(dissenting). These cases were consolidated to enable this Court to decide whether an *728administrative order may be used by a trial court in the exercise of its inherent power to compel reasonable and necessary appropriations for court operations; whether the circuit judge may employ outside counsel to defend the court’s interest in these proceedings; and, whether counsel’s fees were reasonable and necessary.
These cases evidence the continuing struggle between the legislative and judicial branches of government in their conscientious efforts to carry out the duties delegated to them under the Michigan Constitution. The purpose of this opinion is to set forth principled procedures to resolve, as fairly and expeditiously as possible, those conflicts which necessarily arise when the legislative branch refuses to approve funding requested by the judicial branch for reasonable and necessary court operations.
In addressing these issues, one is reminded that the genius of our forefathers was the creation of a tripartite form of government; three independent branches of government dependent on each other for the survival of the whole; three independent branches of government which recognize that their exclusive powers must not be exercised to weaken another branch, lest it lead to the destruction of the whole.
It is our continuing faith in this legacy that has enabled our republic to endure, and it is my faith in the vitality of that delicate balance of power implicit in this legacy that I would reaffirm today.1
*729I
Facts and Procedural History
A. Hillsdale County
The County of Hillsdale (hereinafter, the county) has a retirement-pension system into which employees pay three percent and the employer pays four percent of the gross wages of all nonunion employees in the county. The district court employees for the second district, second division, opted to withdraw from the retirement program, but the county refused their proposal. The employees then sued the county, and the visiting circuit judge issued an opinion holding that the employees were court, not county, employees. The trial judge also ordered that the employees be allowed to withdraw from the pension plan and that their three-percent contributions be returned. Pursuant to the trial judge’s opinion, the county refunded the three percent paid by the employees. This opinion is not an issue in this appeal.
Having successfully litigated their right to withdraw from the retirement plan, the employees then bargained as a group with the district judge for the 1983 budget. Agreement was reached which provided, in part, that the four-percent benefit, otherwise paid by the county into the retirement fund, would be paid directly to the employees. The district court submitted this agreement to the county as part of its 1983 budget proposal. The county countered by deleting the four-percent wage increase.
*730Responding to the Hillsdale Circuit Court’s action, the district court issued an administrative order directing the county to pay the four-percent wage increase to the court employees. When the county refused to comply with the administrative order, the district judge and his employees commenced suit. The county filed a countersuit seeking injunctive relief. The trial judge found that payment of the four-percent wage increase would have no adverse effect on the fiscal affairs of the county; nor would failure to pay the four percent have any adverse effect on the operation of the district court. The trial court also concluded that it was the burden of the county to show that the administrative order was unreasonable. Finding the administrative order to be reasonable, the trial court ruled in favor of the employees. The county appealed to the Court of Appeals and filed an application to this Court for leave to appeal prior to a decision by the Court of Appeals, which we granted on May 17, 1984.
B. Cheboygan County
The Cheboygan County Board of Commissioners (hereinafter, the board) is the supervising body of Cheboygan County and is responsible for all public funds received by the county. Each funded unit within the county is responsible for submitting a budget proposal to the board for the following fiscal year. On September 16, 1983, Circuit Judge Livo sent the board a copy of the 1983 budget with the amounts requested for the fiscal year 1984. On September 21, 1983, Judge Livo met with the county budget committee and submitted an alternative budget, requesting a greater appropriation for the court than he had originally proposed on September 16, 1983. In October, 1983, the county *731adopted Judge Livo’s original request of September 16, 1983, for the 1984 fiscal year.
On December 7, 1983, Judge Livo wrote the board advising that effective January 1, 1984, the court would be hiring a part-time employee who would receive a specific salary and certain fringe benefits (hospitalization and retirement). On January 3, 1984, the board adopted a resolution (consistent with county policies regarding all county-funded part-time personnel) that the proposed employee would not receive benefits and would be paid at a lower hourly rate than Judge Livo had stated in his letter of December 7, 1983. This board resolution prompted Judge Livo to issue Administrative Order 1984-1, directing the implementation of benefits reflected in his letter of December 7, 1983. The board, in an attempt to avoid further controversy, voluntarily determined not to carry out the January 3, 1984 resolution, as long as there remained existing funds in the circuit court’s account.
