DISTRICT COURT UPDATE
Summons Article, April 2004
written by
Hon. M. Randall Jurrens

As you may be aware, recently enacted MCL 801.4b authorizes the sheriff to charge a $12 booking fee (to help fund continuing education / training of local corrections officers).  If not paid at the time of booking, the sheriff’s current practice allows a $12 appearance ticket to be paid within 5 days.

The concern becomes if the defendant fails to timely pay the fee:  the statute explodes the $12 booking fee into a state civil infraction with a $100 fine (plus court costs, including a $10 minimum state cost), with the county prosecutor being responsible for enforcement at a formal court hearing. 

In order to avoid the law of unintended consequences, the District Court has implemented a “counter” fine for the civil infraction:  $22, payable through the Criminal Division. 

Naturally, if the defendant contests the civil infraction and requests a formal hearing, the assigned judge is not bound by the counter fine should the defendant ultimately plead or be found responsible.

Although there is no guaranty your client will be satisfied with their booking photo, we can at least try to make payment of the fee as palatable as reasonably possible.

#     #     #