I did not write the letter.
Date: February 25, 2006 11:20:24 AM GMT-05:00
To: Gerald VanWoerkom
SenGVanWoerkom@senate.michigan.gov
Subject: Judges Retirement
Nice little law that you guys put in place for the judges here Jerry.
No wonder we have so many things against the law, like forgetting to turn on your headlights, $75 dollar fine.
Not to mention all the other infractions, misdemeanor and ordinances that are ripping us off in the courts today.
I think that if you expect to keep your seat in the Michigan Senate Jerry, there better be some changes here.
Want to see how fast this will fall into the hands of the abused citizens of this state Jerry?
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.8381 Fines and costs; convictions; civil infraction determinations, guilty pleas, or civil infraction admission; disposition; court filing fee report; definitions.
Sec. 8381.
(1) Until October 1, 2003, when fines and costs are assessed by a magistrate, a traffic bureau, or a judge of the district court,
not less than $9.00 shall be assessed as costs and collected for each conviction or civil infraction determination and each guilty plea or civil infraction admission except for parking violations.
Of the costs assessed and collected, for each conviction or civil infraction determination and each guilty plea or civil infraction admission,
$9.00 shall be paid to the clerk of the district court.
(2) The clerk of the district court, on or before the fifteenth day of the month following the month in which costs are collected under subsection (1), shall transmit the following amounts:
(a) Until October 1, 2003,
the clerk shall transmit 45 cents of the costs collected to the executive secretary of the Michigan judges retirement system created by the judges retirement act of 1992,1992 PA 234, MCL 38.2101 to 38.2670,
and shall transmit $8.55 of the costs collected to the state treasurer.
Of each $8.55 received, the state treasurer shall deposit 30 cents in the legislative retirement fund created by the Michigan legislative retirement system act, 1957 PA 261, MCL 38.1001 to 38.1080;
$4.25 in the court equity fund created under section 151b; and shall deposit the balance in the state court fund created by section 151a.
(b) Beginning October 1, 2003,
the clerk shall transmit $9.00 of any costs assessed before October 1, 2003 to the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(3)
Until October 1, 2003, the clerk of the district court shall prepare and submit a court filing fee report to the executive secretary of the Michigan judges retirement system created by the judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, at the same time the clerk of the district court transmits the portion of the costs collected under this section to the executive secretary.
(4)
Beginning October 1, 2003, when fines and costs are assessed by a judge or district court magistrate, the defendant shall be ordered to pay costs of not less than $45.00 for each conviction for a serious misdemeanor or a specified misdemeanor or costs of not less than $40.00 for each conviction for any other misdemeanor or ordinance violation.
(5) Beginning October 1, 2003, when fines and costs are assessed by a judge or district court magistrate in a civil infraction action, the defendant shall be ordered to pay the state assessment required by section 8727 or 8827 of this act or by section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907.
(6) As used in this section:
(a) “Ordinance violation” means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1.
(b) “Serious misdemeanor” means that term as defined in section 61 of the crime victim's rights act, 1985 PA 87, MCL 780.811.
(c) “Specified misdemeanor” means that term as defined in section 1 of 1989 PA 196, MCL 780.901.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1970, Act 248, Eff. Jan. 1, 1971 ;-- Am. 1975, Act 324, Imd. Eff. Jan. 2, 1976 ;-- Am. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1992, Act 233, Eff. Mar. 31, 1993 ;-- Am. 1993, Act 189, Imd. Eff. Oct. 8, 1993 ;-- Am. 1996, Act 374, Eff. Oct. 1, 1996 ;-- Am. 2003, Act 96,
Eff. Oct. 1, 2003
© 2006 Legislative Council, State of Michigan
In a perverted sort of way it gives us an out.....make em take judicial notice of Tumey v Ohio and you walk!
Linear Mode
