*1 705 Hillsdale Dist Court 1985] JUDICIAL DISTRICT and JUDGE OF THE SECOND EMPLOYEES v HILLSDALE COUNTY COURT COUNTY v OF CHEBOYGAN BOARDOF COMMISSIONERS CIRCUIT JUDGE CHEBOYGAN (Calendar 12, 6, 73180, Argued 1985 Nos. Docket Nos. 73952. March 13). 2, 1985. December Decided Court, employees of the Second Judicial District' Second Division, litigated right successfully from the to withdraw their retirement-pension system, County system. the Under percent wages employees county paid three of their into of the county paid percent four the retirement fund and the Thereafter, gross wages employ- employees. of all nonunion agreement providing the court ees of the court reached an four-percent paid by county into that the benefit otherwise paid directly employees. After the the fund would be to the part agreement county court submitted the to the as of its wage budget proposal, county four-percent deleted the response, order increase. In the court issued an administrative directing pay Upon county’s county to the increase. refusal, brought employees judge an action against county, seeking in the Hillsdale Circuit Court to compel county compensation to fulfill the terms of the court, agreement. county filed a counterclaim. The Ken- Glaser, Jr., J., payment neth B. found that of the increase county would have no adverse effect on the fiscal affairs of the pay that failure increase would have no adverse However, operation effect on the of the court. concluded that preponder- county it was the burden of the a fair show [1, [2, [5] Inherent See the annotations See the annotations in the ALR3d/4th 3, Am Jur Attorneys’ Fees. Public 7] Am Jur Am Jur Officers 2d, purposes. Costs References 2d, 2d, of court Public Officers and Public §§ 59 ALR3d Employees. 72 et Funds the ALR3d/4th for Points seq. 569. compel appropriation §§ et Employees in Headnotes seq. Quick Quick §§ Index under Index under 431 et of funds for seq. topic topic 423 order was unrea- that the administrative of the evidence anee reasonable, sonable, and, finding ordered the that the order was comply order. The defendant with the administrative 74846) (Docket Appeals appealed and was No. *2 prior Supreme granted appeal to decision the to to leave Appeals. by the Court of Cheboygan judge administrative Circuit Court issued County County directing Cheboygan the Clerk and orders the wages pay provide certain benefits for a to the of and Treasurer greater provided part-time employee for than those in amounts part-time employees, requiring county-funded the other any to reduce to refrain from efforts clerk and the treasurer budget. it enforceable The order stated was the court Cheboygan County through contempt power. court’s the clerk, Commissioners, county county and the the Board brought complaint superintending control in the a for treasurer Supreme parties Supreme Court directed the Court. The (1) among whether a circuit court the issues briefed: include appropriate may for court funds direct commissioners (2) order, operation by of an administrative whether means employ judge may the court’s outside counsel to defend circuit (3) proceedings, fees are and whether counsel’s interest these together necessary case and to submit the reasonable County. Hillsdale joined by opinion by Levin, Boyle, Justices In an Justice Supreme Cavanagh, Court held: Brickley, which, authority if reasonable A has the to set salaries court unit, funding appropriations must of the local and within funding provide adequate paid by units must the unit. Local statutorily funding fulfill their mandated for the courts to 8.112(B) provide authority a court does not for functions. MCR funding through compel expenditures by adminis- local units funding unit are orders. a court and a local trative Where funding agree, and the court seeks excess of unable to may appropriations, court institute suit and must bear necessary proving appropriation is that the it seeks burden statutorily performance function or of a mandated to the functions. 600.8271; court MSA 27A.8271 authorizes district 1. MCL appoint employees compensation. The autho- and to fix their legislative place represents determina- a intent to such rization Legislature courts. The did not tions under control of the intend, however, funding approving unit be limited to that the by Compensation must fall within amounts fixed the courts. funding appropriations unit. Where a court of the local Dist Court v expenditures beyond appropriations determines additional function, required statutory may are to fulfill a institute suit proving expenditure and bear the that the burden is neces- sary compensation to fulfill the function. The restriction that employees appropriations be fixed within set the local unit, funding cannot be read to defeat a claim that an amount appropriations necessary excess to fulfill a function Legislature. permit mandated To do so would legislative by funding intent to be frustrated a unit’s failure to provide necessary Legislature funds. Where the has statute granted authority duty, or created a the local unit provide adequate funding not refuse to to fulfill the function. apparent Legisla- This construction carries out the intent of the appoint employees ture that the courts are free to and set appropriations, provides yet salaries within overall means for the court to obtain additional funds where it demon- they perform necessary statutory strates that are function. 2. The issue in Hillsdale is whether the district control unit authority salary has the to decline to fund increases for district employees alleged proven which were not to be neces- sary statutory provide to maintain a function of the court or to Hillsdale, justice. for the overall administration of *3 judgment must be reversed because the court did undertake prove expenditures required that additional were to fulfill court, statutory function of the and there is no record basis funding jeopardized and no claim that the level of the overall operation of the court or a constitutional function. On record, possible expendi- it is not to conclude that additional beyond appropriations may compelled. tures be The issue in Cheboygan may employ is whether the trial court an adminis- compel funding appropriations. trative order to in excess of 8.112(B), compel Under MCR use of administrative orders to payment requested funding inappropriate. clearly is The rule may states a trial court issue an administrative order governing only management internal court and thus does not compel authorize trial courts to issue administrative orders to appropriations. inherent-power analysis implicated 3. While is when jeopardy, analysis inapplicable functions are in such is in these Hillsdale, proof cases. On the record there is no that the salary required by any additional items were be funded inherent-power formulation of the doctrine. Public confidence awaiting in the decisions of the courts will be fostered proper development relationship record for further of the be- judicial independence separation tween and the doctrine of 423 Mich powers. opinion in Hillsdale was not of the trial court constitutionally power to com- conferred on an asserted based employees; compensation pel court for the district increased impairment statutory premised function. of a on an nor was pendent con- Cheboygan, order and the the administrative applicable appropriate tempt proceedings under the were not court rule. Hillsdale, reversed. Cheboygan, and remanded. administrative order vacated realized, financing to avoid conflicts full court Until state funding regarding units unsub- the courts and local between issues, proce- marginal appropriation provide a stantial or between courts to resolve substantial differences dure funding of constitutional or statu- units that rise to the level courts, neglect protecting tory while the mandate budgeting guidance provide and dis- to the courts in effective units, funding involving pute and to courts and local resolution prepare provide data base to for administration a centralized Supreme adopted financing, Court an ad- full court state funding provided: which ministrative order on court appropriated proposed and annual 1. A court must submit its budget supplements at the to the State Court Administrator funding receipt unit. to or from a local time of its submission If, funding appropriations, a the local unit has made 2. after provided operations by the funds for its court concludes that properly funding the court to unit are insufficient to enable legal necessary: perform action is its duties and days Legal thirty after the court a. action be commenced dispute Administrator that a exists has notified the State Court funding funding regarding the court and the local which accompa- to resolve. The notice must be unit have been unable regard- approval judge of the court of the chief nied written proceedings. additionally ing The court must commencement supply with all facts relevant to the State Court Administrator funding dispute. period may extended the State thirty days. Administrator for an additional During waiting period, Administrator the State Court b. attempt local to aid the court and involved must resolving dispute. unit compel funding that a civil action to c. If the court concludes *4 assign necessary, must the State Court Administrator is judge preside the action. to over disinterested joined by Justice Chief Justice Williams and Riley, Justice Ryan, dissenting, should that an administrative order stated power by to in the exercise of its inherent not be used a court 2nd Dist Court v Hillsdale Co compel funding operations. for court Where accord cannot be legislative funding authority, reached with a a court should proving funding initiate a suit and bear the burden of that its request necessary operation. and to the reasonable court’s power controversy, an inherent a court should be able to employ attorney outside and to counsel recover reasonable fees. However, proving the court should bear the burden of that the requested fees are reasonable. judge presiding judge 1. The chief of a circuit court and the appoint authority employees of a district court have the to compensation provided appropriations to fix their within county governing body board of commissioners or the addition, district control unit. In the courts have the inherent power operational necessary to determine reasonable and needs, them, budget provide compel establish and to funding, power but the cannot be broader than established compels power need which its exercise. The is not absolute. Implicit separation powers concept in the doctrine of is the government usurp that one branch of must not the functions of branch; power another nor should one branch’s be unchecked implicit spirit cooper- another. Also in the doctrine is the among government operate ation the branches. For the smoothly, engage each branch must in some activities constitu- tionally province powers within the of another. Such to cross over into the realm of another are not branch incidental and exclusive, crossing branch over must bear burden establishing the need for the intrusion. While the appropriation Legislature, is the exclusive domain of the it is absolute, not be exercised so as to divest the judiciary ability independently to function and effec- tively. Act, Budgeting Accounting 2. Under the admin- Uniform government may only spend istrative officers of local units of money Money as authorized their boards of commissioners. may not from be transferred one account to another without approval. Lump-sum appropriations budgetary board are elimi- appropriations permitted. nated and line-item are are Courts government meaning not local units of within the of the act county authority and thus a does not have to exercise line-item Courts, however, budget. control over the court’s should make good-faith by submitting efforts to accommodate boards budgets compliance with the act. so as facilitate boards’ govern only An 3. administrative order should be issued management, compel internal court not to for reason- necessary operations. able and Where accord cannot be *5 Mich funding authority, legislative a court should reached with the funding proving that its the burden of suit and bear initiate operation. necessary To request to the court’s is reasonable and only necessary, be the need should reasonable and be relative, practical shown to be but should be rather than justice. A reasonable the effective administration needed for provide the means necessary a court with standard would and effectively carry the consti- out its functions as mandated inappropri- clearly Application renders of the standard tution. compel appropriations. original mandamus action ate an disputed compel performance aof will not lie to Mandamus plain legal duty. fact, only there is a and clear but where funding prove requested 4. burden of a court to The require employ necessary the court and would reasonable litigate of a interests. The inherent counsel to its outside practi- reasonably required powers its includes those Attorney a result thus be fees incurred as cal exercise. proving reasonable- reasonable. The burden recovered where Among be taken the facts which should is on the court. ness (1) determining the reasonableness are into consideration (2) attorney, standing experience professional of the (3) time, involved, question skill, amount in labor (5) (4) case, achieved, difficulty of the the results (6) incurred, length profes- expenses of the the nature and relationship An award of fees should be with the client. sional finding appears upheld the trial court’s on review that unless an abuse of discretion. of reasonableness was agreed Riley, Justice but wrote Justice Williams Chief presented separately in these cases are the issues to note that peculiar parties, and uncommon. to the nor rare neither statutory duty question of a clear there is no either Where obligation governmental entity pay the reason- an or of obligation obligation, payment will of the ableness appropriating payment county, of court funds for A enforced. exercise, legislative power employees, but has no subordinate Legislature in an executive out the mandate of carries exercising statutory capacity. power, a court does not exer- Legisla- discretion, a mandate of the own but enforces cise its contrast, power, protects exercising By a court inherent ture. tripartite system gov- position within its constitutional ernment. cases, statutory mandate to enforce. is no clear In these there compensation payment only Legislature mandated when appropriations provided by the counties. The courts was within pro- appropriations seeking compensation not within the were 2nd Dist Court counties, appropriations. vided but in excess of the phrase appropriations provided” delegates "within to local legislative units discretion to determine the maximum result, appropriation. legislative As a a court has no clear pay compen- mandate to enforce unless the local unit refuses to appropriations provided.” appropriate, sation "within If en- only forcement can be effected the exercise of the court’s power.
