Michigan: plan to study how trial courts are funded clears legislature; report due by 2019

Michigan’s House and Senate approved yesterday (June 15) creation of a commission to examine how Michigan’s trial courts are funded.

HB 4613 as approved by both chambers would create the Trial Court Funding Commission. The Commission comes in light of People v. Cunningham, a July 2014 Michigan Supreme Court decision holding that a section of the Code of Criminal Procedure did not provide courts with the independent authority to impose costs upon criminal defendants. Those costs helped pay for trial courts in the state.

The Commission shall

(a) Review and recommend changes to the trial court funding system.

(b) Review and recommend changes to the methods by which the courts impose and allocate fees and costs.

(c) Suggest statutory changes necessary to effectuate recommended changes.

(d) Prepare a final report to the governor and legislative leaders “not later than 2 years after the effective date of this act.”

HB 4613 now goes to the governor for approval.