IN RE LAPEER CTY. CLERK

• Decision Date: 16 November 2000
• Docket Number: Docket No. 225025.
• Citation: 242 Mich. App. 497,619 N.W.2d 45
• Parties: In re LAPEER COUNTY CLERK. In re Marlene M. Bruns, in her capacity as the Lapeer County Clerk, and the Michigan Association of County Clerks. Lapeer County Clerk and Michigan Association of County Clerks, Plaintiffs, v. Lapeer Circuit Judges and Lapeer County, Defendants.
• Court: Court of Appeal of Michigan — District of US

619 N.W.2d 45

242 Mich. App. 497

In re LAPEER COUNTY CLERK.

In re Marlene M. Bruns, in her capacity as the Lapeer County Clerk, and the Michigan Association of County Clerks.

Lapeer County Clerk and Michigan Association of County Clerks, Plaintiffs, v. Lapeer Circuit Judges and Lapeer County, Defendants.

Docket No. 225025.

Court of Appeals of Michigan.

Submitted April 25, 2000, at Lansing.

Decided September 12, 2000, at 9:05 a.m.

Released for Publication November 16, 2000.

Miller, Canfield, Paddock and Stone, P.L.C. (by Michael J. Hodge and Bernard R. Marinelli), Lansing, for Lapeer County Clerk and Michigan Association of County Clerks.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Darrin F. Fowler, Assistant Attorney General, for Lapeer Circuit Court.

Lange & Cholack, P.C. (by Craig W. Lange and Barbara F. Doolittle), Troy, for Lapeer County.

Barry L. Howard and Julie M. Hirsch, Pontiac, for amici curiae Michigan Judges Association.

Frederick R. Mulhauser, Charlevoix, for amici curiae Michigan Probate Judges Association.

James M. Collins, Marquette, amici curiae for Michigan District Judges Association.

Before: OWENS, P.J., and RICHARD ALLEN GRIFFIN and WHITBECK, JJ.

RICHARD ALLEN GRIFFIN, J.

"As with circuit court, the county clerk is the clerk of the court for the family division of the circuit court." 1996 PA 388, § 1007, M.C.L. § 600.1007; MSA 27A.1007.

This is an original action requesting a writ of superintending control filed by plaintiffs Marlene M. Bruns, in her capacity as the Lapeer County Clerk, and the Michigan Association of County Clerks. Plaintiffs' complaint requests this Court to (1) declare unlawful Fortieth Judicial Circuit Administrative Order No.2000-01, and (2) direct the judges of the Fortieth Circuit Court, Family Division, to comply with Const. 1963, art. 6, § 14, statutes, and court rules by permitting plaintiff Bruns to perform her legally authorized duties as clerk of the court for the family division of the circuit court.

In response to the complaint, Lapeer County has intervened as a party defendant and defendants Lapeer County and Lapeer Circuit Court (Fortieth Judicial Circuit) have filed motions to dismiss. Both defendants argue lack of subject-matter jurisdiction. The circuit court, only, further alleges lack of standing by plaintiff clerks' association and lack of merit of plaintiffs' complaint. Oral arguments have been held on the motions and no genuine issues of material fact have been raised.

We grant the motion to dismiss regarding plaintiff clerks' association on the basis that this plaintiff lacks standing. In all other respects, defendants' motions are denied.

We grant, in part, the writ of superintending control requested by plaintiff Marlene M. Bruns. We declare unlawful those portions of AO 2000-01 that direct family court staff, rather than the county clerk, to perform those duties assigned to the county clerk by statute and court rule, and we direct the judges of the Fortieth Circuit Court, Family Division, to permit plaintiff Bruns to perform those duties assigned her by statute and court rule as clerk of the court for the family division of the circuit court. We declare lawful those remaining portions of AO 2000-01 that delegate to family court staff duties other than those assigned to the county clerk by statute or court rule.

I STATEMENT OF FACTS

On February 2, 2000, the Fortieth Judicial Circuit adopted AO 2000-01 regarding family court operations. AO 2000-01 in its entirety states:

In order to implement the changes required by the legislation creating the Family Division of the Circuit Court (PA 374 and 388 of 1996), to enhance and clarify the procedures to be followed in the new Family Court, to clarify the role of the County Clerk in the operations of the Family Court, to merge the procedures previously followed in juvenile, child protective proceedings and ancillary proceedings into the Family Court, to maintain the Court's data entry system, and to adopt new procedures for efficient administration of the Family Court, the Court issues the following administrative order:

1. The County Clerk will continue to accept pleadings, maintain files and complete entries into the Court's data system in all domestic cases and PPOs and shall be responsible for the care and maintenance of those records.