Opinion op the Court *6 Appropriations — op — — 1. Courts Local Units Government Compensation op Employees — — Administrative Orders Litigation. authority employees A court has the to set the salaries of its which, appropriations if not unreasonable and within the of the unit, funding paid unit; not, by local must be the a court does however, authority compel expenditures by have to local fund- ing appropriations through units in excess of administrative orders; where a court and the local unit are unable to agree expenditures, on such the court institute suit and proving appropriation must bear the burden of that the it seeks performance statutorily is needed to fulfill the of a mandated (MCR 8.112[B]). function or functions Dissenting by Opinion Riley, J. Appropriations — —
2. Courts Administrative Orders. An administrative order should not be used a trial in court the power compel legislative funding exercise of its inherent to authority appropriate necessary reasonable and funds for operations; where accord cannot be reached with the funding authority, a court should initiate a suit and bear the proving budget requests burden of that its are reasonable and necessary. Appropriations — — — Separation 3. Courts Inherent Power of Compensation Employees. — Powers of judge presiding judge The chief of a circuit court and the of a authority appoint employees district court have the and to compensation appropriations provided by Gx their within the governing body board of commissioners or the of the unit; addition, district control the courts have the inherent power necessary operational to determine reasonable and needs, budget them, provide compel to establish a and to funding; power absolute, however, subject is not and is (Const coequal government check the other branches of 423 600.8271; 27A.591, 600.591, 3, §2; MSA MCL art 27A.8271). — Appropriations — Units of Government. Local 4. Courts meaning government of units of within not local Courts are Accounting subject Budgeting Act and are not the Uniform (MCL seq.; appropriations 141.421 et MSA to line-item seq.). et 5.3228[21] Attorney Litigation — — — Fees. Power Inherent 5. Courts may employ and recover reasonable outside counsel A court litigation; prov- attorney the burden fees in inherent court, attorney ing is on the fees the reasonableness among in determin- to be into consideration the factors taken professional standing ing of the fees are the reasonableness skill, time, attorney, experience labor achieved, involved, question and the results the amount incurred, case, expenses difficulty and the nature and of the relationship length professional client. Opinion Williams, C.J. Statutory — — Appropriations — Inherent Power
6. Courts Power. duty statutory question of a clear there no either Where obligation governmental entity pay or of an the reasonable- obligation obligation, payment will en- ness of forced; compelling payment, not exercise such a court does discretion, Legislature; but enforces a mandate its own *7 contrast, protects exercising power, its in system govern- position tripartite within the constitutional ment. Employees Compensation — — Appropriations — 7. Courts Statutory Power. provisions ffx in Judicature Act that courts The the Revised employees appropriations compensation within of their delegates provided by funding units to the local units local legislative maximum amount of the discretion determine the legisla- appropriations; provisions afford the courts no clear pay unit unless the local refuses to tive mandate to enforce (MCL 600.591, compensation appropriations within 27A.8271). 27A.591, 600.8271;MSA Lambright Ellis, Loren, & Kevin G. Shirk (by Shirk) of the Second Judge and Employees for District Court. Hillsdale Dist Court v op Opinion the Court Hoíñus, & Nantz, Wood, Cooper Rankin
Clary, White, H. Nantz, John Robert W. Philip W. (by Essen) for Che- Douglas W. Van Gretzinger, and Commissioners. Board of County boygan Parker), B. P.C. James for Hayes, & Parker (by County. Hackett, Jr. P. Wesley H. Starr James and Bilitzke, counsel), B. Cheboygan (<Joseph Judge. Circuit determination require J. These cases
Boyle, an administra- may employ a trial court whether appropri- in excess of compel funding tive order to to guide of a procedure and consideration ations of conflicts expeditious resolution the fair funding units. and local judiciary between is the funding crisis governmental began in this state backdrop for these conflicts explosion 1970’s. An early the late 1960’s and courts, new judicial the creation of new litigation, inflation, remedies, the introduction of unioniza- sector, unemploy- substantial public tion into the ment, to tax increases cre- public resistance competition between the courts and ated increased tax revenues. government of local for local units if our system would be benefited 6, 1, art was court of Const justice,” "one § While state Legislature. financed the State funding local of state undertaken to eliminate has 27A.9947, functions, 600.9947; relief MCL MSA and in in Detroit forthcoming primarily has been disparity The result has been Wayne County. of services. delivery compensation has become an of tax revenues The allocation units. for local more difficult task ever court staff improve local The need to maintain *8 423 Mich Opinion the shortage of funds. is confounded and services independent judges the who should Local political increasingly process in- themselves find political give-and-take in the volved process. appropriation disturbing perplexing situation, we In this guidance attempt provide con- resolution of for sup- development of data basis for the flict and a porting financing by procedures toward statewide further movement in the adminis-
set forth appendix, effective as an order attached trative upon judgment orders. of the Court’s issuance
I. Facts County A. Hillsdale County a contribu-
The of Hillsdale established plan employees tory con- which retirement percent county percent four and the tribute three employ- wages county gross non-union of all employ- previous action, the court ees. In a district judg- county obtained a circuit court ees for that ment declaring they against county could plan; they entered from the thereafter withdraw judge increasing agreement their into an compensation by percent county four that the plan, required would, under have been contribute. pay provide county funds to refused to
When compensation, the district court the additional directing administrative issued an county order percent pay to the additional four county again employees. and the refused judge employees this commenced action and the county. compel payment the circuit court to injunctive relief. filed a countersuit judge payment of the found that The circuit *9 Dist Hillsdale Co Court v Opinion of the Court adversely county would not affect the and increase increase not ad- that to the would pay failure the of the district court. operation affect versely that the administra- Placing proving the burden of on county, was unreasonable the the tive order the order circuit held that was reasonable judge the obliged pay the was to in- county and that the Court salary. county appealed The to creased application an for leave to Appeals filed appeal to this Court before issuance of a decision granted May on Appeals. the Court We leave 17, 1984.