However, on March 5, 1984, the board sent a letter to Judge Livo stating that it did not consider the disputed employee’s position to be reasonable and necessary to the operation of the circuit court. Furthermore, it advised that it did not intend to appropriate additional funds beyond those allowable under the original request by Judge Livo for the 1984 fiscal year. Thus, on March 28, 1984, Judge Livo entered Administrative Order 1984-2, requiring, among other things, that the clerk and the treasurer refrain from any efforts to reduce the budget of the court. The administrative order also stated that it was enforceable through Judge Livo’s contempt power. On April 6, 1984, the board, the county clerk, and the county treasurer jointly filed a motion for immediate consideration and a complaint for superintending control with *732this Court. The motion for immediate consideration was granted, and it was directed that the case be submitted as a calendar case.
II
Discussion
A. One Court of Justice
The State of Michigan has one court of justice. Art 6, § 1 of the Michigan Constitution provides:
The judicial power of the state is vested exclusively in one court of justice which shall be divided into one supreme court, one court of appeals, one trial court of general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction that the legislature may establish by a two-thirds vote of the members elected to and serving in each house.
This section of the Michigan Constitution created a court of general jurisdiction known as the circuit court. For the administration of the circuit court, the state was divided into judicial circuits.2 The chief judge of the circuit court within each judicial circuit is responsible for the administrative duties of that court. One of these administrative duties requires the appointment and wage fixing of the circuit court employees within the appropriations provided by the county board. MCL 600.591; MSA 27A.591 states, in pertinent part:
(1) Except as otherwise provided by law, the chief judge of the circuit court in each judicial circuit shall appoint the employees of the circuit court in each judicial circuit and fix their compen*733sation within appropriations provided by the county board of commissioners of the county or counties comprising the judicial circuit.
(2) Compensation of the employees of the circuit court in each judicial circuit shall be paid by the county or counties comprising the judicial circuit.
Pursuant to the authority provided by art 6, § 1 of the Michigan Constitution, the Legislature created a court of limited jurisdiction in the form of a district court. MCL 600.8101; MSA 27A.8101 provides in § 8101:
(1) A district court is established in the state. The district court is a court of record. The state is divided into judicial districts of the district court each of which is an administrative unit subject to the superintending control of the supreme court.
Within the judicial districts of the district court, the presiding judge has authority over all matters of administration, subject to the supervision of this Court.3 Similar to the statutory authority of the circuit courts, the district courts also have the statutory authority to appoint employees of the district court and fix their compensation within the appropriations provided by the governing body.
(1) Except as otherwise provided, the judges of the district court shall appoint the employees thereof and fix their compensation within appropriations provided by the governing body of each district control unit.
(2) Compensation of employees of the district court shall be paid by each district control unit, except as otherwise provided in this act. [MCL 600.8271; MSA 27A.8271.]_
*734In Judges of the 74th Judicial Dist v Bay Co, 385 Mich 710, 723-724; 190 NW2d 219 (1971), this Court applied the statutory authority set forth above, holding, in part, that the district judge, not the county, regulates the terms of employment with the employees of the district court, even though they are paid by the district control unit.
Thus, the State of Michigan has both circuit and district courts, each with the statutorily created administrative authority to appoint employees and to fix their compensation, within the appropriations provided by the governing entity. In addition to these statutorily created administrative rights, the judiciary also has certain "inherent powers.”
B. Inherent Powers
The phrase "inherent powers” is used to refer to powers included within the scope of a court’s jurisdiction which a court possesses irrespective of specific grant by constitution or legislation. Such powers can neither be taken away nor abridged by the legislature. But the power a court possesses only by virtue of a statutory grant is not an inherent power. [20 Am Jur 2d, Courts, § 78, p 440.]
One of these inherent powers is
authority to incur and order paid all such expenses as are reasonably necessary for the holding of court and the administration of the duties of courts of justice. [59 ALR3d, § 2, p 574.]
This inherent authority is a judicial power insofar as it is a necessary ancillary to the power of the judicial branch of government. This inherent authority of the court is nonadjudicatory. It does not deal with justiciable matters. It only relates to the administration of the business of the court.
*735One aspect of the administration of district and circuit courts is the determination of the operational needs of the court and the establishment of a budget to provide for these needs. The power to assess these needs and compel funding for payment of same does not usurp, although it does intrude upon, the power of the legislative branch.
Clearly, however, our constitution has established an independent and coequal judicial branch. It follows, then, that the cost of operating this coequal branch is a legislative expense of state government, for which taxes must be assessed, and with which coequal branches may not interfere. Const 1963, art 9, § 1 and art 5, § 20. If an appropriation is reasonable and necessary to the court’s operation, the court has the power to declare its need.
