meeting.

3 Chairperson Lynch explained that the Board of Commissioners traditionally do not micro-manage the departments. Departments make their own budget decisions. Comm. Thomas expressed concern that this Committee voted on the budget reductions without reviewing the details of the Court budget. He took full responsibility for this fact. Next time, Comm. Thomas will request a detailed explanation of the 55 th District Court budgetary issues. Judge Brennan updated the Committee regarding his efforts to implement a Drug Court. Governor Granholm wants to expand the use of drug courts within this State. Judge Brennan reviewed various correspondence and articles regarding support for drug courts. He also stated Chief Justice Corrigan is supportive of the advancement of Drug Courts. Judge Brennan stated a Drug Court team has been assembled to assist in the implementation of the Court. He attended the Drug Court Planning Initiative introductory training meeting in January. Approximately 25 courts were represented at this meeting from across the United States. The team also attended the Michigan Association of Drug Court Professionals 4 th Annual Conference. Judge Brennan distributed copies of endorsement letter to the Committee. The endorsement letters were received from Stuart Dunnings, Robert Steinman (DOC), Patrick Bowler, Judge Steven Cooper, Judge William Schma, Judge Harvey Hoffman, Mark Reisig and Michael Clark. Many other court professionals and organizations also submitted letters of support and endorsement of an Ingham County Drug Court to Judge Brennan. Judge Brennan stated the timing is right for the implementation of a Drug Court. He also expressed his enthusiasm for being on the cutting edge of this process. The Drug Court must be judicially administered. Judge Brennan stated he is anxious to start the Court. His intentions will not end there. He would like to see a County-wide Drug Court in operation before the end of Efforts will continue in order to seek out additional opportunities. The Governor has released $4.3 million to establish county-wide Drug Court systems. In response to Comm. Thomas, Judge Brennan stated the grant funds would be used to establish a countywide drug court system. He further stated he is very confident the County will receive the necessary funds to start the county-wide system. The three-year grant will only apply to the 55 th District Court. Further goals will require additional funds. In response to Mr. Neilsen, Judge Brennan stated the Drug Court would involve a concurrent jurisdiction. This discussion continued. In response to Chairperson Stid, Ms. Frenjer stated Drug Courts have been in operation since Recidivism rates from these courts have been very low. Judge Brennan stated Drug Courts have been in operation long enough to be proven successful. (Chairperson Lynch and Comm. Schafer left at 8:21 p.m.) The Committee viewed the Drug Courts in Action video at this time. The video illustrated the process involved with drug courts as well as comments from drug court participants. Judge Brennan stated he believes the Drug Court will be a wonderful addition to Ingham County regardless of how far it goes. Whatever the cost is for the Drug Court, it will be returned to the County in spades. 2

4 Comm. Weatherwax-Grant commended Judge Brennan for his leadership role in this matter. She also stated she would need to see the costs associated with a drug court and success rate information. Ms. Frenjer requested permission to apply for the State grant funds. In response to Ms. Frenjer, Chairperson Stid stated she does not believe the Board has ever denied permission to apply for grant funds. In response to Comm. Holman, Judge Brennan stated the Drug Court would not accept cases involving violent crimes. Eligibility for participation in Drug Court is determined by each Drug Court. He further stated his Drug Court would not accept any case which would likely end in a prison sentence. Mr. Neilsen stated the Board of Commissioners would be co-applicants on the grant application. If the application is granted, the acceptance of the funds would require the approval of a Resolution. Before accepting any grant funds, the Board would also need all details regarding the Drug Court for their review and approval. Chairperson Stid thanked Judge Brennan for his presentation. Judge Brennan stated he would update this Committee further at a future meeting. Chairperson Stid stated this Committee needs more statistics and a cost analysis before accepting any grant funds. b. Video on Drug Courts c. Discussion - Proposal to apply for Byrne/LLEBG grant for Drug Court d. Information: Articles from the Bar Journal on Drug Court Michigan Bar Journal: Moving Problem-Solving Courts into the Mainstream - A Report Card from CJ-COSCA Problem-Solving Committee by Hon. Maura D. Corrigan and Daniel Becker, January 2003, pgs Michigan Bar Journal: The Carrot and the Stick - How Effective Sanction and Incentives Succeed in Overcoming Addiction by Judge Stephen C. Cooper, pgs Michigan Bar Journal: Therapeutic Jurisprudence - Recognizing Law as One of the Healing Arts by William G. Schma, January 2003, pgs Michigan Bar Journal: Healing Drunk Drivers: Michigan s OUIL/Sobriety Drug Courts by Hon. Harvey J. Hoffman, January 2003, pgs Agenda items 1b-d were addressed in item 1a. Announcements: None Public Comment Mr. VanKirk stated the Youth Commission would be very interested in helping to form a Juvenile Drug Court. Judge Brennan stated a Juvenile Drug Court is a part of his overall dream. Ms. Timmons expressed her approval of the Drug Court concept. The meeting adjourned at 9:17 p.m. Respectfully submitted, Debra Neff 3