B. Cheboygan County county asked the to Cheboygan judge
The circuit $5,619.25 part-time mediation clerk. provide for agreed provide of commissioners The board $2,400 for employ part-time one employee one at rate of day full seven-hour each week the $4.93 However, per judge part-time hour. the hired a and di- Vi per clerk for 17 hours week mediation per hour and receive paid rected that she be $5.91 vacation, medical, leave, hospital pro-rata sick part- that county benefits. The policy insurance bene- county do not receive such employees time stating fits. that adopted The board resolution the receive employee fringe would not benefits hour with paid per would be accordance $4.93 paid policies part-time personnel for all county funds. county 6, 1984, judge the Adminis- January issued On 1984-1 the requiring county trative Order that agreed wages upon by and benefits the provide the extent county The decided to judge. comply $2,400 appropriated part-time for previously 1984, the In March county circuit court employees. it did consider not judge advised salary necessary to be reasonable employee’s Mich Opinion of the Court operations to the court’s and that it would $2,400. appropriate beyond county funds charge fringe took costs steps also benefit 28, $2,400 On March against appropriation. 1984, entered Administrative judge the circuit 1984-2, alia, requiring, county inter Order altering budget refrain from of the court with- the court. admin- prior out written consent of it was istrative order warned that enforceable 3, April through judge’s contempt power. On why issued an order to show cause judge contempt held clerk should not be or- with the administrative comply failure *10 1984, clerk, board, the county On April der. a for imme- and the treasurer filed motion county complaint superin- diate consideration and a for a tending with Court. filed judge control this judgment counter-complaint declaratory county sought requiring payment by an order defending in the case fees incurred attorney granted county’s This Court. before this and ordered motion for immediate consideration a calen- argued submitted as case be County the Hillsdale ap- together dar case parties, hearings stipulation On peal. administrative orders to enforce the circuit court adjourned. were 8.112(B) provide does not that MCR
We hold and conclude authority compel expenditures to a reached between cannot be agreement that when initiate unit, the court court and a proof1 regarding burden shall bear suit first Our appropriations. in excess of expenditures administrative requires vacation conclusion in Che- contempt proceedings pendent order and 1 involving authority present question of a These cases do Livingston agreements, negotiate bargaining collective court (1975). 265; Livingston Judge, Our 393 Mich NW2d Circuit question. opinion to reach this is not intended Hillsdale Co Dist Court v op Opinion the Court Judge. Circuit Cheboygan Comm’rs v boygan Co requires discussion second conclusion Our in Em- presented to the situation applicable law Dist v of the Second Judicial Judge & ployees Co. Hillsdale Analysis
II. is whether the district The issue unit to decline to fund authority control has which employees increases for district salary proven necessary to be alleged were not court or to statutory maintain function of the justice. for the overall administration provide a court may Cheboygan the issues are whether appropriate funds means direct a order and whether circuit an administrative counsel to defend the court’s judge may employ proceedings. interest these has inherent government Each branch of preserve authority. its constitutional any one certainly It was never intended through department, edged the exercise of its acknowl- powers, prevent another should be able fulfilling responsibilities to department from its [O’Coin’s,Inc v people under the Constitution. Treasurer, 507, 511; Worcester Co 362 Mass (1972).] *11 NE2d 608
However, indispensable ingredient an government is that coequal of branches of concept lim- respect and recognize must "each branch the boundaries of authority its own its on to the other branches.” United delegated authority Will, 471; 66 L v 228; 101 S Ct States 449 US (1980). Ed 2d 392 in the Hillsdale case has been asserted
No claim
function,
of
operation
the overall
statutory
that a
718
423 Mich 705
Opinion op the Court
court,
a
function2
in jeop-
constitutional
is
2
dealing
funding
An
of the cases
with
of the courts
examination
disputes.
the kinds of
reveals two dimensions to the
expenses
the
The first involves
Second,
power
compel funding
to
is
for which
asserted.
reviewing
disputes
ap
taken three
courts
such
have
distinct
proaches to the issues before them.
expenses
power
compel funding
In the
of
for which the
to
has
kinds
along spectrum.
kinds of
been asserted can be classified
first
cases,
court,
sought
necessary
conducting
funding
specific
is
for a
matter
to
sought
disputed.
propriety
the amount
is not
These
and the
of
expenses
by somewhat unu
cases have often involved
necessitated
sual,
See,
emergency,
e.g., O’Coin’sv Worcester
even
circumstances.
(1972)
Treasurer,
507;
(tapes
tape
362 Mass
district
600.8271; MSA 27A.8271.
MCL
compensation,”
from the
However,
unable
to conclude
are
we
expenditures
in that
additional
record
compelled.
appropriations
beyond
the 74th Judicial
Judges of
This Court held
Co, 385 Mich
710; 190
219
Bay
v
NW2d
Dist
that
(1971),
Legislature
that
the directive
compensation
fix
of its
appoint and
the court shall
intent
place
represents
legislative
employees
district
control
those determinations
to fix
authority
The court has the
judge.
salaries,
appropria-
if
within
which
reasonable and
Sturgis v
tions,
unit.
funding
paid by
must be
(1955).
Co,
209;
56
Allegan
Mich
72 NW2d
We
343
conclude, however,
phrase
that
are unable to
. .
provided by
.
dis-
appropriations
"within
unit,”
27A.8271,
600.8271;
MCL
MSA
trict control
Legislature
is a determination
grounds
on the
that the
otherwise
either
statute would
be unconstitu-
tional,
ground
legislative
or on the
statute constitutes a
See,
recognition
e.g.,
judiciary’s
power.
Grimsley
inherent
v
State v
Treasurer,
Co, supra;
Twiggs
supra;
v
O’Coin’s Worcester Co
Co,
Superior
313;
(1976);
264
61
Court of Marion
344 NE2d
State
Ind
(1981)
Taulbee,
417;
66
423
ex rel Johnson v
Ohio St 2d
NE2d 80
statute).
(discussion
prior
approach
resolving
third
such
disputes
is either held to
or the court’s
not been followed.
P2d 811
statutory
cases,
solely
analysis.
on
In these
based
a statute
need,
provide
authority
sufficient
to meet the court’s
statutory procedures
held to fail
claim is
because
have
See,
Co,
e.g.,
75;
v Cochise
113 Ariz
546
Deddens
Fawell,
(1976);
Court,
Knuepfer
supra;
v
Pena v Second Dist
(Colo, 1984);
Cunningham,
legislative judgment
made in advance
must be
(On Rehearing),
Judges Wayne
Wayne
Co
public
v
funds.”
Circuit
all
386 Mich
Brennan,
opinion
(1971)
(separate
24;
190 NW2d
J.).
analysis suggested by
statutory
Justice Brennan that the
We note
not
involving
dispute
His
applicable
courts.
directly
district
to a
jurisdiction
upon
express
over the
analysis
circuit courts
"exclusion” of
an
rested
legislative powers granted
general
from the
Judges
46.11;
Wayne
v
5.331. See
Circuit
MSA
boards under MCL
(On Rehearing), supra
"exclusion”
Wayne
at 14-15. No similar
Co
concerning the district courts.
exists
Comm’rs,
Wayne
Wayne
Bd of
Co Prosecutor
5 Cf.
(where
(1979)
statutorily
114;
Legislature
App
imposed
has
Our
Ques
In re Certified
Legislature,
intent
(1982).
tion,
558;
board,”
23,
Stat
2683.
Ill Rev
ch
¶
Director,
Likewise,
232;
Salary
87 Wash
in In re
of Juvenile
2d
(1976),
Supreme
interpreted
Washington
P2d 163
phrase
county
*15
compensation
of
which shall
fixed
the board
"receive
power
preclude
to fix
a claim of
commissioners” to
power
appoint.
salaries
from
to
inferred
authorizing
judge
a
to fix
Other
have held that statutes
courts
delegate
funding
do not
discre-
salaries "with the consent” of a
unit
power
tionary legislative
to
the board and do not extend the
Comm’rs,
Pershing
requests, Young
budgeting
Co
n
v
veto reasonable
(Tex
Martin,
supra;
Civ
2
App,
Co
Court v
We view clear 8.112(B) rule, that MCR does not authorize to issue orders to com- trial courts administrative pel appropriations. rea- has been no determination of the
As there fees attorney incurred sonableness with his circuit connection judge Cheboygan Court, remand for before this we representation the attor- the reasonableness determination 49.73; MSA fees incurred. MCL ney 5.826.8_ 1963, 927.2, 8.112(B),substantially as the same former GCR MCR provides: “(B)Administrative Orders. "(1) governing only may A trial court issue an administrative order management. internal court "(2) during sequentially Administrative orders must be numbered E.g., year Administra- of their issuance. Recorder’s Court the calendar tive Orders 1984-1,1984-2. “(3) date, must be sent Before its effective an administrative order the state court administrator. If court administrator to the state directs, stay court shall revoke it. A trial court the effective date an administrative a trial an submit such order order or shall the-Supreme Court as a court rule.” local 49.73; provides: MSA 5.826 MCL employ county an of a shall "Sec. 3. The board commissioners sheriff, officers, including represent county attorney elected clerk, treasurer, county county prosecuting attorney, tive, surveyor, execu- deeds, commissioner, public inspector, register mine drain district, commissioner, county probate, judges works matters, defendant, when neither courts in civil as circuit prosecuting repre- attorney corporation counsel is able advice, counsel, Legal particular shall or court action officer. sent the *16 423 705
724 op Opinion the Court
III. Conclusion in of "foursquare” support This has stood power, doctrine of constitutional (On Rehearing), Judges v Wayne Circuit Wayne However, against the standard supra, 386 Mich 8. has not measured authority such is to be which Indeed, original Black-Deth been articulated. Judges Wayne v Wayne Circuit opinion mers (1969) Co, 10; (adopted by 436 383 Mich NW2d rehearing), possible references several the Court on .9 tandards s dissenting of our agree the statement We is im- colleagues power analysis an inherent that are in jeopardy. functions plicated judicial when Post, p 743.
