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Sager v. Borczak

Michigan Court of Appeals
Sep 14, 1983
341 N.W.2d 190 (Mich. Ct. App. 1983)

Opinion

Docket No. 62611.

Decided September 14, 1983.

Robert H. Cleland, St. Clair County Prosecuting Attorney, and C. Denton Wolf, Chief Appellate Attorney, for plaintiff.

Mary Beth Black, for defendant.

Before: GRIBBS, P.J., and BRONSON and BEASLEY, JJ.


This appeal involves attorney fees in a paternity case. The plaintiff, Laurie Lynn Sager, was represented by the St. Clair County Prosecuting Attorney in the paternity action against Louis Anthony Borczak, Jr. Upon a finding of paternity, the prosecutor petitioned for costs and attorney fees of $913.75 ($35 per hour for 19-1/4 hours). MCL 722.717(b); MSA 25.497(b). The circuit court determined that the prosecutor is not entitled to attorney fees under the terms of the Paternity Act. We reverse and remand.

The Paternity Act provides:

"the order [of filiation] shall also provide for the payment of the necessary expenses incurred by or for the mother in connection with her confinement; for the funeral expenses if the child has died; for the support of the child prior to the making of the order of filiation; and such expenses in connection with the pregnancy of the mother or of the proceedings as the court deems proper." MCL 722.717(b); MSA 25.497(b) (emphasis added).

We accept the dicta of another panel of this Court that nothing in the statute quoted indicates that a prosecuting attorney's expenses are not covered by the "expenses of proceedings" section. Oviedo v Ozierey, 104 Mich. App. 428, 430; 304 N.W.2d 596 (1981). The statute does not require that the "expenses * * * of the proceedings" be the mother's expenses. The statute makes no distinction between retained counsel and representation by the prosecutor. In fact, a 1962 amendment to the Paternity Act deleted language which allowed attorney fees only to the prosecutor. 1962 PA 238. See Whybra v Gustafson, 365 Mich. 396; 112 N.W.2d 503 (1961); Houfek v Shafer, 7 Mich. App. 161, 171; 151 N.W.2d 385 (1967).

We remand for consideration of whether attorney fees are warranted under GCR 1963, 526 and 111.6. The circuit court is reminded that a prosecutor's office does not operate like a private for-profit practice; this should be taken into consideration when establishing a reasonable attorney fee.

Reversed and remanded.


Summaries of

Sager v. Borczak

Michigan Court of Appeals
Sep 14, 1983
341 N.W.2d 190 (Mich. Ct. App. 1983)
Case details for

Sager v. Borczak

Case Details

Full title:SAGER v BORCZAK

Court:Michigan Court of Appeals

Date published: Sep 14, 1983

Citations

341 N.W.2d 190 (Mich. Ct. App. 1983)
341 N.W.2d 190