[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5891 May 4, 1981 COURTS, PROBATE: Employment of juvenile court officers GOVERNOR: Authority to appoint juvenile court officers Juvenile court officers employed after September 30, 1980 are to be employed in the same manner as other county juvenile court employees and are not to be appointed by the Governor. Honorable William G. Milliken Governor The Capitol Lansing, Michigan You have requested my opinion whether county juvenile officers employed after September 30, 1980 are to be appointed by the Governor or to be employed in the same manner as other county juvenile court employees. Prior to its amendment by 1980 PA 248, (1) 1919 Ex Sess PA 22, Sec. 1, MCLA 400.251; MSA 16.101, provided that county juvenile officers be appointed by the Governor and serve at the will of the probate judge. As so amended, 1919 Ex Sess PA 22, Sec. 1, supra, provides in relevant part: '(1) Except as otherwise provided in section 2, this section shall apply to a person employed as a county juvenile officer as of September 30, 1980. '(2) The governor shall appoint upon the recommendation of the probate judge or judges in each county, a suitable person who shall serve as the county juvenile officer of the county. The county juvenile officer shall not be subject to or governed by civil service law of this state. Each juvenile officer shall hold office at the pleasure of the probate judge or judges of the county and shall perform the various duties required by law. (Emphasis added) By 1980 PA 248, the Legislature also amended 1919 Ex Sess PA 22, Sec. 3, MCLA 400.253; MSA 16.103 to apply to juvenile officers employed after September 30, 1980. In relevant part, 1919 PA 22, Sec. 3, supra, provides: '(1) This section shall apply to a person who commences employment as a county juvenile officer or an assistant county juvenile officer after September 30, 1980, and to a county juvenile officer or an assistant county juvenile officer who elects the option prescribed in section 2(c). '(2) A county juvenile officer or an assistant county juvenile officer subject to this section shall be employed in the same manner as other juvenile court employees are employed in the county in which the officer serves and shall receive only the salary, expenses, and fringe benefits provided by the county in which the officer serves.' Nowhere in 1919 Ex Sess PA 22, Sec. 3, supra, or in any other portion of that Act which deals with officers employed after September 30, 1980, is it provided that such employees shall be appointed by the Governor. 1919 Ex Sess PA 22, Sec. 1(2), supra, clearly does not apply because subsection (1) therefore specifically states the section applies only to officers employed as of September 30, 1980. Thus, the effect of amendatory 1980 PA 248 was to continue the appointive power through September 30, 1980, and not thereafter. It is my opinion, therefore, that 1919 PA Ex Sess PA 22, Sec. 3, supra, provides that county juvenile officers employed after September 30, 1980, are to be employed in the same manner as other county juvenile court employees and are not to be appointed by the Governor. Frank J. Kelley Attorney General (1)
[ Previous Page] [ Home Page ]