However, simply inapplicable this observation is no us. this record there is to the cases before On proof salary no the additional allegation and item(s) formula- required by any be funded were inherent-power doctrine. tion of the rests judicial power ultimately An assertion cir- thoughtful citizens. Where on consent right and the record cumstances demonstrate relief, sup- supports history public demonstrates fairness, propriety, port. Public belief essential. Therefore we of our decisions is justice required only an official this section in a case which involves be act under duty attorney shall or the office of officer. compensation by the board receive of commissioners. This section shall as shall be determined reasonable supersede section 8 of Act No. Michigan being 691.1408 of the 170 of the Public Acts section Compiled Laws.” following: possible "reasonably neces These standards include obligation,” Wayne Judges sary Circuit to fulfill the constitutional Co, 33-34, 36, serviceably Wayne supra, as a co 383 Mich "functions government,” Michigan’s equal of critical "ascertainment branch of (it and, is here if that ascertainment be affirmative needs indeed), determining the reasonableness unreasonableness situation,” required urgency monetary amount meet pressing” "critically needs. Dist Hillsdale Co Court v Opinion of the Court public willingness defer to the observation "ultimately and abide a court decision accept moral confidence its public on sustained rests Carr, 369 US 186, 267; Baker v 82 S Ct sanction.” J., dissent- (1962) (Frankfurter, 691; L 2d 7 Ed *17 ing). be fostered confidence will judgment
In our such develop- a for further awaiting proper record indepen- the relationship ment of between separation powers. of dence and doctrine & Employees trial court in opinion Hillsdale Co of the Second Judicial Dist v Judges constitutionally on con- not based an asserted was for compel compensation increased ferred nor it premised court was employees; the district function. There- impairment statutory on an of a fore, we reverse. 1984-1 1984-2 and
Administrative Orders Cheboygan contempt proceedings pendent Judges Circuit Cheboygan Co Comm’rs were 8.112(B). we Accordingly, under appropriate MCR We to the proceedings below. remand vacate a Circuit Court determination Cheboygan 49.73; under MSA reasonable fees MCL attorney entry appropriate 5.826 and of an order. costs, public being question
No involved. JJ., concurred Levin, Brickley, Cavanagh, Boyle, J.
Appendix present anomaly constitutionally financially functions statutorily mandated state op- on often governments local dependent —which trial courts on a limited tax base —leaves erate position. and perplexing a vulnerable financing is full state court Until such time as Mich 705 Opinion op the Court several accomplish realized, important it is governmental First, in the interest objectives. separa- principle to the in deference comity and to avoid conflicts important powers, tion of funding units local courts and between state appropriation marginal unsubstantial arise over procedure to have a Second, necessary it is issues. there that where insure that will a data base and its a court between difference is a substantial or statu- constitutional that rises to a funding unit effectively but prudently the court can neglect tory guidance to give Finally, mandate. its protect dispute budgeting and in effective the courts units, and local involving courts resolution of full state for the administration prepare and to broader, need for there is a financing, court budgeting. on trial centralized data base and in furtherance those concerns response Administra- following adopt goals, of these we the judg- issuance of effective on to be tive Order cases: in the instant ment order *18 Order Administrative 1985-6 No. Disputes Funding Funding; Between Funding Units; and Local Courts Budgets Submission I all trial applies Order This Administrative 8.110(A). in MCR courts as defined II appropri- proposed submit its A court shall thereto budget supplements or any annual ated of its the time Administrator at the State Court Dist Court v Hillsdale Dissenting Opinion Riley, J. receipt submission to or from the local funding unit or units.
Ill If, after the local funding unit or units have appropriations, made their a court concludes that provided the funds operations for its its local funding unit or units are insufficient to enable the perform to properly its duties and legal that action is procedures necessary, set forth in this order shall be followed.
1. Legal action may be commenced 30 after days the court has notified the State Court Administra- tor that a dispute exists regarding court funding the court and the local unit or units have been unable to resolve. The notice must be accompanied by a written communication indicat- ing that the chief judge of the court approved has the commencement of legal proceedings. With the notice, the court must supply the State Court Administrator with all facts relevant to the fund- ing dispute. The State Court Administrator may extend period this for an additional 30 days.
2. During the waiting period provided in para- graph the State Court Administrator shall at- tempt to aid the court and the involved local funding unit or units to dispute. resolve the If,
3. after the procedure provided in paragraph followed, has been the court concludes that a civil action to compel funding is necessary, State Court Administrator shall assign a disinter- judge preside ested over the action. procedures provided in this Administrative do not apply portion
Order to any of a court’s budget funded the state. *19 J. (dissenting). These cases were consoli-
Riley, dated to enable this Court to decide whether an 423 Opinion Dissenting Riley, J. may a trial used order be administrative compel power to of its inherent the exercise
in necessary appropriations for court and reasonable operations; employ may judge the circuit whether in interest the court’s to defend counsel outside proceedings; fees and, counsel’s whether these necessary. reasonable were struggle continuing These cases evidence legislative judicial branches between carry government efforts to conscientious their delegated Michi- under the to them the duties out opinion purpose gan is to of this Constitution. fairly principled procedures resolve, as forth set possible, expeditiously conflicts which those as and necessarily legislative re- branch arise when funding requested by approve fuses opera- necessary court for reasonable branch tions. addressing issues, that one is reminded these genius of a was the creation of our forefathers
the tripartite independent government; three form of dependent government on each other branches independent whole; three the survival of recognize government their that which branches powers to weaken not be exercised must exclusive branch, the destruction lest it lead to another the whole. continuing legacy has that faith this
It is our my republic endure, it is faith our enabled in the vitality balance of that delicate today. implicit legacy I reaffirm in this that would deciding majority, these may argued, that as does the It doctrine of the constitutional need not address cases we upon statutory authority be relied power because there is decide the instant cases. agree. I believe issue because I address the constitutional . I do not enormity problem of the otherwise is to miscalculate to do judiciary and to the concerns of members to be insensitive and county funding guidance. Implicit in the conflicts who seek our units *20 2nd Dist Court v Hillsdale Co 729 by Dissenting Opinion Riley, J.
I History Facts and Procedural A. Hillsdale County (hereinafter, County the county) has a retirement-pension system into which em- three ployees pay percent and the employer pays percent gross four wages of all nonunion in the employees county. The district court em- district, division, for the second ployees second opted to withdraw from the program, retirement but the refused their county proposal. employ- ees then sued the and the county, visiting circuit judge opinion issued an that holding the employ- court, ees were not county, employees. The trial judge also ordered that the employees allowed pension plan to withdraw from the and that their three-percent contributions be returned. Pursuant judge’s opinion, to the trial the refunded county percent paid the three the employees. This opinion is not an issue in this appeal.
Having successfully litigated right their to with- draw from plan, the retirement the employees bargained group then as a with the judge district budget. Agreement was reached provided, part, which four-percent benefit, paid otherwise into the county fund, retirement paid would be to the directly employees. agree- The district court submitted this part ment to the as of its 1983 county budget proposal. The county by deleting countered four-percent wage increase. government
that arise between these two units of inherent leagues is the issue of power. day,” my To leave this issue "to another as col- do, question is to leave unresolved the fundamental in cases plagued decade; prolong struggle that have us for a and thus speak This, believe, parties I rather than to it now. does not serve the cases, making presently way through in the instant those cases their system, people Michigan. the court nor the of the State of Mich Opinion Riley, J. Dissenting Hillsdale Circuit Court’s ac- Responding tion, the district issued an administrative four-percent directing county pay order the court When wage employees. increase to with the administrative county comply refused to order, employees the district and his com- judge filed a menced suit. The countersuit seek- found judge The trial ing injunctive relief. wage increase would payment four-percent no adverse effect on the fiscal affairs have *21 percent four nor would failure the county; pay operation effect on the the any have adverse court that district court. The trial also concluded that county the the to show the it was burden of Finding order was unreasonable. administrative reasonable, to be the trial the administrative order ruled in employees. county favor Appeals and filed an appealed prior appeal to this Court for leave to application which Appeals, to a decision the Court we 17, granted May on 1984.
B. Cheboygan County Cheboygan Board of Commissioners County board) (hereinafter, body is the supervising responsible public is all Cheboygan County and for county. received funded unit funds Each responsible submitting within for a county budget proposal following to the board for 16, 1983, Judge On Circuit year. September fiscal budget copy Livo sent board a 1984. requested amounts for the fiscal year On 21, 1983, Judge Livo met with the September an budget committee submitted alter- greater budget, requesting appropriation native proposed the court had on originally than he 16, October, 1983, the county 1983. September 2nd Dist Court Hillsdale Co Dissenting Opinion Riley, J. adopted Judge original request September Livo’s 16, 1983, for the 1984 fiscal year. 7, 1983, Judge
On December Livo wrote the 1, advising 1984, board that effective January hiring part-time court would be employee who specific would receive a salary fringe certain retirement). (hospitalization benefits Janu- On 3, 1984, (consis- ary adopted the board a resolution policies tent with county regarding all county- part-time funded personnel) proposed em- ployee would not receive benefits and would be at paid a lower rate than hourly Judge Livo had 7, stated his letter of December 1983. This board resolution prompted Judge Livo to issue 1984-1, Administrative Order directing imple- mentation of benefits reflected in his letter of 7, board, December 1983. The in an attempt further avoid controversy, voluntarily determined not to carry resolution, out the January as long as existing there remained funds the cir- cuit court’s account.
However, 5, 1984, on March the board sent a letter to Judge stating Livo it did not consider the disputed employee’s position to be reasonable and necessary operation to the of the circuit court. *22 Furthermore, it advised that it did not intend to appropriate additional beyond funds those allowa- original ble under request Judge by Livo for Thus, the 1984 year. 28, 1984, fiscal on March Judge Livo 1984-2, entered Administrative Order requiring, among things, other the clerk and the treasurer refrain from any efforts to reduce budget of the court. The administrative order also it stated that was enforceable through Judge 6, 1984, contempt power. April Livo’s On board, clerk, and the county treasurer filed a motion for jointly immediate consideration complaint and a for superintending control with 423 Mich Dissenting Opinion Riley, J. The Court. motion immediate considera- this granted, tion was was directed that the case as case. be submitted a calendar
II
Discussion Court of Justice One A. has Michigan justice.