5 INGHAM COUNTY COURT APPOINTED COUNSEL PROGRAM Agenda Item 1a QUALIFICATIONS Attorneys must be a member in good standing of the Michigan State Bar Association. Attorneys must have their residence or principal office within Ingham County or the City of Lansing. METHOD OF APPOINTMENT Attorneys will be appointed by the Pretrial Services Division on a rotating basis and by attorney classification. The goal will be to insure equitable appointments consistent with the level of participation agreed to by each attorney. Initial appointment will be made by telephone from Pretrial Services followed by a faxed copy of the pertinent information provided a fax is available to the attorney. ATTORNEY CLASSIFICATIONS Effective June 23, 1993, the Circuit Court Bench approved the attorney classifications as follows: Level A eligible to receive appointments for any felony. At a minimum, Level A lawyers are expected to accept some non-hourly cases for each hourly appointment. Level B eligible to receive appointments for any felony except Murder I, Murder II, Open Murder, Conspiracy to Murder, Attempted Murder, Assault W/I to Murder, Criminal Sexual Conduct I, Kidnaping and Possession W/I to Deliver more than 650 grams of Cocaine. Level C eligible to receive appointments for any felony carrying a maximum of 5 years, or less, and Possession of LSD.

6 Page Two Agenda Item 1a INITIAL CLASSIFICATION Unless the bench directs otherwise, attorneys will be initially placed at Level C. REPRESENTATION Appointed counsel are required to personally appear for and represent the defendant at each stage of the case through sentencing. This includes appearing at a line-up unless the attorney requests Pretrial Services to appoint another attorney for the line-up only. Habitual Offender Supplements: You are required to notify the Pretrial Services Division of the Court of receipt of notice by the prosecutor that the defendant has been supplemented as a habitual offender or, notice by the Prosecutor of intent to supplement the defendant as a habitual offender. Plea Agreements: As of August 1, 1990, when you appear at the Preliminary Examination and a plea agreement is offered to you by the Prosecutor s office, the offer will be made in writing on a printed form which will accompany the file to Circuit Court. That form will state the specific plea agreement and/or sentence agreement and will have a definite cut-off date for the plea to be entered in Circuit Court. If the plea is not entered by the cut-off date, then the plea offer is automatically withdrawn. Circuit Court Arraignments: You are required to file a written waiver of arraignment for Circuit Court arraignments unless you intend to have a plea hearing. SUBSTITUTION OF COUNSEL Substitution of counsel must have prior approval of the trial judge (or the Chief Circuit Judge of the attorney withdraws before bind over). Effective August, 1992, stipulations substituting counsel SHALL include approval of Pretrial Services prior to submission to the judge. If new counsel is retained, the stipulation MUST state that court appointed counsel is being replaced by retained counsel.