2. The Family Court staff will continue to accept filings, maintain files, prepare orders and complete entries into the Court's data system in all juvenile cases, child protective proceedings, name changes, adoptions, and ancillary proceedings and shall be responsible for the care and maintenance of those records.

3. The Family Court staff will be responsible for scheduling all juvenile cases, child protective proceedings, name changes, adoptions, and ancillary proceedings. In addition, the Family Court staff will be responsible for making referrals, scheduling hearings, preparation of orders and arranging pretrials and trials in domestic cases. The Family Court staff will make appropriate entries into the Court's data systems of these proceedings.

4. The County Clerk staff will continue to manage the motion day dockets, no-progress docket and non-service dismissals in domestic cases. The County Clerk staff will continue to attend the domestic motion docket sessions of the Family Court and make appropriate entries into the Court's data system of those proceedings.

5. The Family Court staff shall continue to be responsible for all filing fees, receipts, disbursements and accountings for support payments, restitution, administrative and program fees, and child care funds received in juvenile cases, child protective proceedings, name changes, adoptions and ancillary proceedings. The County Clerk shall continue to accept all filing fees in domestic cases for the Family Court.

6. Local Administrative Order 1999-02 is hereby rescinded and replaced by this order.

This order is issued pursuant to MCR 8.112 and will be effective upon approval by the State Court Administrator. The matters covered in this order will be reviewed on an ongoing basis and this order will expire on December 31, 2000, unless extended by order of the Court.

On February 9, 2000, James L. Covault, the acting director of Trial Court Services, State Court Administrative Office, Michigan Supreme Court, advised the Fortieth Circuit Court "that we have reviewed the above referenced Administrative Order and find that it conforms with the requirements of MCR 8.112(B). This order is being accepted and filed until advised by your court of any change."

In their complaint for a writ of superintending control, plaintiffs allege, among other things:

17. The Court's [Fortieth Circuit Court] Administrative Order, No.2000-01 violates Michigan's Constitution, laws, and court rules by preventing the Clerk from performing her constitutional and statutorily mandated duties. Specifically, by issuing and implementing Administrative Order No.2000-01, the Court usurped the Clerk's constitutional and statutory duties with respect to Paragraphs 2, 3, and 5 of the Order....

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18. Both family division judges in Lapeer County (Judges [Clayton E.] Preisel and [Michael P.] Higgins) prohibit the County Clerk from performing her circuit court duties with respect to juvenile matters by preventing her from opening new cases, maintaining the care and custody of the court records, entering data into the Court's JIS system, performing court room functions, preventing the Clerk from assisting the public as well as other judicial staff and employees, and accounting for the court's finances.

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20. Judges Higgins and Preisel further refuse to allow the County Clerk to perform as Clerk of the circuit court with respect to trials.

Defendant Lapeer Circuit Court answered plaintiffs' factual allegations as follows:

18. The Circuit Court admits only that both judges assigned to the family division in Lapeer County (Judges Preisel and Higgins), in the exercise of their discretion, do not require the County Clerk to perform duties such as opening new cases, maintaining the care and custody of court records, entering data into the court's JIS system, performing other courtroom functions, and for accounting for the finances with regard to juvenile matters under the jurisdiction of the family division of the circuit court....

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20. The Circuit Court admits that Judges Preisel and Higgins refuse to allow the County Clerk to perform the clerical duties of the circuit court with respect to trials in the family division for the reason that they have determined that the clerical duties of the family division are more efficiently, economically, and effectively handled by other court employees.

II SUBJECT-MATTER JURISDICTION

In their motions to dismiss, both defendants argue that this Court lacks subject-matter jurisdiction to issue the writ of superintending control requested by plaintiffs. We disagree.

The Michigan Constitution provides that the subject-matter jurisdiction of the Court of Appeals "shall be provided by law, and the practice and procedure therein prescribed by rules of the supreme court." Const. 1963, art. 6, § 10. The Revised Judicature Act (RJA) lists judgments and orders that are appealable as of right to the Court of Appeals as well as orders and judgments that are appealable by leave. MCL 600.308; MSA 27A.308. Pertinent to this action is § 310 of the RJA:

The court of appeals has original jurisdiction to issue prerogative and remedial writs or orders as provided by rules of the supreme court, and has authority to issue any writs, directives and mandates that it judges necessary and expedient to effectuate its determination of cases brought before it. [MCL 600.310; MSA 27A.310.]

Further, subsection 308(2)(e) of the RJA provides that this Court has subject-matter jurisdiction over "any other judgment or interlocutory order as determined by court rule." MCL...