The State one court 6, 1 the Michigan provides: Art Constitution § judicial of the exclu- state is vested justice sively into one one court of which shall be divided court, supreme appeals, one court of one jurisdiction as general one court of known trial court, court, probate and courts of circuit limited lish legislature may estab- jurisdiction elected a two-thirds vote members serving in house. each Michigan cre- This section of the Constitution known as the jurisdiction of general ated a court of the circuit court. For the administration circuit court, into circuits.2 judicial the state was divided the circuit within each judge chief court responsible for the administra- circuit judicial One of these administra- duties that court. tive wage requires appointment duties tive within the court employees circuit fixing MCL provided county board. appropriations states, part: 600.591; pertinent MSA 27A.591 law, (1) Except provided by otherwise as judicial in each judge of the circuit chief employees of the circuit appoint shall circuit court compen- and fix their judicial circuit in each provided in this as into circuits "The state is divided 600.501; 600.549g].” 27A.501. through MCL MSA chapter [600.502 *23 2nd Dist Court 733 Dissenting Opinion by Riley, J. appropriations sation county provided by within the board of of commissioners the comprising judicial counties the circuit. (2) Compensation the employees of the circuit judicial
court in each county paid circuit by shall the judicial comprising or counties the circuit. Pursuant to the 1 authority provided by art § Michigan Constitution, of the Legislature cre- the ated jurisdiction a court of limited the form of a district 600.8101; court. MCL pro- MSA 27A.8101 vides in 8101: §
(1) A district court established the state. district court is court of record. The state is judicial divided into districts of the district court each of which is an unit subject administrative superintending supreme control of the court. court, Within the districts of district presiding judge has over all authority matters administration, subject supervision this Court.3 Similar to the statutory authority courts, circuit the district courts also have the appoint statutory authority employees compensation district court and fix their within the appropriations provided governing body.
(1) Except provided, as judges otherwise appoint employees district shall compensation thereof and fix their priations provided within appro- governing body of each district control unit.
(2) Compensation of employees of the district unit, paid by court shall be each district control except provided this as otherwise act. [MCL 600.8271; MSA 27A.8271.]_ control, presiding judge authority subject "The have shall full court, supervision supreme to tion.” MCL over all matters of administra 600.8221; MSA 27A.8221. Riley, J. Dissenting Opinion *24 Judges Bay Co, Dist v of the 74th Judicial (1971), 710, 723-724; this
Mich Court above, 190 NW2d applied statutory authority forth set part,
holding, judge, district not that the regulates employment county, the with the the terms of employees court, even of the district though paid by they are the district control unit. Michigan
Thus, of has both and the State circuit statutorily courts, created district administrative each with the authority appoint employees to and compensation, appropria- fix to tions to these their within provided by governing entity. In addition rights,
statutorily created administrative powers.” judiciary "inherent also has certain B. Inherent Powers "inherent powers” is used refer to phrase scope powers of a court’s included within the possesses irrespective of jurisdiction which a court legislation. specific grant by constitution or Such away abridged by nor powers neither be taken can legislature. power possesses But a court statutory grant a not an only by virtue of is 78, 2d, Courts, p power. Am Jur inherent § [20 440.] powers is of these inherent
One paid expen- all incur and order such authority to holding the the of of reasonably necessary for ses as are of duties the administration and ALR3d, 2, p justice. courts of 574.] [59 § judicial power authority inso- a This inherent is power necessary ancillary of far as is a government. of This the authority branch nonadjudicatory. It does the court is only justiciable It relates matters. not deal with court. of the administration business Court v Dist Riley, J. Opinion Dissenting and district administration of the aspect One opera- the determination is courts circuit the establishment and the court tional needs of power needs. for these provide budget pay- compel needs assess these although it does usurp, not does ment of same legislative branch. upon, intrude estab- has however, constitution our Clearly, branch. coequal judicial independent lished an this operating follows, then, the cost It of state expense legislative is coequal branch assessed, and taxes must for which government, interfere. branches coequal with which 5, appro- 20. If an 9, art art Const § § the court’s necessary to reasonable priation *25 its to declare power has the the court operation, need. long recog- Court has Supreme
In Michigan, v In Stowell doctrine. powers nized the inherent 31, 33-34; Co Bd of 57 Mich Jackson Supervisors, mandamus (1885), granted 23 557 this Court NW of a hotel bill compel payment to "the noting sequestered jury, their func- to exercise power duty courts expe- as authorize such action becomes tions must Wayne In in the course of business.” dient Co, 10, 26; Judges v 172 Wayne Circuit 383 (1969), request judges 436 facing NW2d compel appropriation for mandamus personnel, of additional this for salaries money power the inherent doctrine but recognized neces- "practical its use to apply only restricted functioning.” effectively continuing sities to fall probation officers were not held Additional Circuit Wayne this narrow definition. within (On Rehearing), v 1; 386 Mich Judges Wayne (1971), its 190 228 this Court reversed ear- NW2d decision, language from expressly quoting lier 705 423 Mich 736 Dissenting Opinion Riley, J. Tate, 442 Pa ex rel Carroll v
Commonwealth (1971): 52; 274 193 A2d words, must Judiciary "Expressed in other and com- power to determine
possess the inherent are money which pel payment of those sums out its man- necessary carry reasonable dated administer equal, principle Commonwealth but duties to responsibilities, powers and its Justice, reality in a co- if it is to be This independent Branch of Government. in long recognized, only this has been throughout also the Nation.” Emphasis orig- Judges, supra, 9. [Wayne Circuit inal.]
Thus,
crises
addressing
fiscal
appears
developed the
inadequate
funding, courts have
compel adequate
power
doctrine of inherent
government.4
This
funding from other branches
cases,
in
which
genesis
its
earlier
theory has
compel
fund
power
voked the court’s inherent
functions,
grown
and has
ing for necessary judicial
See,
of judicial autonomy.
into a broader assertion
Comm’rs, 52
Lorig
State
rel
v Bd of
e.g.,
ex
Ohio
O’Coin’s v Trea
(1977);
70; 369
St 2d
NE2d
surer,
Carroll
507;
(1972);
362 Mass
NE2d
Tate,
Conn v
(1971);
supra,
v
cert den
ble with (1974). Powell, 300; 293 So 2d Comm v 292 Ala Tate, Carroll v rejected it holding, explicitly In so sweep- the most supra, which the Court viewed as inherent supporting ing of those decisions power judiciary. courts, asserting the emphatically while
Many
doctrine,
limits on
recognized
have
power
I,
mindful of the
and have been
power,
this
as do
ex rel Hill v
State
responsibly.
need to exercise
Sullivan,
Wayne
(1913);
320;
Because the lines demarking authority government the branches of and their respective *28 powers defined, have never been specifically con- flicts inevitably legislative arise: the branch wary of any intrusion the the judiciary, judicial- branch of wary any challenge to their indepen- dence by Legislature. the
Implicit in the separation of powers doctrine is the concept that one branch of government must usurp not the functions of another branch and no conversely power branch’s go should unchecked by another branch. Implicit also in the separation powers of doctrine is the spirit cooperation among the three government.6 branches of executive,
For legislative, judicial and operate branches smoothly perform and their respective duties effectively, each branch must engage in some activities within constitutionally province of another government. branch of crossing This over is necessary ability each perform branch to its exclusive function effec- tively, "power” thus this possesses that each incidental, not It exclusive. is when the judiciary exercises an incidental power, rather than its exclusive power, it must bear the burden of establishing the need for the incidental intrusion into legislative function. To forbid such a limited intrusion in favor of legislative unlimited discretion would to so judicial weaken the branch as to it destroy tripartite and our form of government. "power purse” is the ex- Legislature, clusive domain of the but is not absolute. It be used to. divest the court of Tate, supra, See Commonwealth ex rel Carroll v 52. 423 Riley, J. Opinion Dissenting independently ability and effec- function
tively.7 reexamining bases of
Thus, the constitutional persuaded power that, doctrine, I am the inherent arguments support the constitutional while sound judi- implication doctrine, judiciary’s articulating ciary the burden of must bear asserting power. this for constitutional bases practical theoretical It is because litigation imposes court-funding problems agonized judicial in search of has that the principled procedures branch minimizing these con- litigation disposing that cannot frontations procedure Today I seek a resolved.8 otherwise be political, constitutional, that will address practical problems the assertion created compel appropriations. judicial Histori- cally, been to determine function has *29 parties according rights to the law. Given proceed guidelines relative to how considered power disputes, I am confident authority cau- invoke its branch will jeopardy place tion, manner that will not in a integrity public’s of the in the confidence judiciary._ 7 29, 36-37; App Bloodgood, Municipal 137 3d 186 Cal v Cal (1982), accounting Rptr quences several conse state office identified 807 (1) municipal austerity budget: all consolidation of of a new (3) (2) calendars, districts, civil elimina elimination of court virtual (4) cases, cutbacks in the criminal claims court tion of small calendar, appropriation that if an results and concluded misdemeanor in elimination of basic state 81 violation of court functions or an identifiable law, replace legal judgments. budget pressures would See then 1691-1692, supra. n 4 Mich L R 8 independence Recognition potential of the out of threat to the of the arising public
judiciary, trust and the inevitable erosion' confrontations, responsi twenty-seven states to assume has led these Tobin, Managing bility the shift to their state courts. See for (1982). ñnancing, Sys L R 1687- J 70 See 81 Mich 7 Just state court Gilmore, 1688, day supra. ran out of the Detroit courts n 4 See (1980). Judges’ money, J 2nd Dist Court Dissenting Opinion Riley, J. Uniform Budgeting Accounting Act C. 9, 1, gives Legislature Const art § authority requires provide by it law a accounting maintenance uniform system (which requires certain charts accounts or cate- gories) by government. units of local The Legisla- 141.421 et seq.; ture has done this in MCL MSA 5.3228(21) et seq. Under statute, this there now is requirement government a that a unit” "local conform to accounting procedures the uniform procedures manual. The preclude local administra- tive officers spending money except from as autho- Also, rized their boards of commissioners. money may be transferred from one budgetary account another without approval. board’s Thus, lump-sum budgetary are appropriations eliminated under the 1978 Uniform Budgeting and addition, Accounting Act. In permits the act now appropriations. line-item in Cheboygan issue Co whether arises a is "local unit” within meaning of the
act, thus I subject appropriations. line-item conclude that not. 141.422d(2);
"Local unit” is defined in MCL MSA 5.3228(22d)(2): Except 20a, as used sections "local unit” village, city, township, authority
means or an village, city, commission established or town- ship ordinance or charter. As used in 14 to section 20a, following: "local unit” means any
(a) village. A
(b) city. A
(c) A local school district. (d) An intermediate school district.