In Michigan, the Supreme Court has long recognized the inherent powers doctrine. In Stowell v Jackson Co Bd of Supervisors, 57 Mich 31, 33-34; 23 NW 557 (1885), this Court granted mandamus to compel payment by the county of a hotel bill for a sequestered jury, noting that "the inherent power and duty of courts to exercise their functions must authorize such action as becomes expedient in the course of judicial business.” In Wayne Circuit Judges v Wayne Co, 383 Mich 10, 26; 172 NW2d 436 (1969), facing a request by the judges for mandamus to compel the appropriation of money for salaries of additional personnel, this Court recognized the inherent power doctrine but restricted its use to apply only to "practical necessities of effectively continuing court functioning.” Additional probation officers were not held to fall within this narrow definition. In Wayne Circuit Judges v Wayne Co (On Rehearing), 386 Mich 1; 190 NW2d 228 (1971), this Court reversed its earlier decision, expressly quoting language from *736Commonwealth ex rel Carroll v Tate, 442 Pa 45, 52; 274 A2d 193 (1971):
"Expressed in other words, the Judiciary must possess the inherent power to determine and compel payment of those sums of money which are reasonable and necessary to carry out its mandated responsibilities, and its powers and duties to administer Justice, if it is to be in reality a coequal, independent Branch of Government. This principle has long been recognized, not only in this Commonwealth but also throughout the Nation.” [Wayne Circuit Judges, supra, 9. Emphasis in original.]
Thus, it appears that in addressing fiscal crises and inadequate funding, courts have developed the doctrine of inherent power to compel adequate funding from other branches of government.4 This theory has its genesis in earlier cases, which invoked the court’s inherent power to compel funding for necessary judicial functions, and has grown into a broader assertion of judicial autonomy. See, e.g., State ex rel Lorig v Bd of Comm’rs, 52 Ohio St 2d 70; 369 NE2d 1046 (1977); O’Coin’s v Treasurer, 362 Mass 507; 287 NE2d 608 (1972); Carroll v Tate, supra, cert den 402 US 974 (1971); Conn v Randolph, 35 Ill 2d 24; 219 NE2d 337 (1966); Carlson v State, 247 Ind 631; 220 NE2d 532 (1966); Smith v Miller, 153 Colo 35; 384 P2d 738 (1963).
This power is said to originate, and be a necessary concomitant of, the separation of powers doctrine. This power has been stated to be necessary to preserve the integrity and freedom of the judiciary as a coequal branch of government. Noble Co Council v State ex rel Fifer, 234 Ind 172; 125 *737NE2d 709 (1955). More importantly, it has been said that the power is necessary to preserve for the people their security and freedom. The Indiana court said it well as follows:
A court of general jurisdiction, whether named in the Constitution or established in pursuance of the provisions of the Constitution, cannot be directed, controlled, or impeded in its functions by any of the other departments of the government. The security of human rights and the safety of free institutions require the absolute integrity and freedom of action of courts. [Knox Co Council v State, 217 Ind 493, 512; 29 NE2d 405 (1940).]
It has been noted that a contrary result would effectively concede to the Legislature the power to destroy the judicial branch.5
A Legislature has the power of life and death over all the Courts and over the entire Judicial system. Unless the Legislature can be compelled by the Courts to provide the money which is reasonably necessary for the proper functioning and administration of the Courts, our entire Judicial system could be extirpated, and the Legislature could make a mockery of our form of Government with its three co-equal branches — the Executive, the Legislative and the Judicial. [Carroll v Tate, supra, 57.]
The theory has been almost unanimously accepted in case law throughout the United States. The courts of eighteen states have recognized the inherent power rule and of all states only Alabama does not. The Supreme Court of Alabama rejected the doctrine holding that it is incompati*738ble with a true separation of powers. Morgan Co Comm v Powell, 292 Ala 300; 293 So 2d 830 (1974). In so holding, it explicitly rejected Carroll v Tate, supra, which the Court viewed as the most sweeping of those decisions supporting the inherent power of the judiciary.
Many courts, while emphatically asserting the inherent power doctrine, have recognized limits on this power, as do I, and have been mindful of the need to exercise it responsibly. State ex rel Hill v Sullivan, 48 Mont 320; 137 P 392 (1913); Wayne Circuit Judges v Wayne Co, supra, 383 Mich 39, 42-44 (separate opinion by Adams, J.); Leahey v Farrell, 362 Pa 52, 59-60; 66 A2d 577 (1949).
My analysis of existing authority persuades me that, while the judiciary does have the inherent power to compel reasonable and necessary funding from the county or district control unit, the power is not absolute. Const 1963, art 3, § 2 states:
The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution.
