In an unprecedented move, Gov. Gretchen Whitmer on Tuesday issued 147 line-item vetoes in the FY20 budget, affecting more than $947 million in state spending. Although the 2.3 percent increase (about $5 million) for county revenue sharing evaded the vetoes, other line items for specific programs and services provided by counties were hit, stripping away about $60 million in funding for county programs.

“While we see that counties were collateral damage in a fight between the governor and the Legislature, there’s no way to sugarcoat what $60 million in cuts mean to our members,” said Stephan Currie, MAC executive director. “These are significant, troubling reductions. We plan to make a vigorous case to both sides that these results need to be reversed as quickly as possible with a supplemental appropriations bill.”

Among the reductions to county services affected by Whitmer’s moves are:

• $27 million taken from the PILT (payments in lieu of taxes) program that counties rely on to be compensated for public lands that do not pay taxes (49.5 percent of all land in Crawford County, for example, is owned by the state)
• $14.9 million taken from the state’s program to reimburse county jails for housing state inmates
• $13 million taken from funds to aid sheriffs in providing road patrols around their counties
• $4 million taken from funding to counties under the Child Care Fund, which covers Michigan’s foster care system
• $4 million taken from grants meant for county services to veterans
• $2.7 million taken from reimbursements for court-appointed guardians
• $1 million taken from grants meant for county fairs and other exhibitions

Learn more about the situation by listening to a new episode of MAC’s Podcast 83.

A legal challenge to Michigan’s law on local court costs was turned aside July 10 by the Michigan Supreme Court.

The court declined to take up a decision in People v. Cameron from the Michigan Court of Appeals that deemed state law authorizing court costs constitutional.

This decision removes an immediate threat to a key source of funds for Michigan’s trial court system, whose operations constitute the largest unfunded mandate on counties. But legislative action is needed soon to establish a stable funding structure for our courts.

Figures compiled by MAC show that local and court funds constitute more than $900 million for the trial court system, with purely state and federal funds covering about $200 million.

In a concurrence to the order rejecting the appeal, Chief Justice Bridget Mary McCormack wrote, “I recognize that denying leave to appeal in this case will allow our current system of trial court funding in Michigan to limp forward — at least until MCL 769.1k(1)(b)(iii) sunsets next year. Yet our coordinate branches have recognized the long-simmering problems. The interim report of the Trial Court Funding Commission shows a potential way forward that promises to address these (and other) concerns. I urge the Legislature to take seriously the recommendations of the Commission, before the pressure placed on local courts causes the system to boil over.”

With an eye on the then-unresolved Cameron case, the Trial Court Funding Commission (TCFC) released an interim report this spring with five recommendations, including a dedicated trial court fund, more equitable funding across courts, uniform assessments and centralized collections to free court personnel from non-court operations.

MAC supported the creation of the commission and supports its recommendations to ensure a more balanced funding system between state and local governments, more streamlined court operations and separating judicial decisions from operating budgets to improve administration of justice.

“The key point out of this week’s order is that the chief justice is pointing to the commission’s recommendations and this is why we need to ensure the Legislature solves this before the expiration of current law allowing these costs,” said Stephan Currie, MAC’s executive director.

MAC will continue to monitor the progress of the commission and advocate for a fair cost structure that does not expand any unfunded mandates on an already underfunded system.

Michigan’s 83 counties helped announce an innovative partnership with the state of Michigan and a national nonpartisan research group today to use data to identify best practices for jails.

The Michigan Task Force on Jail and Pretrial Incarceration, (#MICJReform) an interbranch, bipartisan body will develop recommendations to expand alternatives to jail, safely reduce jail admissions and length of stay, support crime victims and better align practices with research and constitutional principles, Gov. Gretchen Whitmer announced today at a press conference at the Hall of Justice in Lansing.

Speaking at the same event, MAC Executive Director Stephan Currie said, “Our focus is specifically on county jails and easing the burden on county budgets. Although created by executive order, this task force puts counties squarely at the center, and we’re very happy to launch this partnership together. We’ll all benefit from studying our practices.”

Click here to watch a video of the event.

Public safety, including jails, constitutes the single largest financial commitment from county governments. As detailed at today’s event:

• National sources show Michigan jail populations have tripled in the last 35 years, growing regardless of whether crime was going up or down.
• With crime now at a 50-year low, hundreds of thousands are still admitted to Michigan jails every year, and people are staying in jail longer on average than before.
• Today, half of the people in Michigan’s local jails are un-convicted and constitutionally presumed innocent while they await trial.
• Many of these individuals are in jail because they cannot afford bail, not necessarily because they are a flight risk or threat to public safety.

The task force will be supported by technical assistance staff from the Pew Charitable Trusts.

“The focus here will be on using data to drive solutions. Everyone is entering this effort with no preconceived notions and we are eager to partner with the state, Pew and others to make Michigan a leader in public safety,” Currie said.

 

LANSING, MICH. – A state panel charged with recommending reforms to Michigan’s trial court system issued an interim report today with five proposals that offer promise for solutions to this longstanding challenge, but counties see much work remains in Lansing on this issue. The Trial Court Funding Commission released its work early due to pending litigation (People v. Cameron) at the Michigan Supreme Court that could affect the current funding streams for trial courts.

“These recommendations are a solid beginning on this vital issue. MAC is grateful for the work of Monroe County Administrator Michael Bosanac and his colleagues on the commission,” said Stephan Currie, executive director of the Michigan Association of Counties (MAC). “However, the central challenge remains – finding a stable, comprehensive funding system for our courts. With the potential effects of a Cameron decision looming, counties are eager to get to work with lawmakers on a permanent funding fix.” The commission’s interim report highlights five recommendations:

· Establish a stable court funding system

· Provide all court technology needs

· Establish uniform assessments and centralized collections

· Move toward a uniform employment system

· Establish a transition plan for a new court funding model to be established by the Legislature

Trial courts are the largest unfunded mandate on county governments in Michigan, with local funding accounting for nearly half the $1.14 billion to $1.44 billion in estimated costs. The commission was formed by the Legislature in response to People v. Cunningham, a Michigan Supreme Court decision that determined state law does not provide trial courts with independent authority to impose any court cost on a convicted defendant. The commission will continue to meet until its statutory expiration of Sept. 28, 2019.

More than 300 county leaders from across Michigan heard Gov. Gretchen Whitmer make her case for increased infrastructure funding, arguing that Michigan must fund such work “at the pump.”

Whitmer made her comments during her keynote address to the conference on Tuesday, March 26 at the Lansing Center.

“On behalf of our members, I thank Gov. Whitmer for giving so generously of her time to talk to us this week about the challenges facing Michigan, particularly road funding,” said MAC Board President Ken Borton of Otsego County. “As front-line elected officials, county commissioners know all too well the frustrations of Michigan residents on infrastructure. We are eager to work with the governor and Legislature to find the necessary revenue and distribute it properly to get our roads back in proper shape.”

See her presentation in the 2019 Legislative Conference Presentations folder of the MAC archives.