Report by Judge Stephen Cooper, representative

     The Chief Justice asked the three judges' associations to discuss issues and decide upon what areas they could agree. Each of the three association presidents selected five representatives (MDJA President Runco selected three past presidents along with our V.P. and the Pres. elect).

     The 15 of us met with a rep from the Supreme Court and a MSU facilitator for three days last week in Lansing. On the first day, it began with a bit of tension and turf protection and bickering, but very quickly everyone's attention proceeded toward a very positive approach to determining how we can best serve the public.

     The consensus reached was that the "one-size-fits-all" approach dictated from Lansing is not the best and a more modern FLEXIBLE approach where each county's judges would, within limits, structure their local system so that they can best serve the public in an efficient and effective way given their local problems, talents, personnel, buildings, staff, etc. Each county would be asked to establish a Local Judicial Council to design and submit to the Supreme Court a local plan within a structure set by SCAO. A final approved plan would be administered by the Chief Judges, and evaluated and changed periodically. Following is the final written report which will be presented to the Supreme Court:

RESULTS OF JUDICIAL SUMMIT

Flexibility for Local Needs (determined at the county or multi-county level - not the state level)

Local plan created by a local judicial council

• Council make-up will be determined by local selection.
• The plan will be signed by the chief judges of the involved courts and submitted to the State Court Administrative Office for approval.
• The administration of justice shall be governed by the approved plan.
• The approved plan shall be made accessible to the public.
• Innovative programs should be encouraged and then approved by the SCAO.
• Local stakeholders should be consulted in the development of the local plan.
• Within the plan there should be a methodology for continued communication between the local judicial council and local stakeholders.

Structure, Administration and Organization

• Create a local judicial council in each county or multi-county unit.
• The local judicial council will file a plan with the SCAO that identifies and coordinates the administration of all the courts serving that county. The plan must include the signed approval of the Chief Judges of each court that serves that county.
• The goal of the plan shall be to maximize the effectiveness and efficiency of the use of judicial resources for the benefit of the public.
• Using the same process utilized for the family division plans, the SCAO will develop submission guidelines for the local plans.
• The local judicial councils, in cooperation with the SCAO, will establish a monitoring, evaluating, and reporting mechanism.
• Probate and circuit courts will both have jurisdiction over family division, and pending implementation of enabling legislation, cross assignments will be authorized by the SCAO.
• Judicial council would decide how the caseload will be handled based on the local plan.

Take Control of Our Caseloads and Records

• The legislature should fund a judicial impact division established by the SCAO for independent evaluation of the fiscal and procedural effects on the courts of proposed legislation.
• In order to ensure the efficient administration of justice and enhance accountability, the local judicial council shall support each chief judge in exercising the authority to maintain the integrity of the records according to standards established by the Supreme Court.

Make System Sensible, Useful and Accessible

• The local judicial council should monitor and advance the appropriateness, accessibility, and convenience of court systems for users.
• The Supreme Court should continue to develop standards for technology in accessibility, record keeping, processing of information, court security and facilities.
• The local judicial council should explore the feasibility of centralized filing.

Equitable Distribution of Resources

• The Supreme Court should implement the publication of standards addressing appropriate levels of judicial resources including facilities and support staff. (See 1995 Supreme Court Program for Reforming Judicial Branch.)
• The SCAO shall develop systems for evaluating judicial resource needs and consult with local judicial councils for utilization of existing resources to provide for temporary assignments.
• The local judicial council should develop plans for equitable distribution of caseloads within the county and make recommendations for the appropriate level of judicial positions and staff.
• The Supreme Court should continue to lead in the pursuit of equitable financing for all courts.
• The Court Equity Fund should be used to enhance court services for all of the courts in the county.

Efficient Utilization of Judicial and Staff Resources

• Maximize the use of assignments to enhance efficiency. (See Judicial Assignment Guidelines II. B.)
• Duplication of services should be identified and eliminated where appropriate (included through the local plan).
• Efficiency and effectiveness should also be measured by the local needs of the public.

Specialization by Need Competencies

• The local plan should address specialization based on local need, experience, interest, competency and be consistent with the then existing requirements of law and constitutional principles.
• The statutes should facilitate the effective and efficient utilization of judicial resources.

Equal Status Among Judges

• All full time trial judges should be equally compensated. (This does not mean consensus on the unified court issue.)
• All trial judges are locally elected state officials and are compensated by the state.
• Commencing in 2001, part-time probate judges shall be prohibited by the Supreme Court from practicing law and their salary will be paid at 60% of a full-time trial judge. In addition, part-time probate judges will be paid a per diem if sitting in a court other than the family division of the circuit court in the county in which the judge is elected.
• Supreme court will review the options available to address the part-time position when a vacancy occurs and make appropriate recommendations to the legislature which are consistent with the local plan.

Judicial Independence

• There is increasing concern of the politicalization of the judiciary, and we would encourage the Supreme Court to take affirmative steps to assure independence from partisan influence at all levels.
• We support the continued efforts to maintain the courts' rights to administer "lump-sum" budgets.

Footnote to entire document: