The State Supreme Court heard oral arguments Monday in a case that could change how local courts cover operating costs.
In 2014, Shawn Cameron Jr. was found guilty of assault and ordered to serve jail time and pay $1,600 in court costs.
Marlena David-Martin is an attorney for Cameron. She said those costs, which help fund the operation of local courts, are unconstitutional.
“Because the legislature is essentially delegating its full taxing authority to the individual judges who are required to impose these costs against individuals.”
David-Martin said state officials don’t agree about the best way to fund local courts.
“The governor has actually established a trial court funding system because nobody agrees that this is the way we should be funding our court system.”
And, she said, allowing local judges to assess taxes on convicted individuals violates the separation of powers and creates a conflict of interest.
Officials with the Washtenaw Prosecutor's Office said the court costs assigned to Mr. Cameron are not a tax but rather a statutory cost which does not represent a conflict of interest for local judges.
David-Martin said if Cameron wins the case it will have broad implications for how local courts fund themselves. For Cameron, however, she just wants his court costs waived.
“For Mr. Cameron, we are seeking the court to declare the court cost statute unconstitutional so that he does not have to pay for the operation of the Washtenaw County circuit court.”
She said it’s not clear when the state supreme court will make a decision about the case.