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Lapeer County Clerk v. Lapeer Circuit Judges9/12/2000
FOR PUBLICATION
9:05 a.m.
As amended November 9, 2000
"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, MCL 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 change
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