(e) A township.
(f) county. A
(g) A county road commission. 423 by Dissenting Opinion Riley, J. (h) organization government authority An or obligations may which issue law established 1943, Public Acts of Act 202 of the
pursuant No. amended, may property levy a and which either as authority expend funds or may tax or organization. any judicial in the act to no reference There is units within the any judicial or to appropriations are not mentioned state; particular, trial courts While act in its definitional sections. in the (2d)(l)(f) of com- board specifies subsection "legislative is the county body,” of a missioners makes no defining "local units” the same section the judiciary. reference to Therefore, the district and circuit courts because parameters of the Uniform do not come within Act, Accounting county board Budgeting and with a court’s or control unit cannot interfere authority use statutory concluding, I so never- appropriations. line-item colleagues good- make urge my judicial theless their boards effort to accommodate faith in a manner submitting budgets their court compliance with the facilitate their boards’ will Accounting Act require- Budgeting Uniform ments. Administrative
D. Orders enter- I a court Finally, propriety address compel funding order to an administrative ing 8.112(B).9 rule, This court operations. MCR court 927.2(a), provides as did GCR that_ 9 "(B) Administrative Orders. "(1) governing only an order A trial court issue administrative management. internal "(2) during sequentially must be numbered Administrative orders year E.g., of their Recorder’s Court Administra- the calendar tive Order issuance. 1984-1, 1984-2. *31 Hillsdale Co Dist Court v by Opinion Dissenting Riley, J. (1) may issue an administrative A trial court management. only internal court governing order [Emphasis added.] rule, of the court language the clear light 8.112(B) provides that MCR Court concludes
this compel needed for a court authority no Therefore, I order. an administrative issuing not be may orders hold that administrative would exercise which the courts procedure by used as a necessary reasonable and authority their to obtain appropriations.
Ill Summary establishing Thus, a foundation lay Michigan to com- trial courts of for the procedure has the hold that the court funding, I would pel funding for reasonable power compel operations for court expenditures necessary than the cannot be broader that this but compels its exercise. need which established is not a that the court I hold further would the Uniform parameters unit” within "local hence, Act; Accounting Budgeting and over line-item control to exercise authority has no budget. court’s it a misuse of I hold that is would Finally, 8.112(B) in MCR provided order as administrative issuing such orders. compel appropriations foundation, I hold would established this Having "(3) date, must sent order be an administrative Before its effective If the state court administrator administrator. to the state court directs, stay administrative date of an shall the effective a trial court an order to such A trial court submit or shall revoke it. order the Supreme rule.” as a local court 423 Dissenting Opinion Riley, J. with the be reached
that, accord cannot when ini- should funding authority, legislative its proving tiate suit and bear burden necessary reasonable request appropriation to be caution that I would operation. to the court’s only must the need necessary reasonable relative, be but must than practical rather needed for effective the funds are shown *32 opinion The trial court’s justice.10 administration of fact, findings identifying of specific forth should set in if jeopardy that will functions be judicial those denied, and requested is conclu- the appropriation re- function is indicating why law sions of quired the constitution. I concluding, reject County’s
In so test is argument "serviceability” is of test "reasonableness” equivalent for in dis- appropriation test to be used proper funding, of a serviceable level putes. theory in Wayne this Court argue, adopted by was they Judges, supra, and further defined Circuit v Wayne Co Prosecutor in Appeals Court Comm’rs, 114, 124; Co Bd of App 93 Mich Wayne (1979), 62 stated: wherein Court NW2d funding the minimum A level of serviceable statutorily man- budgetary appropriation at which A level functions can be fulfilled. serviceable dated met the failure fund eliminates is not function threatening when immediately emergency or creates an of the function. A ser- the existence optimal A not the level. function viceable level is carried in at a level will be out funded serviceable manner, be carried barely adequate but it will funding increasing court An number studies -Hoffman, years. management See conducted in recent have been (1982). assessment, Sys financing: 7 Just J An overview comparisons the level can relative to studies be useful make These funding provided jurisdictions in level of other power. invoking Dist Court v Hillsdale Co Dissenting Opinion by Riley, J. Aout. function level, funded below a serviceable however, will not be required by fulfilled as stat- ute. However, I am persuaded that "serviceability” equated must be with "necessity” and not "reason- ableness” as the Hillsdale County argued. Board A serviceable level of funding is a lower level than the reasonable and necessary standard of funding defined this A opinion. reasonable and neces- sary provide standard will a court with the means to carry out its constitutionally mandated func- tions effectively the people of the State of Michigan.
Furthermore, implicit opinion this is the conclusion that a court institute an origi- nal mandamus action to compel appropriations. opinion This requires a court to initiate suit and bear the burden of proving that its funding re- quest is reasonable and necessary. The very fact that what must proven is the reasonableness necessity expenditure, clearly renders a mandamus proceeding inappropriate. In Toan *33 McGinn, 271 28; Mich 260 (1935), NW 108 this Court stated that mandamus will not lie compel to performance fact, disputed of a but rather only where there plain is a and clear legal duty. Conse- quently, a mandamus action should not be used by the judiciary compel court-requested appropria- tions. I
Finally, would require that the State Court assign Administrator a circuit court judge pre- side over these I proceedings. would require fur- ther that these proceedings be completed and an opinion entered within ninety days of the assign- ment of the judge. circuit court I provide would that, in an appeal from the trial court to the Court of Appeals, the time for all taking steps should be Riley, J. Dissenting Opinion the filing time for claim includes the This
halved. filing filing transcript; ordering and appeal; hearing. I notice of record and briefs and precedence should take these cases believe placed on a session being in other cases over filed should be opinion and an calendar the date of the days following ninety court within hearing. set guidelines procedures apply
I would in now opinion pending in all cases this forth Appeals. in Court of the trial courts or IV Conclusions Thus, respectfully I dissent. Judge & Employees and remand
I would reverse Co, Dist v Hillsdale of the Second Judicial because placed the burden of improperly the trial court unrea- order was proving that the administrative County of Hillsdale. sonable on And, 1984- I Administrative Order would vacate Bd of proceedings pendent contempt Cheboygan Co v Circuit Cheboygan Comm’rs of Judge, of such an the reason that issuance for 8.112(B). of MCR improper order was an use request deny County’s I would Cheboygan as moot. injunction remaining I would issue
Finally, address Co to the Cheboygan give guidance raised in proceedings. event of future trial court Attorney Fees opinion puts procedure outlined this prove requested burden on the judiciary reasonable operations for court are appropriations *34 Dist Court v by Dissenting Opinion Riley, J. a court procedure, to this necessary. Pursuant litigate its outside counsel employ need to will need for outside counsel Invariably, interests. fees, of as was attorney to the issue give will rise case. true in the instant fees conclude, first, attorney right
I that MCL arise out of cases cannot power in inherent 8.110(E).11In order for a 5.826 MCR 49.73; MSA or attorney reasonable pay of commissioners board MCL of a under representation judge fees for 5.826, must be a defendant 49.73; the judge MSA matter, exercising duty an official act or in a civil all the criteria addressing Without office.12 county employ an of a shall 3. The of commissioners "Sec. board sheriff, officers, including represent county attorney elected treasurer, clerk, county surveyor, county attorney, execu prosecuting tive, commissioner, public deeds, inspector, register mine drain district, commissioner, county probate, judges of the works matters, defendant, when neither courts in civil as circuit prosecuting sent repre corporation attorney county counsel is able to advice, counsel, Legal particular shall or court action officer. only required an official in a case which involves under this section attorney duty shall of the officer. act or office compensation as shall be determined the board receive reasonable supersede 8 of Act No. shall not section of commissioners. This section Michigan being of the section 691.1408 170 of the Public Acts added.) 49.73; (Emphasis Compiled 5.826. Laws.” MCL MSA attorney acknowledge matter of fees that in the instant case the superintending following Judge a motion for Circuit control it is proceedings plaintiff tive Orders 1984-1and Livo arose Cheboygan County Board of Commissioners. Thus filed Judge argued in these consolidated Livo is a defendant that 49.73; language MSA 5.826 and not a of MCL within the issuing Administra action virtue of in an inherent is too narrow a view 1984-2.1 that this believe Further, places proceedings. it the issue of of the nature of these attorney requested fees before board of the reasonableness (See belongs. judge the trial where rather than commissioners 11.) emphasized language in n opinion, not issue an adminis- I conclude compel funding the court In this that rather must initiate suit but order to trative necessary. funding request A reasonable and its establish proceeding necessary part be to establish the reasonable- will attorney requested in accordance with the standards fees of the ness opinion requires that opinion. that this Given the fact forth in this set the (thus 49.73; plaintiff), 5.826 MCL MSA be a court initiate suit applicable implicated in the instant it is not never be would primary light proceeding issue. of our treatment *35 Dissenting Opinion Riley, J. purview to fall the of this