7 Agenda Item 1a Page Three Temporary substitution of counsel for a specific event, i.e. sentencing, requires prior approval of the judge (or the Chief Circuit Judge if the case is in District Court) as well as notice to Pretrial Services. WITHDRAWAL OF COUNSEL District Court: Circuit Court: District Court Judges do not have the authority to remove you nor allow you to withdraw from a court appointed case even when the case has been reduced to a misdemeanor. Counsel must file a Motion to Withdraw and set it for hearing before the Chief Circuit Judge. File a Motion to Withdraw with the trial Judge. FEE SCHEDULE A copy of the fee schedule is enclosed. Please note: All costs, fees and expenses must be approved IN ADVANCE by Judicial Order to be reimbursable. If the case is in District Court, the expenses must be approved by the Chief Circuit Court. After the case is bound over to Circuit Court the trial judge may approve any such expense. SERVICE OF PROCESS AND WITNESS FEES For service of process of subpoenas, it is recommended that they first be sent by certified restricted mail with a return receipt. Reimbursement for the cost associated with this will be granted upon submission of a receipt from the post office attached to your voucher. If you are unable to serve the witness by mail, the appropriate police agency should be contacted. You are not required to pay witness fees. The Ingham County Prosecutor s Office maintains accounts for payments of witness fees for court appointed clients. The witness will be paid when he/she appears for the subpoenaed hearing.

8 Page Four Agenda Item a1 INTERPRETERS The Pretrial Services Division will provide a list of interpreters upon request. It is the attorney s responsibility to notify the interpreter to be present for all court hearings. Payment of the interpreter is executed by Ex Parte Motion and Order filed with the Chief Judge is needed at the District Court level. If the case is bound over to the Circuit Court, the trial judge must approve payment. The interpreter will receive a check from Ingham County upon submission of their invoice along with a signed copy of the Order Providing for Payment of Interpreter to Pretrial Services, 313 W. Kalamazoo St., Lansing, MI EXTRAORDINARY EXPENSES You must obtain prior approval for payment of extraordinary expenses, such as expert witness fees and polygraph fees, by filing a motion with the trial judge or the Chief Circuit Judge of the case is still in District Court. The order providing for payment should include an approximate amount the services will cost. The recipient will receive a check from Ingham County upon submission of their statement for services along with a signed copy of the order providing for payment to Pretrial Services, 313 W. Kalamazoo St., Lansing, MI DEFENDANT WEEKLY REPORTING All persons released on Personal Recognizance, ten percent and full cash bonds are required to report weekly by voice mail to Pretrial Services. If your client is released on any of the aforementioned bonds and the case is reduced to a misdemeanor at the District Court level, your client is no longer required to report to our office. Please notify Pretrial Services when this occurs so that we can remove your client from our reporting records. All persons released on surety bonds(bonds that are posted with bondsman) are not required to report unless specifically ordered by the court.

9 Agenda Item 1a Page Five Defendants that have not reported for seven straight days are in violation of their bond. After not reporting for 14 straight days, the trial judge will be notified which could result in a bench warrant being issued for their arrest and their bond being revoked. REQUESTS FOR REDUCTION OF BOND Upon filing a Motion for Bond Reduction with the court, provide Pretrial Services with a copy of same along with your Notice of Hearing. Our office requires at least 14 days prior notice to interview your client and prepare a report for the court. BAIL BONDS All bond money posted at the jails will be considered the property of the person being bonded out of jail. If the court imposes court costs, fines, restitution, CVR fines, lab fees, attorney fees, or DNA fees, the court will deduct any or all of these from the defendant s bond. If a third party has posted the bond, a copy of the bond receipt listing the third party needs to be presented to the clerk s office. Only the ten percent bond administrative fee will be deducted from third party payer bonds. In order to expedite the return of your client s bond, submission of your payment voucher should be completed upon sentencing or shortly thereafter. The court will hold your client s bond money until your voucher is received and approved. Circuit Court: District Court: Do not instruct your clients to go to the clerk s office for their bond money after sentencing. In Circuit Court it takes a few days for the paperwork to reach the bookkeeper and the checks cannot be issued upon request. If your client has bond money coming back, it will be sent to him/her to their last known address and will take a minimum of two weeks. District Court will usually return bond money to defendants after sentencing.

