2018 Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 65 of 2017 TRIAL COURT FUNDING ACT (600.11101 - 600.11105)
Section 600.11103 Trial court funding commission; creation; membership; qualifications; appointment; duration of service; vacancy; meeting; chairperson; compensation; expenses; removal of member; quorum; procedures and requirements; business conducted at public meeting; writings subject to freedom of information act.

***** 600.11103 THIS SECTION IS REPEALED ON THE DATE THE COMMISSION'S FINAL REPORT TO THE GOVERNOR, THE SENATE MAJORITY LEADER, AND SPEAKER OF THE HOUSE OF REPRESENTATIVES REQUIRED UNDER MCL 600.11104 IS FILED OR 2 YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, WHICHEVER OCCURS FIRST. See MCL 600.11105 *****

Sec. 3.

(1) The trial court funding commission is created within the department of treasury.

(2) The commission shall review and recommend changes to the trial court funding system in light of People v Cunningham, __ Mich __ (2014), No. 147437, rel'd June 18, 2014. The commission shall exist until it submits the final report to the governor, senate majority leader, and speaker of the house of representatives required under section 4.

(3) Subject to subsection (4), the commission shall consist of the following members appointed by the governor:

(a) Two members nominated by the State Bar of Michigan.

(b) One member nominated by the Michigan Municipal League.

(c) One member nominated by the Michigan Townships Association.

(d) One member nominated by the Michigan Association of Counties.

(e) One member nominated by the State Court Administrative Office.

(f) Two members nominated by the governor.

(g) Two members nominated by the speaker of the house of representatives.

(h) Two members nominated by the senate majority leader.

(i) One member nominated by the Michigan Judges Association.

(j) One member nominated by the Michigan District Judges Association.

(4) Only individuals meeting the qualifications under subsection (3) who have significant experience or involvement in the courts of this state may be appointed to serve on the commission. An individual not possessing good moral character, or who has been charged with a felony or misdemeanor criminal charge involving a controlled substance, theft, dishonesty, or fraud under the laws of this state, another state, the United States, or a local ordinance substantially corresponding to the laws of this state, is not eligible to serve on the commission.

(5) The governor shall appoint the members to the commission within 90 days of the effective date of this act.

(6) Members of the commission shall serve on the commission unless or until a successor member is appointed by the governor.

(7) If a vacancy occurs on the commission, the governor shall make an appointment for the unexpired term in the same manner as the original appointment.

(8) The first meeting of the commission must be called within 30 days after the members of the commission have been appointed. The governor shall appoint 1 commission member to serve as the commission chairperson. The chairperson shall serve as the chairperson of the commission for the entirety of the commission's term unless he or she is removed or resigns. If a chairperson is removed or resigns, the governor shall appoint another commission member to serve as chairperson.

(9) Members of the commission shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the commission.

(10) The governor may remove a member of the commission for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.

(11) A majority of the members of the commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members present and serving are required for official action of the commission.

(12) The commission shall establish its own procedures and requirements with respect to quorum, place and conduct of its meetings, and other matters. The procedures established by the commission shall at a minimum prescribe the requirements for attendance at commission meetings by members, how meetings shall be conducted, and any policies necessary to carry out the powers and duties of the commission under this act. The procedures established by the commission under this act must be printed in an appropriate manual and made available to the governor, the senate majority leader, and the speaker of the house of representatives.

(13) The business that the commission may perform must be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(14) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

History: 2017, Act 65, Eff. Sept. 28, 2017