judge must meet within statute, I dispose applicability solely would of its language. the the on "as a defendant” Under of a procedure opinion, judge set forth this the provi an the compel court who institutes action always of the operation sion funds for court’s will Thus, of a plaintiff, proof. a the burden carrying initiating power litigation inherent would judge under attorney for reasonable fees qualify 5.826. 49.73; MCL MSA Moreover, to obtain will not be able judge power in these attorney reasonable fees inherent 8.110(E).13 MCR court rule cases under While this 13"(E) Judge. Powers of Duties and Chief "(1) Michigan conformity judge Court A chief shall act with the Court, Rules, rules, Supreme orders of and local court administrative the suggestions freely and of the other and should solicit the advice judges. "(2) court, judge presiding As the officer of a chief shall: the "(a) court; preside meetings call appoint over of the and "(b) court; committees of policies concerning "(c) operations and court’s initiate internal court; affecting position matters its on external Court, "(d) Supreme represent with the court its relations bar, general courts, agencies government, other other media, functions; public, and and and the news in ceremonial "(e) performance judges their other in the assist counsel and responsibilities. "(3) court, judge of the a chief As director of the administration superintending power over the and control shall have administrative authority personnel judges and and all court with the court responsibility to: "(a) management disposition supervise of the and monitor caseload court; judicial work of the "(b) assignment apportionment the business direct the subject and court, 8.111; provisions of MCR to the "(c) judges; and and the coordinate determine the hours the court personnel required judges to be and court the number determine necessary judicial perform present tive any and administra- at one time to perform court, presence require their work of the work; "(d) personnel, performance author- supervise with of all exception hire, discharge personnel, ity discipline, or such clerk, any; judge’s secretary if and law aof absences, "(e) personnel sub- vacations coordinate (F); provisions ject of subrule Dist v Hillsdale Co Dissenting Opinion Riley, J. does state certain duties powers of a chief judge, grant it does not to the judge, either ex- pressly by implication, right to recover reasonable fees when attorney judge party litigation. conclude, however,
I the inherent power of a court powers includes those required reasonably its practical Michigan, exercise. as well as jurisdictions, other has allowed a court to employ counsel and recover reasonable attorney fees aris- ing out of such inherent power litigation. Circuit Wayne Judges, supra, this Court
ordered, alia, inter respective judgments of the circuit court and the Court of Appeals be court, affirmed. The decision, circuit in its had concluded that the judges brought who the manda- mus action had the right to employ counsel and recover attorney fees and expenses incurred in connection with the litigation. By affirming the circuit court’s decision on this point, this Court right endorsed the to attorney fees in such cases. In Young Co, v Bd of Co Comm’rs of Pershing 91 52, 55-56; Nev 530 (1975), P2d 1203 the Nevada Supreme Court held that where a district judge required was to employ counsel to institute mandamus action to compel the county appro- "(f) supervise finances, including planning, prep- financial presentation budgets, reporting; aration and and financial "(g) request assignments visiting judges assign- and direct visiting judges; ment of matters to the "(h) compliance by applicable effect the court with all court rules provisions law; "(i) perform any duty any necessarily act or or enter order inciden- carrying purposes tal to out the of this rule. "(4) judge timely dispose assigned If a does not of his or her comply work or fails or refuses to chief an order or direction from the judge rule, judge report made under this the chief shall the facts will, upon Supreme to the state court administrator who Court’s direction, necessary. initiate whatever corrective action is "(5) judge may delegate A chief administrative duties to a trial 8.110(E). court administrator or others.” MCR 423 Mich 705
750 Dissenting Opinion Riley, J. requests, budgetary the district priate certain entitled to reasonable fees. attorney was judge Levco v in Supreme the Indiana Finally, State, 415, 418; 393 Auditor of 271 Ind NE2d (1979), pertinent part: in 749 stated in judge institutes the action his [W]here personal capacity, pecuniary not for his official reward, meeting opera- purpose for the but court, attorney fee tional needs of the must a reasonable v Sullivan Council county. paid by W 92; 390 Hon Brian Smith [271 Ind NE2d 645 (1979)]. outside
Thus, employ I that a court can conclude in attorney fees an and recover reasonable counsel hold controversy. To otherwise power of court. impair would the inherent is a concluding right there reasonable fees, I the standard conclude also that attorney is the standard set determining "reasonableness” Schick, 48 728; App Crawley forth in (1973), this Court adopted by NW2d DAIIE, 573; 413 Mich NW2d Wood v held, Crawley (1982).14 Court of Appeals part: pertinent dispute is in attorney fees Where amount *37 light of its own in precise be reviewed each case must There no formula
particular facts. attorney’s fee. computing the of an reasonableness However, to be into consid- among the facts taken of a determining reasonableness fee in eration include, (1) to, following: are not limited but experience of the standing professional and (3) (2) involved; skill, and labor time attorney; achieved; results question and the the amount in 636, (1981), 652; DAIIE, App 302 NW2d 102 Mich v Liddell applied scheme. to the no-fault insurance Crawley factors were the MCL 24.13148(1). 500.3148(1); MSA Dist Court Dissenting Opinion Riley, J. (5) expenses (4) case; difficulty of the (6) length of the incurred; the nature gen- relationship the client. See professional Practice, Attorneys Michigan Law and erally 3 Disciplinary Rule Counselors, p 275 and and 2-106(B) § Responsibility Professional Code of of the supra, [Crawley, and Ethics. 737.] Wood, the six-fac- supra, adopted in This Court and also Crawley, in enumerated guideline tor suggesting decision Appeals Court of affirmed the The Wood not exhaustive. the list was stated: guide consider the trial court should While a to those factors it is not limited Crawley,
lines of [Wood, supra, making its determination. 588.][15] in judge may include whether trial consider factors that the Other dispute any attempt appropriations made in involved the court resolve forth addition, and, litigation in criteria set the conflict short Responsi Disciplinary of Professional Rule 2-106 of the Code determining bility of a fee. the reasonableness Legal Services "Fees for "(A) for, charge, agreement or lawyer into an shall not enter A illegal clearly fee. or excessive collect an facts, "(B) when, clearly review of the after a A fee is excessive prudence firm ordinary left with a definite and lawyer would be a reasonable fee. Factors the fee is in excess of determining conviction that considered guides of a fee the reasonableness as following: include the "(1) required, novelty difficulty of The time and labor legal involved, requisite perform questions properly. service and the skill "(2) client, acceptance likelihood, apparent that the if to the preclude employment by employment particular will other the lawyer. legal "(3) charged locality customarily in the for similar The fee services. "(4) involved and the results obtained. The amount "(5) imposed by or the circum- the client The time limitations stances. "(6) relationship length professional with the The nature and client. "(7) lawyer lawyers experience, reputation, ability of the or performing the services. "(8) contingent. the fee is fixed Whether *38 705 423 Mich Opinion Williams, C.J. trial Thus, I conclude and would hold and neces- funding for reasonable requesting court proving operations has burden court sary fees are reasonable. requested attorney Moreover, not be bill of will an itemized costs attor- its establish reasonable on face to sufficient Farms, Inc, v Haverhill fees. Petterman ney (1983). 30, App 33; 335 NW2d Wood, adopt language I Finally, would supra, appropriation applied findings factors specific in relation to disputes appellate review: Further, find- court need not detail its trial ings specific factor as each considered. appel- upheld appears upon unless award will be finding trial on late review that court’s an issue was abuse of discretion. "reasonableness” I would reverse and remand Hillsdale Thus, Cheboygan with this proceedings consistent And, costs, public a I would award no opinion. being involved. issue Ryan,
Williams, C.J., J., concurred with Riley, J. J.). (concurring with
Williams, Riley, My C.J. to, and I appended fully support, signature Riley Justice in this mat- opinion of well-reasoned because, Justice, I separately, I write as Chief ter. involved with the trial courts intimately have been problems giving rise to struggles in their guidance lawsuits and with need for these in- problems their resolution. The bringing about for, "(C) charge, lawyer arrangement an A shall not enter into contingent representing in a divorce case or for fee collect defendant Responsibility, in a criminal case.” Code of Professional DR 2-106. Dist Court Opinion Williams, C.J. neither unfortunately these are
volving parties *39 uncommon. them, rare and peculiar to nor further the I review will consequence, As a problem the relation- of the and origins and status power and inherent as ship statutory of of knowing the I do so problem. solution for the understanding to urgent preserve need for of sepa- our functioning political system smooth of put so to form powers. To fail to do ration of over to fiddle while Rome burns. substance and Underlying
I. Problem The one court of Constitution established in 1980 PA took justice, Legislature, and the that man- steps implement first to financially assumption date. Act 438 state provided for Circuit, for Record- Wayne costs Detroit er’s, At the same and 36th District Courts. time, Legislature promised costs assume However, rest state. for the courts of the reason, except partial payment whatever salaries, Legislature not ful- judges’ yet has promise. filled its
Meanwhile, funding and most state courts local inadequate struggle the outmoded and units with In system funding of local of state courts. some instances, superior statesmanship on both sides produced luck local have harmoni- prosperity and ous of the administration and successful Elsewhere, on a level. justice judiciary viable struggled support has and under- inadequate with cases, negotiated efforts standing. many too at down, resolution of differences have broken and or another has judiciary way local one compliance re- sought perceived enforce quirements entitlements. and and conflict ubiquitousness dissatisfaction 423 Opinion Williams, C.J. level the local that on the fact is illustrated in how training have established both sides other outmaneuver procedurally legally and level have a different side, at both sides while compro- and conciliation promote endeavored conflict. such in order to avoid mise therefore, unique bar, are at The two cases individual only requiring phenomena rare opinion. differences specific of two resolution in an first two merely are These two cases discon- a sea of tapping enlarging pipeline already conflict. tent and upon not is called this Court consequence,