10 Agenda Item 1a Page Six CIRCUIT COURT ARRAIGNMENTS Effective August, 1991, the court s policy regarding transportation of prisoners from the County Jail to Circuit Court for the purposes of pleading not guilty at arraignment places an unnecessary burden on security officers. Court Appointed Attorneys are expected to file a written Waiver of Arraignment so that unnecessary transportation of prisoners does not occur unless your client will be pleading guilty. JAIL POLICY REGARDING CLOTHING Also as a reminder, as you are aware an important part of case preparation is to ensure that your client is dressed appropriately for trial. If your client is in the Ingham County Jail, it is your responsibility to ensure that he or she has proper court attire available at the jail on the day of trial. The jail will store one set of civilian clothing. This is usually what your client was wearing at the time of his or her arrest. In some cases inmates will not have any civilian attire, e.g. if they have been transported from a M.D.O.C. facility or their clothes have been confiscated as evidence. The Ingham County jail will accept or exchange clothing for court appearances delivered there on Monday through Friday from 7:00 a.m. to 5:00P.M. or 10:00 P.M. to 11:00 P.M. Neither Lansing Police Department holding nor the Court s Security Officers/Deputies or other court staff will accept clothing without an order from the trial or chief judge. Therefore it is suggested that during pre-trial interviews at the jail, you inquire of your clients as to the availability and appropriateness of their clothing, and make arrangements for the necessary exchange or delivery at the jail prior to the day of trial.

11 Page Seven Agenda Item 1a RECLASSIFICATION OF ATTORNEY TO A HIGHER LEVEL APPLICATION: Effective date: June 23, 1993 Interested attorneys should send a letter of application to the Chief Circuit Judge. RECLASSIFICATION ELIGIBILITY: To be eligible for reclassification to Level B, attorneys must have practiced for at least two years as a Level C lawyer. Additionally, during these two years of practice as a Level C attorney, the attorney must attend each of the 4 criminal defense seminars offered by the Ingham County Circuit Court at least once. These 4 seminars are: Pre-Trial Services/CCAB; Adult Probation/Ingham County Jail; Criminal Practice in Ingham County, and; Specialty Practice Items. Each seminar will be offered once a year. To be eligible for Level A status, an attorney must have practiced at Level B for at least two years. Applications for reclassification must be filed with the Pretrial Services Division by January 1, of each year. Level A attorneys may be required to accept up to two Level B appointments for each Level A case assigned. Exceptions may be made for those who assist with training seminars to enhance the skills of those on the court appointed attorney list. Requests for reclassification will be judged at a minimum on the attorney s Knowledge of Law A. Substantive B. Evidentiary C. Understanding of court procedures

12 Page Eight Agenda Item 1a Case Readiness A. Attention to client s needs B. Document preparation C. Motions anticipated and timely scheduled D. Defendant prepared to clearly articulate factual basis for plea E. Attorney accurately states full basis for plea bargain Personal Representation A. Attitude B. Cooperation C. Promptness D. Confidence E. Credibility F. Reasonableness of voucher billing amount G. Judgment H. Integrity And any other factors the judges believe are relevant. As a reminder, the oath of admission is reprinted. Counsel are expected to conform their representation and behavior to the requirements of the oath. You do solemnly swear or affirm you will support the Constitution to the United States and the Constitution of the State of Michigan; you will maintain the respect due to the courts of justice and judicial offices; you will not counsel or maintain any suit or proceeding which shall appear to you to be unjust, nor any defense except such as you believe to be honestly debatable under the law and the land; you will employ for the purpose of maintaining the causes confided to you such means only as are consistent with truth and honor and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; you will maintain the confidence and preserve inviolate the secrets of your client, and will accept no compensation in connection with your client s business except with your client s knowledge and approval; you will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause which you are charged; you will never reject, from any consideration personal to yourself, the cause of the defenseless or oppressed, or delay any cause for lucre or malice; you will in all other respects conduct yourself personally and professionally in conformity with the high standards of conduct imposed on members of the Bar as conditions for the privilege to practice law in this state; if you do so please answer I will.