Because the judiciary and appropriation authority are coequal branches of government, the separation of powers doctrine protects both a board’s power over the county funds and the court’s power as a judicial entity. The coequal and independent judiciary must possess powers commensurate with its responsibilities and functions which implicitly means the right to protect itself from any attempt to dilute its power. I conclude, however, that current judicial approaches to implementing the inherent power doctrine have not been sufficiently *739sensitive to the issues raised as the result of court-funding confrontations.
Because the lines demarking the authority of the branches of government and their respective powers have never been specifically defined, conflicts inevitably arise: the legislative branch wary of any intrusion by the judiciary, the judicial-branch wary of any challenge to their independence by the Legislature.
Implicit in the separation of powers doctrine is the concept that one branch of government must not usurp the functions of another branch and conversely no branch’s power should go unchecked by another branch. Implicit also in the separation of powers doctrine is the spirit of cooperation among the three branches of government.6
For the executive, legislative, and judicial branches to operate smoothly and perform their respective duties effectively, each branch must engage in some activities constitutionally within the province of another branch of government. This crossing over is necessary to the ability of each branch to perform its exclusive function effectively, and thus this "power” that each possesses is incidental, not exclusive. It is when the judiciary exercises an incidental power, rather than its exclusive power, that it must bear the burden of establishing the need for the incidental intrusion into the legislative function. To forbid such a limited intrusion in favor of unlimited legislative discretion would be to so weaken the judicial branch as to destroy it and our tripartite form of government. The "power of the purse” is the exclusive domain of the Legislature, but it is not absolute. It may not be used to. divest the court of *740the ability to function independently and effectively.7
Thus, in reexamining the constitutional bases of the inherent power doctrine, I am persuaded that, while sound constitutional arguments support the judiciary’s implication of the doctrine, the judiciary must bear the burden of articulating the constitutional bases for asserting this power.
It is because of the practical and theoretical problems that court-funding litigation imposes that the judicial branch has agonized in search of principled procedures for minimizing these confrontations and disposing of litigation that cannot otherwise be resolved.8 Today I seek a procedure that will address the constitutional, political, and practical problems created by the assertion of judicial power to compel appropriations. Historically, the judicial function has been to determine the rights of parties according to the law. Given considered guidelines relative to how to proceed in inherent power disputes, I am confident that the judicial branch will invoke its authority with caution, in a manner that will not place in jeopardy the public’s confidence in the integrity of the judiciary._
*741C. Uniform Budgeting and Accounting Act
Const 1963, art 9, § 1, gives the Legislature authority and requires it to provide by law for maintenance of a uniform accounting system (which requires certain charts of accounts or categories) by units of local government. The Legislature has done this in MCL 141.421 et seq.; MSA 5.3228(21) et seq. Under this statute, there is now a requirement that a "local unit” of government conform to the uniform accounting procedures manual. The procedures preclude local administrative officers from spending money except as authorized by their boards of commissioners. Also, money may not be transferred from one budgetary account to another without the board’s approval. Thus, lump-sum budgetary appropriations are eliminated under the 1978 Uniform Budgeting and Accounting Act. In addition, the act now permits line-item appropriations.
The issue arises in Cheboygan Co whether the court is a "local unit” within the meaning of the act, thus subject to line-item appropriations. I conclude that it is not.
"Local unit” is defined in MCL 141.422d(2); MSA 5.3228(22d)(2):
Except as used in sections 14 to 20a, "local unit” means a village, city, township, or an authority or commission established by a village, city, or township ordinance or charter. As used in section 14 to 20a, "local unit” means any of the following:
(a) A village.
(b) A city.
(c) A local school district.
(d) An intermediate school district.
(e) A township.
(f) A county.
(g) A county road commission.
*742(h) An authority or organization of government established by law which may issue obligations pursuant to Act No. 202 of the Public Acts of 1943, as amended, and which either may levy a property tax or may expend funds of the authority or organization.
There is no reference in the act to any judicial appropriations or to any judicial units within the state; in particular, trial courts are not mentioned in the act or in its definitional sections. While subsection (2d)(l)(f) specifies that the board of commissioners of a county is the "legislative body,” the same section defining "local units” makes no reference to the judiciary.
Therefore, because the district and circuit courts do not come within the parameters of the Uniform Budgeting and Accounting Act, the county board or control unit cannot interfere with a court’s inherent and statutory authority by the use of line-item appropriations. In so concluding, I nevertheless urge my judicial colleagues to make a good-faith effort to accommodate their county boards by submitting their court budgets in a manner that will facilitate their boards’ compliance with the Uniform Budgeting and Accounting Act requirements.
