LANSING, Mich. (Michigan News Source) – Convicted criminals in Michigan will be expected to continue paying additional local court expenses after Governor Gretchen Whitmer signed another extension onto the law.
The law has historically raised millions for local governments, but does not apply to others using Michigan’s court system. Some judges’ views have ranged from considering it unfair to unconstitutional. Only those convicted of crimes had to pay these fees, not those acquitted.
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Michigan’s Supreme Court oversaw the law which was set to expire this month,
Between 2018 and 2020 the courts collected more than $105 million statewide, with most of those funds coming from District Courts, according to AP News. These courts handle mostly traffic tickets, drunk driving cases and other misdemeanors.
While the Legislature met in September and voted to keep the law for 18 more months, Whitmer officially signed the extension last week.
Rep. Sarah Lightner (R-Springport) said it puts another “Band-Aid on this issue” while a long-term court funding solution can be explored.
The Fines and Fees Justice Center group tracks how states impose fines and fees in courts. Co-director Lisa Foster said Michigan stands out because judges who preside over a criminal case are also given power to order financial penalties that benefit local government.
“The justice system is a core government service,” she added. “It’s supposed to resolve disputes for the entire community and it should be paid for by the entire community, just like we pay for fire protection and police protection and schools, even though we might not have children in schools.”
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People convicted of crimes can be ordered to pay a portion of staff salaries and building maintenance, though some do not order these payments.
While a supporter of the law, Assistant Attorney General Linus Banghart-Linn has said that not a single dollar goes to the benefit of the judge, but is rather a policy decision by the Legislature.
One such case involving a man who was ordered to pay $1,200 in Alpena County will be heard by the Michigan Supreme Court on Oct. 27, after being granted oral arguments in late July.
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