13 Agenda Item 1a Page Nine REMOVAL: Attorneys on the Level C list will be removed if two consecutive annual applications are denied, or if the attorney is not reclassified within two years of attaining eligibility status. Attorney may be removed for cause by a majority vote of the bench. REVIEW: Attorneys may petition the Chief Judge for a review of their placement by filing a petition with the Chief Court Clerk. The petition must contain sufficient documentation to enable the court to make a finding.

14 Agenda Item 1b THIRTIETH JUDICIAL CIRCUIT COURT - INGHAM COUNTY COURT APPOINTED INDIGENT DEFENSE COUNSEL FEE SCHEDULE The following fee schedule, having been approved by the Judges of the 30 th Judicial Circuit Court is adopted effective for appointments made on or after March 15, GENERAL POLICY Multiple Cases/ Charges Paid as One: This fee schedule implements the policy of payment by service level. Counsel will be paid for representing a qualified defendant notwithstanding the number of cases involved. Initial appointment of multiple cases handled together at the same initial appearance will generate one basic fee. Voucher Required/How Amounts Computed: Counsel will submit requests for payment on a voucher form approved and supplied by the court. Vouchers must be submitted in typewritten form. Payment rates are to be billed and the fee approved computed at the applicable case type rate at each stage of the proceedings. Billings for hourly rates shall be by detailed breakdown of hours, to the nearest 1/10 of an hour. If the case type is reduced causing a change to a lower category, so will the fee for the succeeding events be reduced to the lower category. If two or more events are held at the same court appearance, attorneys will be paid only one event fee, using the highest paying fee for the events held. Costs, fees and other expense must have prior approval of the Circuit Court to be reimbursable. Prompt Submission of Voucher Required: Counsel shall submit their vouchers promptly at the conclusion of the case, but in no event later than six months after the conclusion of the case. The case is considered concluded upon sentencing, acquittal, scheduling of a delayed sentence, or assignment of YTA. Reimbursement of Costs/Extraordinary Expenses: Requests for the reimbursement of advance costs or extraordinary expenses must have the prior approval of the assigned Circuit Judge, or if the case is not yet bound over to Circuit Court, the Chief Circuit Judge. The ex parte motion must specify the reasons why the advance costs are necessary or why the request is extraordinary, and a copy of the motion and order of approval must accompany the voucher at the time of submission for payment.

15 Agenda Item 1b Mileage Not Nomally Reimbursable: Mileage will not be reimbursed unless extraordinary circumstances warrant it, then only upon prior approval by the assigned Circuit Judge or, if not yet bound over to Circuit Court, the Chief Circuit Judge. Service of Process/Witness Fees Not Paid as Court Appointed Counsel Fees: Payment for service of process will not be approved. The appropriate police agency should be contacted or service sent by certified mail, restricted with return receipt. These expenses are reimbursable. The Prosecutor s Office maintains an account for payment of witness fees for court appointed clients. Witnesses will be paid upon submission fo the subpoena at the hearing. Interpreter Fees Not Paid as Court Appinted Counsel Fees: Pretrial Services will provide a list of qualifed interpreters when needed. Prior approval must be made by ex parte motion to the Circuit Court Trial Judge or Chief Circuit Judge and must specify the rate or amount to be paid the interpreter. Requests for payments of interpreter fees must be made by the interpreter at the end of their service and must include a copy of the motion and order for payment with their bill to Pretrial Services, 313 W. Kalamazoo St., Lansing, MI CATEGORY A CASES Category A Cases are defined as capital offense carrying the FC felony designation in the Circuit Court case number, and having an exposure to a maximum sentence of life in prison. Counsel will be paid at the rate of $55.00 per hour for time spent both in and out of court. Counsel will not be paid for arraignment in District Court or Circuit Court or for long distance telephone calls. Time spent in telephone conversations may be used in the calculation of hours. Cases where the defendant is charged as a habitual offender are not, per se, Category A cases. CATEGORY B CASES Category B Cases are defined as those felony cases which carry a maximum exposure to at least ten (10) years in prison, but less than life. Caegory B cases are paid on an event basis.