D. Administrative Orders
Finally, I address the propriety of a court entering an administrative order to compel funding for court operations. MCR 8.112(B).9 This court rule, as did GCR 1963, 927.2(a), provides that_
*743(1) A trial court may issue an administrative order governing only internal court management. [Emphasis added.]
In light of the clear language of the court rule, this Court concludes that MCR 8.112(B) provides no authority for a court to compel needed funding by issuing an administrative order. Therefore, I would hold that administrative orders may not be used as a procedure by which the courts exercise their authority to obtain reasonable and necessary appropriations.
Ill
Summary
Thus, to lay a foundation for establishing a procedure for the trial courts of Michigan to compel funding, I would hold that the court has the inherent power to compel funding for reasonable and necessary expenditures for court operations but that this power cannot be broader than the established need which compels its exercise.
I would hold further that the court is not a "local unit” within the parameters of the Uniform Budgeting and Accounting Act; hence, the county has no authority to exercise line-item control over the court’s budget.
Finally, I would hold that it is a misuse of the administrative order as provided in MCR 8.112(B) to compel appropriations by issuing such orders.
Having established this foundation, I would hold *744that, when accord cannot be reached with the legislative funding authority, the court should initiate suit and bear the burden of proving that its appropriation request is reasonable and necessary to the court’s operation. I would caution that to be reasonable and necessary the need must not only be practical rather than relative, but it must be shown that the funds are needed for the effective administration of justice.10 The trial court’s opinion should set forth specific findings of fact, identifying those judicial functions that will be in jeopardy if the appropriation requested is denied, and conclusions of law indicating why the function is required by the constitution.
In so concluding, I reject Hillsdale County’s argument that the "serviceability” test is the equivalent of the test for "reasonableness” and is the proper test to be used in appropriation disputes. The theory of a serviceable level of funding, they argue, was adopted by this Court in Wayne Circuit Judges, supra, 9, and further defined by the Court of Appeals in Wayne Co Prosecutor v Wayne Co Bd of Comm’rs, 93 Mich App 114, 124; 286 NW2d 62 (1979), wherein the Court stated:
A serviceable level of funding is the minimum budgetary appropriation at which statutorily mandated functions can be fulfilled. A serviceable level is not met when the failure to fund eliminates the function or creates an emergency immediately threatening the existence of the function. A serviceable level is not the optimal level. A function funded at a serviceable level will be carried out in a barely adequate manner, but it will be carried *745out. A function funded below a serviceable level, however, will not be fulfilled as required by statute.
However, I am persuaded that "serviceability” must be equated with "necessity” and not "reasonableness” as the Hillsdale County Board argued. A serviceable level of funding is a lower level than the reasonable and necessary standard of funding defined in this opinion. A reasonable and necessary standard will provide a court with the means to carry out its constitutionally mandated functions effectively for the people of the State of Michigan.
Furthermore, implicit in this opinion is the conclusion that a court may not institute an original mandamus action to compel appropriations. This opinion requires a court to initiate suit and bear the burden of proving that its funding request is reasonable and necessary. The very fact that what must be proven is the reasonableness and necessity of the expenditure, clearly renders a mandamus proceeding inappropriate. In Toan v McGinn, 271 Mich 28; 260 NW 108 (1935), this Court stated that mandamus will not lie to compel performance of a disputed fact, but rather only where there is a plain and clear legal duty. Consequently, a mandamus action should not be used by the judiciary to compel court-requested appropriations.
Finally, I would require that the State Court Administrator assign a circuit court judge to preside over these proceedings. I would require further that these proceedings be completed and an opinion entered within ninety days of the assignment of the circuit court judge. I would provide that, in an appeal from the trial court to the Court of Appeals, the time for taking all steps should be *746halved. This includes the time for filing the claim of appeal; ordering and filing the transcript; filing the record and briefs and notice of hearing. I believe that these cases should take precedence over other cases in being placed on a session calendar and an opinion should be filed by the court within ninety days following the date of the hearing.
I would apply the guidelines and procedures set forth in this opinion to all cases now pending in the trial courts or in the Court of Appeals.
IV
Conclusions
Thus, I respectfully dissent.
I would reverse and remand Employees & Judge of the Second Judicial Dist v Hillsdale Co, because the trial court improperly placed the burden of proving that the administrative order was unreasonable on the County of Hillsdale.