aAs D, B C A to decide between merely to rea- guidelines comprehensible down lay but solving, with problem the flow of regulate sonably *40 as and with understanding civility and much as With possible. as acrimony little confusion general principles, mind, I consider in will this facts, proce- appropriate to the application their resolution, guidelines future conflict dures for instant in the proceedings further possible matters.1 Statutory
II. Basis Power foe a doctrine that there is correct absolutely It is of constitu- a doctrine as well as statutory power Co, 3 v Macomb People power. tional Co, 343 Mich (1855); Sturgis Allegan v 475 Mich Co Wayne v (1955); Jail Inmates 209; 72 56 NW2d (1974). Sheriff, 910 These 359; 216 391 Mich NW2d question no there is that where cases indicate governmen- duty of a statutory clear either authority involving present question the of a These cases do not Livingston agreements, bargaining Co v negotiate to collective (1975). 265; Judge, We do Livingston 225 NW2d 393 Mich Circuit by opinion such controversies express method which on the not shall be resolved. an Court Dist by Opinion Williams, C.J. obligation an reasonable- entity pay tal to obligation, pay- the Court will enforce ness of the obligation. ment of that were, three in the cited cases obligations county board of costs incurred
respectively, statute, of a required salary health as superintendent fixed the educa- county school statute, to to costs pursuant tion board statute, a "suitable required by as provide, case, question no was each jail.” sufficient the amount or to as to the reasonableness raised mandate. statutory in the principle statutory The salient doctrine exercising own is that the court is not its discretion, enforcing is the mandate but Allegan recognized: As Legislature. dealing that
The situation here is we are plaintiff’s right salary, to collect a claimed amount, in duly fixed accor- be unreasonable dance with legislature. act Mich an [343 supplied.] Emphasis 217. Inmates, Indeed, Macomb and Jail both speci- so Legislature has well emphasized done, no it wants has fied what exercise, only legislative power to but subordinate Legislature’s carry mandate an exec- out. 478; 364. 391 Mich In other capacity. utive words, It county has no discretion exercise. perform duty pay imposed by only has *41 is to Legislature. only And the court’s function legislative mandate. enforce Basis Power III. Inherent 11(B) opinion, of her has Riley, Part Justice origins, acceptance, universal set out clearly It of inherent power. of the doctrine and character 705 423 756 Opinion Williams, C.J. examine opinion only in this therefore
remains in the for statu- bases the differences compare power. inherent tory statutory power, I of examining the doctrine In in the doc- principle salient concluded "[t]he the Court is not is that power statutory of trine enforcing the but discretion exercising its own ex- In the cases we Legislature.” of mandate pay ordering amined, the court was sal- of education’s bills, superintendent health costs, clearly all ary, jail-improvement Legisla- mandate upon unequivocally ture. power, of we doctrine examining the a court power by of a the exercise dealing with
are in our position constitutional the court’s protect J., Riley, See system. governmental tripartite Judges Wayne Circuit ante, Wayne 736-737; pp (On 1, 9; 190 Rehearing), 386 Mich NW2d (1971). exercise of specific The basis for specific "irrespective may possessed power 20 Am Jur legislation.” constitution grant by Riley, 440, Justice Courts, quoted by 2d, p § ante, support arise because may 734. Or p right as the right, such constitutional specific of a Co Bd of e.g., Stowell v Jackson jury, to trial (1885) Jus- Mich 31 mentioned Supervisors, Riley, ante, Likewise, 735. the basis p tice mandate, or- as legislative be constitutional in order to administer personnel dering additional Judges, supra, referenced Wayne Circuit justice, opinion 735. See also Riley, p by Justice Judges v Wayne Circuit Wayne Justice Levin (1969): Co, 713, 723; NW2d App 15 Mich the inherent cases where "In almost all the appropriation to direct the judiciary on the court also relied recognized funds was . . . .” expenditure authorizing the legislation *42 Dist v Hillsdale by Opinion Williams, C.J. short, In in the foundation the basic difference for statutory power for exercise that, to power respect is with exercise of inherent power, enforcing is clear statutory court its employing own legislative mandate without whereas, respect to discretionary judgment, in constitu- its sound power, in protecting position is its our tional judgment in government, order tripartite system usually justice. properly to continue the administration Application Analysis Facts IV. to Instant facts, to it turning Before the instant to the analysis applied to review the as instructive Macomb, Alle- Michigan cases. Obviously, cited Inmates, gan, and Jail enforcing the the Court was for Health legislative pay clear mandate bills Leg- Department smallpox services ordered by islature, superinten- of a school pay salary statute, also to dent fixed accordance with jail” costs to a "suitable and sufficient pay provide its protecting The Court was not own per statute. it enforc- place government, constitutional was ing Legislature’s mandate. Judges, however, Wayne Circuit the court its role to administer protecting
was
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(opinion
mandate appropriations "within the court tion fixed provided.” *43 Cheboy- in Hillsdale and
The facts both seeking gan appear the courts were to that be "ap- compensation propriations "within,” excess of but in not provided.” is There no clear mandate Legislature payment only the ordered because compensation appropria- was the provided,” "within when payment and here was not tions provided.” appropriations "within that records the budget In both cases the indicate sought in the to have items included courts specifically county There excluded. is the which nothing in the to indicate that there were record budget provide compensa- to for internal transfers appear rejected Rather, it would for the items. tion that seeking payment compel the courts were compensation of, of, and in excess outside budget. budget so
If there had been lawful transfers paid employee employees or could the court- the fixed be compensation pro- appropriations "within power statutory vided,” used then be could county pay, compel payment if the refused Legis- payment because such would fall within same true if an- lature’s mandate. The other would be employee compensation with the same re- replaced, was funds from the tired and retired not because employee If, be would then available. how- seeking compel pay- ever, the court were higher compensation employees for at a ment of along budget granted, the rest of the rate all seeking compel Hillsdale, in was as compensation employee additional over and an expenses, employees and other all other above Dist Court v Opinion Williams, C.J. would not be then the court in Cheboygan, as mandate, statutory- legislative enforcing the action. support would remarked might it point, At this pay refuse to did not Cheboygan county were while there question employee part-time rest and for the for payments available such funds while point, If at that budget presumably. available, had county funds yet there were issue, employee part-time pay refused to power would have statutory theory then the fact, however, paid until applied. challenging payment out before funds ran such employee. this follows. The this rule is as behind theory appropria- within compensation "fix their
phrase, unit, governmental provided” by tions the one statement. On pregnant significant personnel hand, appointment permits judicial govern- local paid by to be setting of salaries *44 MCL 600.591; MSA 27A.591 and MCL ment under hand, 27A.8271, but, thé other on 600.8271; MSA power only the exercise of it allows appropriations pro- limitation "within the within means appropriations provided” vided.” "[W]ithin unit to the local delegated has Legislature the maxi- legislative discretion to determine of the 74th Judicial Judges appropriation. mum Co, 710, 385 726; 190 NW2d Dist v Bay (1971). significance. is of utmost That limitation generally is government unit of the local While pay mandate Legislature’s to the subordinate appointed by personnel fixed for for salaries recognized limitation previously judiciary, transforms provided” appropriations "within government response by local executive purely grant modified response into an executive limita- in the contained legislative specific 423 Mich Opinion Williams, C.J. In other provided.” appropriations tion "within mandate words, legislative no clear the court has unit is governmental local to enforce unless the appro- refusing pay compensation "within [the] priations provided.” government pay
If the local unit of refused appropriations provided,” compensation "within violating be the doctrine might very then well Allegan, refused to set forth in where of education salary superintendent of a pay there no according fixed to statute and where was contesting limitation and no rea- statutory or need. sonableness in neither Hillsdale nor short, Cheboygan Legislature
there a clear mandate of the to en- applicable legislation compen- force. The relates to appropriations provided.” ap- sation "within not "within relate to plicable compensation facts Therefore, provided.” there is no appropriations legislative respect mandate with to the facts of Cheboygan Hillsdale for the courts to enforce statutory power. appropriate, If enforcement under through the exercise of inherent only can power.
Thus, appropria- this construction of "within the tions is clear. Justice Brennan, provided” Co, Judges supra, Bay to this fact adverted as follows:
If, however, i.e., says, what it statute means judges compensation to fix the of their that the are language employees, then it follows that appropriations” simply "within means that personnel judges’ statutory power employ compensation *45 fix their must be exercised within appropriated by the overall limits of funds units, operation district control unit or for the maintenance of the district court. Dist Court v Hillsdale Co Opinion Williams, J.C.
Furthermore, the comments of Justice Adams in Judges, Circuit separate his opinion Wayne are apropos: view, my Appeals the Court of has confused implementation of inherent with the statutory power, exercise of authority. Inherent present, when it is statutory implementa- needs no tion. But statute, proceeding where a court under a is bound the statute’s terms and conditions. The action taken must conform to the derogation statute and of the part not be of that imposes statute which restrictive conditions.