Michigan’s Judiciary Faces a Funding Overhaul
The Michigan Legislature is gearing up to address a complex and far-reaching issue that affects many residents across the state. This week, a state judicial task force recommended a comprehensive overhaul of local court funding, aiming to reduce the financial pressure judges face to generate revenue from defendants.
The move is in response to a longstanding Michigan Supreme Court decision that prohibits using fines and fees collected from defendants to cover the operational costs of the courts. Currently, these funds are crucial for local courts and often help balance non-judicial budgets.
The American Civil Liberties Union of Michigan argues that this practice contravenes constitutional principles. Bonsitu Kitaba-Gaviglio, acting legal director of the ACLU-Michigan, stated, “The obligation to tax, assess, [and] to fund the operation of the government is a responsibility of the legislature, not the judiciary, and so that’s a constitutional concern. And, second, it raises serious due process concerns.”
Tom Boyd, State Court Administrator and former district court judge, highlighted that many communities still rely on revenue-generating practices that effectively act as “speed traps”. He remarked, “It isn’t that folks that come before the courts aren’t paying their fair share, it’s that they’re paying way more than their fair share.”
The task force’s report offers numerous recommendations, including the establishment of a state fund to manage fines, fees, and court cost orders. This fund would be managed by the Michigan Treasury, which would also take responsibility for collecting these payments, alleviating local governments from this duty and potentially removing incentives for excessive fines.
The legislative process has been slow, in part because of the financial implications and the complexities involved in creating a new system. The COVID-19 pandemic also stalled efforts. Boyd predicts that resolving this issue could span several legislative sessions.
State committees are set to formally review the report next week. State Representative Sarah Lightner, chairing the Michigan House Judiciary Committee, emphasized, “At the end of the day, we are responsible for taxpayer dollars and want to make sure we’re using those dollars effectively and efficiently to administer justice.”
The initiative has garnered bipartisan support, with State Senator Stephanie Chang expressing optimism that significant progress can be made before the current legislative session concludes next year.
—
Read More Michigan News