And, I would vacate Administrative Order 1984-2 and the pendent contempt proceedings in Bd of Comm’rs of Cheboygan Co v Cheboygan Circuit Judge, for the reason that the issuance of such an order was an improper use of MCR 8.112(B).
I would deny Cheboygan County’s request for injunction as moot.
Finally, I would address the remaining issue raised in Cheboygan Co to give guidance to the trial court in the event of future proceedings.
Attorney Fees
The procedure outlined in this opinion puts the burden on the judiciary to prove that requested appropriations for court operations are reasonable *747and necessary. Pursuant to this procedure, a court will need to employ outside counsel to litigate its interests. Invariably, the need for outside counsel will give rise to the issue of attorney fees, as was true in the instant case.
I conclude, first, that the right to attorney fees in inherent power cases cannot arise out of MCL 49.73; MSA 5.826 or MCR 8.110(E).11 In order for a board of commissioners to pay reasonable attorney fees for representation of a judge under MCL 49.73; MSA 5.826, the judge must be a defendant in a civil matter, exercising an official act or duty of the office.12 Without addressing all the criteria a *748judge must meet to fall within the purview of this statute, I would dispose of its applicability solely on the "as a defendant” language. Under the procedure set forth in this opinion, the judge of a court who institutes an action to compel the provision of funds for the court’s operation will always be a plaintiff, carrying the burden of proof. Thus, a judge initiating inherent power litigation would not qualify for reasonable attorney fees under MCL 49.73; MSA 5.826.
Moreover, a judge will not be able to obtain reasonable attorney fees in these inherent power cases under MCR 8.110(E).13 While this court rule *749does state certain duties and powers of a chief judge, it does not grant to the judge, either expressly or by implication, the right to recover reasonable attorney fees when the judge is a party to inherent power litigation.
I conclude, however, that the inherent power of a court includes those powers reasonably required for its practical exercise. Michigan, as well as other jurisdictions, has allowed a court to employ counsel and recover reasonable attorney fees arising out of such inherent power litigation.
In Wayne Circuit Judges, supra, 9, this Court ordered, inter alia, that the respective judgments of the circuit court and the Court of Appeals be affirmed. The circuit court, in its decision, had concluded that the judges who brought the mandamus 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 endorsed the right to attorney fees in such cases.
In Young v Bd of Co Comm’rs of Pershing Co, 91 Nev 52, 55-56; 530 P2d 1203 (1975), the Nevada Supreme Court held that where a district judge was required to employ counsel to institute a mandamus action to compel the county to appro*750priate certain budgetary requests, the district judge was entitled to reasonable attorney fees.
Finally, the Indiana Supreme Court in Levco v Auditor of the State, 271 Ind 415, 418; 393 NE2d 749 (1979), stated in pertinent part:
[W]here the judge institutes the action in his official capacity, not for his personal pecuniary reward, but for the purpose of meeting the operational needs of the court, a reasonable attorney fee must be paid by the county. Sullivan Co Council v Hon Brian W Smith [271 Ind 92; 390 NE2d 645 (1979)].
Thus, I conclude that a court can employ outside counsel and recover reasonable attorney fees in an inherent power controversy. To hold otherwise would impair the inherent power of the court.
In concluding that there is a right to reasonable attorney fees, I conclude also that the standard for determining "reasonableness” is the standard set forth in Crawley v Schick, 48 Mich App 728; 211 NW2d 217 (1973), and adopted by this Court in Wood v DAIIE, 413 Mich 573; 321 NW2d 653 (1982).14 The Court of Appeals in Crawley held, in pertinent part:
Where the amount of attorney fees is in dispute each case must be reviewed in light of its own particular facts. There is no precise formula for computing the reasonableness of an attorney’s fee. However, among the facts to be taken into consideration in determining the reasonableness of a fee include, but are not limited to, the following: (1) the professional standing and experience of the attorney; (2) the skill, time and labor involved; (3) the amount in question and the results achieved; *751(4) the difficulty of the case; (5) the expenses incurred; and (6) the nature and length of the professional relationship with the client. See generally 3 Michigan Law and Practice, Attorneys and Counselors, § 44, p 275 and Disciplinary Rule 2-106(B) of the Code of Professional Responsibility and Ethics. [Crawley, supra, 737.]
This Court in Wood, supra, adopted the six-factor guideline enumerated in Crawley, and also affirmed the Court of Appeals decision suggesting that the list was not exhaustive. The Wood Court stated:
While a trial court should consider the guidelines of Crawley, it is not limited to those factors in making its determination. [Wood, supra, 588.][15]
*752Thus, I conclude and would hold that the trial court requesting funding for reasonable and necessary court operations has the burden of proving that the requested attorney fees are reasonable. Moreover, an itemized bill of costs will not be sufficient on its face to establish reasonable attorney fees. Petterman v Haverhill Farms, Inc, 125 Mich App 30, 33; 335 NW2d 710 (1983).
