41B District Court budget approved; judge flags state Supreme Court review of fines collection

Chief Judge Carrie Fuka asked the Mount Clemens council to adopt the proposed 41B District Court 2019 budget and described steps the court has taken to recover outstanding fines and costs.

“We ran that for the entire basically, the entire month of October,” Fuka said of a ticket-amnesty program intended to clear very old warrants and bring in additional money. She also said the court uses tax garnishments to collect outstanding fines and costs.

Fuka told the council the court’s management council had voted unanimously to recommend the budget as proposed. Commissioners asked for clarification about a roughly $132,000 decrease in drug-court grant funding; council members were told the reduction was balanced by transfers from contingency and cuts to maintenance, capital outlay and professional services.

Fuka also alerted the council to a pending legal question: “The Supreme Court heard arguments today with respect to the courts, whether or not it’s constitutional for the courts to collect money,” she said, noting a prior legislative fix and ongoing litigation over whether those charges are a user fee or a tax.

A motion to approve the 41B District Court 2019 budget was made and supported. The council took a roll call and the motion carried; a recorded tally was not specified in the transcript.

The council’s approval authorizes the court’s recommended spending plan while the state-level legal challenge over collection practices is unresolved; Fuka said the District Court Judges Association wants the matter studied to determine the best approach.

Next steps: the budget takes effect per local process; the council will monitor the Supreme Court’s decision and any legislative or administrative changes that could affect the court’s revenue sources.