Opinion
99-58.
June 1, 2001.
On order of the Court, this is to advise that the Court is considering the addition of new Rule 1.110 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The following language would be added as indicated below.]
Rule 1.110 Collection of Fines and Costs Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.
Staff Comment: The proposed addition of MCR 1.110 would mandate that fines, fees, costs, and other financial obligations assessed by courts are due at the time of assessment, absent good cause shown. This would be consistent with pilot programs that have been conducted in some courts, and with the assessment standards set forth in Michigan Trial Court Collections: A Design and Implementation Guide for Collections Programs.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court clerk in writing or electronically by September 1, 2001. P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@jud.state.mi.us. When filing a comment, please refer to our file No. 99-58.