Order Michigan Supreme Court
Lansing, Michigan
November 20, 2009 Marilyn Kelly,
Chief Justice
138153 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 138153
COA: 288666
Macomb CC: 2004-003971-FC
MARK ALLEN WOOLSEY,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the December 4, 2008
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we VACATE the assessments of court-appointed attorney fees
imposed by the Macomb Circuit Court, and REMAND this case to that court for
reconsideration of the assessments in accordance with the statutory procedure and People
v Jackson, 483 Mich 271 (2009). We note confusion in the circuit court record, and
contradictory statements by the trial judge, regarding the applicable statutes and case law.
Under MCL 769.1l and Jackson, a prisoner may be required to commence repayment of
attorney fees through the entry of an order to remit. Where an order to remit has been
entered pursuant to MCL 769.1l, the prisoner is generally presumed to be able to
commence repayment. Jackson, supra at 275. In addition, MCL 600.4803(1) permits a
trial court to impose a 20% late fee on outstanding balances of fees imposed against a
defendant, including a fee for a court-appointed attorney. In this case, we observe that at
the resentencing hearing the circuit court stated that it was assessing a 20% late fee for
nonpayment, yet it also suggested that repayment was suspended while the defendant
remained incarcerated. Neither the January 9, 2008 judgment of sentence nor the March
18, 2008 order to remit indicates a due date for payment of the fees. On remand, the
Macomb Circuit Court shall resolve these inconsistencies, and shall also address the
defendant’s contention that monies have already been deducted from his prisoner
account. In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 20, 2009 _________________________________________
d1117 Clerk