Finally, I would adopt the language in Wood, supra, 588, to be applied in court appropriation disputes in relation to findings of specific factors and appellate review:
Further, the trial court need not detail its findings as to each specific factor considered. The award will be upheld unless it appears upon appellate review that the trial court’s finding on the "reasonableness” issue was an abuse of discretion.
Thus, I would reverse and remand Hillsdale and Cheboygan for proceedings consistent with this opinion. And, I would award no costs, a public issue being involved.
Williams, C.J., and Ryan, J., concurred with Riley, J.It may be argued, as does the majority, that in deciding these cases we need not address the constitutional doctrine of inherent power because there is statutory authority that may be relied upon to decide the instant cases.
I do not agree. I address the constitutional issue because I believe . that to do otherwise is to miscalculate the enormity of the problem and to be insensitive to the concerns of members of the judiciary and county funding units who seek our guidance. Implicit in the conflicts *729that arise between these two units of government is the issue of inherent power. To leave this issue "to another day,” as my colleagues do, is to leave unresolved the fundamental question in cases that have plagued us for a decade; and thus prolong the struggle rather than speak to it now. This, I believe, does not serve the parties in the instant cases, those cases presently making their way through the court system, nor the people of the State of Michigan.
"The state is divided into judicial circuits as provided in this chapter [600.502 through 600.549g].” MCL 600.501; MSA 27A.501.
"The presiding judge shall have full authority and control, subject to supervision of the supreme court, over all matters of administration.” MCL 600.8221; MSA 27A.8221.
See Note: The courts’ inherent power to compel legislative funding of judicial functions, 81 Mich L R 1687-1701 (1983); Baar, Separate but subservient: Court budgeting in the American states, pp 6-7 (1975).
Conversely, this slight intrusion by the judicial branch into the legislative function does little to weaken the legislative branch. See 81 Mich L R 1688, n 4 supra.
See Commonwealth ex rel Carroll v Tate, supra, 52.
In Municipal Court v Bloodgood, 137 Cal App 3d 29, 36-37; 186 Cal Rptr 807 (1982), the state accounting office identified several consequences of a new austerity budget: (1) consolidation of all municipal court districts, (2) virtual elimination of civil calendars, (3) elimination of small claims court cases, and (4) cutbacks in the criminal misdemeanor calendar, and concluded that if an appropriation results in elimination of basic court functions or an identifiable violation of state law, then budget pressures would replace legal judgments. See 81 Mich L R 1691-1692, n 4 supra.
Recognition of the potential threat to the independence of the judiciary, and the inevitable erosion' of public trust arising out of these confrontations, has led twenty-seven states to assume responsibility for funding their state courts. See Tobin, Managing the shift to state court ñnancing, 7 Just Sys J 70 (1982). See 81 Mich L R 1687-1688, n 4 supra. See Gilmore, The day the Detroit courts ran out of money, 19 Judges’ J 36 (1980).
"(B) Administrative Orders.
"(1) A trial court may issue an administrative order governing only internal court management.
"(2) Administrative orders must be sequentially numbered during the calendar year of their issuance. E.g., Recorder’s Court Administrative Order 1984-1, 1984-2.
*743"(3) Before its effective date, an administrative order must be sent to the state court administrator. If the state court administrator directs, a trial court shall stay the effective date of an administrative order or shall revoke it. A trial court may submit such an order to the Supreme Court as a local court rule.”
An increasing number of studies of judicial funding and court management have been conducted in recent years. See -Hoffman, Court financing: An overview and assessment, 7 Just Sys J 6 (1982). These studies can be useful to make comparisons relative to the level of funding in other jurisdictions with the level of funding provided the court in invoking inherent power.
