Mich. Admin. Ord. Administrative Order No. 1994-6

As amended through April 3, 2024
Reductions in Trial Court Budgets by Funding Units

On order of the Court, it appearing that a number of court funding units have reduced their original appropriations for the courts for the current fiscal year, this administrative order, applicable to all trial courts as defined in MCR 8.110(A), is adopted effective September 16, 1994.

1. If a court is notified by its funding unit of a reduction of the original appropriation for the court for the current fiscal year, the court shall immediately file a copy of that notice with the State Court Administrative Office.

2. Within 10 days after filing the notice, the chief judge must provide the following to the State Court Administrative Office Regional Administrator:

a. A copy of the court's original budget.

b. A copy of a revised budget in light of the reduced appropriation.

c. A statement of the amount of the reduction in court revenue by source, and a statement of anticipated revenues for the remainder of this fiscal year by source.

d. A budget reduction plan to reduce court operations in light of anticipated reductions in revenue, and an impact statement describing,

i. Any anticipated reduction in the trial court work force that would be required.

ii. Any anticipated reduction in court hours that would be required.

iii. Any anticipated reductions in revenues that are anticipated, by source and by recipient.

iv. The impact on other entities that would occur, including at a minimum potential service reductions, work flow backlogs, and revenue shortfalls. Other entities to be reviewed should include, at a minimum, the youth home (if any), the local jail, the prosecuting attorney (county and municipal), local law enforcement agencies, community mental health agencies, and county clerk's office.

v. The schedule to be used for implementing reductions and for distributing notices to employees, other agencies, etc., and the date funds are estimated to be depleted under the revised budget plan.

e. An emergency services plan which outlines what services are essential and must be provided by the court. The emergency services plan should consider services which at a minimum will preserve rights guaranteed by the Michigan and U.S. Constitutions, and those guaranteed by statute.

If a copy of such a notice of reduction of appropriation has already been sent to the State Court Administrative Office, the additional information required by this section must be provided within 10 days of the effective date of this order. The State Court Administrative Office may grant an extension of time in its sole discretion.

3. After reviewing the revised budget and impact statement a designee of the State Court Administrator shall meet with the chief judge to discuss implementation of the plan and any anticipated need for assistance from other courts to assure provision of emergency services. Thereafter, the implementation of the plan shall begin immediately.

4. The State Court Administrative Office shall monitor the implementation of the plan. The chief judge shall notify the SCAO when budgeted funds are anticipated to be depleted and the date the emergency services plan filed pursuant to this order will be implemented.

5. The State Court Administrator shall reassign sitting judges as necessary to ensure as nearly as possible the maximum use of judicial resources in light of reduced operations, and to assist in the provision of emergency services to affected trial courts.

6. The procedures set forth in Administrative Order No. 1985-6 are not affected by this order and must be followed before the court may institute litigation against the funding unit.

Mich. Admin. Ord. Administrative Order No. 1994-6