16 Agenda Item 1b Basic Fee: One time payment (includes conference with client and or witnesses and office preparation) based upon whether client was in or out of jail at the time of appointment. Client in Jail $ Client not in Jail $98.00 District Court Plea Hearing Held $56.00 Preliminary Examination Held $ Waiver with Bind over to Circuit Court $51.00 Circuit Court Pretrial Conference Held $37.00 Prosecutor s Motion Hearings Held (including hearings attended which are adjourned not at the request or through the fault of the defense). $37.00 Circuit Court Plea Hearing Held $56.00 Trial ½ Day $79.00 Full Day $ Sentencing Held $56.00 Extraordinary Hours Maximum Hourly Rate $33.00 CATEGORY C CASES Category C Cases are defined as those felony cases with a maximum exposure to incarceration of less than ten (10) years. Basic Fee: One time fee (includes conference with client and/or witnesses and office preparation). Client in jail $98.00

17 Client not in jail $70.00 District Court Plea Hearing Held $47.00 Preliminary Examination Held $79.00 Waiver with Bind Over to Circuit Court $37.00 Circuit Court Pretrial Conference Held $37.00 Prosecutor s Motion Hearing Held (including hearings attended that are adjourned not at the request of through the fault of the defense). $37.00 Circuit Court Plea Hearing Held $47.00 Trial ½ Day $65.00 Full Day $ Sentencing Held $47.00 Extraordinary Hours Maximum Hourly Rate $33.00 OTHER CASES Other services for which attorneys will be appointed and reimbursed are as follows: Line-ups/Polygraph Exam Held $51.00 Probation Violation Hearings Held $79.00 Fugitive or Extradition Hearings Held $ Waiver $51.00 Paternity Cases/PPO s Completed $ Adj. Hearings at not fault of defense $79.00 FOC Hearing Hourly Rate to a maximum of $200/day $51.00

18 Agenda Item 1b Circuit Court of the State of Michigan 30th Judicial Circuit WILLIAM E. COLLETTE DAVID L. EASTERDAY Chief Circuit Judge Circuit Court Administrator LAURA BAIRD Chief Circuit Judge Pro Tempore RICHARD J. GARCIA Presiding Judge Family Division SALLY HOLEWA Deputy Court Administrator/ General Trial Division DONALD L. REISIG Deputy Court Administrator / Circuit Judges - General Trial Division Family Division/Friend of the Court THOMAS L. BROWN JAMES R. GIDDINGS PAULA J. M. MANDERFIELD P.O. BOX BEVERLEY NETTLES-NICKERSON 313 W. KALAMAZOO STREET LANSING, MICHIGAN Circuit Judges - Family Division TELEPHONE: (517) R. GEORGE ECONOMY FAX: (517) JANELLE A. LAWLESS March 3, 2003 Court Appointed Counsel Ingham County Circuit Court Dear Ladies and Gentlemen, On behalf of the Judges and Court personnel I would like to take this opportunity to express our appreciation to each of you for your endeavors in the Ingham County Circuit Court. As some of you may be aware, and brought to our attention, an increase in fees for Court Appointed Counsel was being pursued for It is with regret that I am sending this correspondence to you regarding mandatory budget cuts throughout the County. Ingham County has recently asked all Departments to submit proposed Budget reductions for the current fiscal year, The Circuit Court - General Trial Division has a target reduction amount of $247,799. Consistent with previous County policy, reductions will not involve involuntary layoffs or the permanent elimination of positions or programs. Judge Collette, Chief Judge has made the decision to reduce Court Appointed Counsel reimbursement amounts. The decision has been made with regret and he appreciates the good job attorneys have done.

19 The hourly rate for Level A attorneys will be reduced from $60.00 / hour to $55.00 / hour. All other reimbursement amounts at the A, B and C levels will be reduced by approximately 7%. You will receive updated Vouchers within the next couple weeks to reflect this new payment structure. Sincerely, David L. Easterday Circuit Court Administrator

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