"Sec. 3. The board of commissioners of a county shall employ an attorney to represent elected county officers, including the sheriff, prosecuting attorney, clerk, treasurer, county surveyor, county executive, register of deeds, drain commissioner, mine inspector, public works commissioner, and judges of the county district, probate, and circuit courts in civil matters, as a defendant, when neither the prosecuting attorney or county corporation counsel is able to represent the particular officer. Legal advice, counsel, or court action shall be required under this section only in a case which involves an official act or duty of the office of the county officer. The attorney shall receive reasonable compensation as shall be determined by the board of commissioners. This section shall not supersede section 8 of Act No. 170 of the Public Acts of 1964, being section 691.1408 of the Michigan Compiled Laws.” MCL 49.73; MSA 5.826. (Emphasis added.)
acknowledge that in the instant case the matter of attorney fees for Circuit Judge Livo arose following a motion for superintending control filed by the Cheboygan County Board of Commissioners. Thus it is argued that Judge Livo is a defendant in these consolidated proceedings within the language of MCL 49.73; MSA 5.826 and not a plaintiff in an inherent power action by virtue of issuing Administrative Orders 1984-1 and 1984-2.1 believe that this is too narrow a view of the nature of these proceedings. Further, it places the issue of the reasonableness of the requested attorney fees before the board of commissioners rather than the trial judge where it belongs. (See emphasized language in n 11.)
In this opinion, I conclude that the court may not issue an administrative order to compel funding but rather must initiate suit to establish that its funding request is reasonable and necessary. A necessary part of that proceeding will be to establish the reasonableness of the requested attorney fees in accordance with the standards set forth in this opinion. Given the fact that this opinion requires that the court initiate suit (thus be a plaintiff), MCL 49.73; MSA 5.826 would never be implicated and it is not applicable in the instant proceeding in light of our treatment of the primary issue.
"(E) Duties and Powers of Chief Judge.
"(1) A chief judge shall act in conformity with the Michigan Court Rules, administrative orders of the Supreme Court, and local court rules, and should freely solicit the advice and suggestions of the other judges.
"(2) As the presiding officer of the court, a chief judge shall:
"(a) call and preside over meetings of the court;
"(b) appoint committees of the court;
"(c) initiate policies concerning the court’s internal operations and its position on external matters affecting the court;
"(d) represent the court in its relations with the Supreme Court, other courts, other agencies of government, the bar, the general public, and the news media, and in ceremonial functions; and
"(e) counsel and assist other judges in the performance of their responsibilities.
"(3) As director of the administration of the court, a chief judge shall have administrative superintending power and control over the judges of the court and all court personnel with authority and responsibility to:
"(a) supervise caseload management and monitor disposition of the judicial work of the court;
"(b) direct the apportionment and assignment of the business of the court, subject to the provisions of MCR 8.111;
"(c) determine the hours of the court and the judges; coordinate and determine the number of judges and court personnel required to be present at any one time to perform necessary judicial and administrative work of the court, and require their presence to perform that work;
"(d) supervise the performance of all court personnel, with authority to hire, discipline, or discharge such personnel, with the exception of a judge’s secretary and law clerk, if any;
"(e) coordinate judicial and personnel vacations and absences, subject to the provisions of subrule (F);
*749"(f) supervise court finances, including financial planning, the preparation and presentation of budgets, and financial reporting;
"(g) request assignments of visiting judges and direct the assignment of matters to the visiting judges;
"(h) effect compliance by the court with all applicable court rules and provisions of the law; and
"(i) perform any act or duty or enter any order necessarily incidental to carrying out the purposes of this rule.
"(4) If a judge does not timely dispose of his or her assigned judicial work or fails or refuses to comply with an order or direction from the chief judge made under this rule, the chief judge shall report the facts to the state court administrator who will, upon the Supreme Court’s direction, initiate whatever corrective action is necessary.
"(5) A chief judge may delegate administrative duties to a trial court administrator or others.” MCR 8.110(E).
In Liddell v DAIIE, 102 Mich App 636, 652; 302 NW2d 260 (1981), the Crawley factors were applied to the no-fault insurance scheme. MCL 500.3148(1); MSA 24.13148(1).
Other factors that the trial judge may consider include whether the court involved in the appropriations dispute made any attempt to resolve the conflict short of litigation and, in addition, criteria set forth in Disciplinary Rule 2-106 of the Code of Professional Responsibility in determining the reasonableness of a fee.
"Fees for Legal Services
"(A) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee.
"(B) A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining the reasonableness of a fee include the following:
"(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
"(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.
"(3) The fee customarily charged in the locality for similar legal services.
"(4) The amount involved and the results obtained.
"(5) The time limitations imposed by the client or by the circumstances.
"(6) The nature and length of the professional relationship with the client.
"(7) The experience, reputation, and ability of the lawyer or lawyers performing the services.
"(8) Whether the fee is fixed or contingent.
*752"(C) A lawyer shall not enter into an arrangement for, charge, or collect a contingent fee in a divorce case or for representing a defendant in a criminal case.” Code of Professional Responsibility, DR 2-106.