Presque Isle to join with Chebogyan County in new circuit court lineup
There soon could be a ruling from a U.S. District Court judge in the class action lawsuit filed against the state of Michigan and the Secretary of State?s office. It?s the last ray of hope that exists in stopping the breakup of the 26th Circuit Court. Don Field, Local Court Management Council chairman, and a member of the Presque Isle County Board of Commissioners, contacted attorney Richard Soble, who is representing the four counties involved in the suit, and said a decision by Judge Lawson may be forthcoming.
At issue in the suit is voters? rights and the financial hardship that is being created by the break-up of the 26th Circuit Court, which goes into effect Tuesday. The lawsuit states the timing of the effective date of the legislation imposes severe restrictions on the voters affected by these changes.
?…Resulting in the denial of their effective right to vote in the general election of November 5, 2002, (was) in violation of the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution,? the complaint states.
AS A PART of preparations for Presque Isle County to leave the 26th Circuit, and merge with the 53rd Circuit of Cheboygan County, there were employees that work in Presque Isle County who received layoff notices from the 26th Circuit, effective March 31. But for the most part, all of them will be still on board, April 1. As the official day of the court reorganization act draws closer, it becomes more and more clear how much more a year its going to cost Presque Isle County to be a part of the new circuit.
?It?s going to cost the county extra money,? said Allan Bruder, PI county board chairman. ?I think it?s going to cost us, at a minimum, $50,000 a year, than what were paying in the joint court system.? Bruder said it?s an issue that?s beyond the county?s control. ?There?s nothing we really can do about that. They forced that down our throat,? said Bruder.
THE BILL was passed one year ago today by a 55-52 vote of the legislature. Alcona is to join Iosco, Oscoda and Arenac counties in the 23rd Circuit, while Alpena and Montmorency Counties will be all that remains of the 26th Circuit. A few weeks ago a measure introduced by State. Sen. Tony Stamas to reverse the court reshuffling plan failed to pass in the Senate Judiciary committee on a 5-1 vote. The pink slips were sent out early last week.
?All the permanent workers laid off in our county have been rehired,? said Bruder. But on April 1, more help will be needed. ?It?s a net increase for us of one-and-a-half employees, that we have to pay for,? said Field. A laid off recording clerk from
FIELD SAID the situation could have been a lot worse if Judge Scott Pavlich would have had to be sent to Presque Isle County immediately. ?But Judge Kowalski and Swallow have agreed to continue on with their cases and see if they can wrap them up by July 1, so he can ease his way in,? Field said. All new cases that are filed will be assigned to Judge Pavlich who will have motion days on Monday?s in Presque Isle County. All their cases will be transferred to Pavlich in July, so he?ll acquire about 600 cases.
?The other benefit we have is that Judge Radzibon will be serving as a circuit court judge by appointment and he?ll hand the juvenile court, family matters, so that will take some of that pressure off,? said Field. Radzibon will be able to hold hearings, listen to visitation problems, and handle support problems. .