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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. 5752 August 4, 1980 COUNTIES: Sheriff to serve as a district court officer COURTS, DISTRICT: Authority to request sheriff to serve as district court officer The sheriff of a county is required to furnish deputy sheriffs to attend sessions of a district court when requested by the court. The district court control unit must pay the cost of such services provided by deputy sheriffs. The Honorable Art Miller, Jr. State Senator The Capitol Lansing, Michigan 48909 You have requested my opinion on the following questions: 1. Is the sheriff of a county required to furnish deputy sheriffs to attend sessions of a district court in districts of the third class? 2. Must the city or township in which a district court of the third class sits pay the cost for the deputies furnished the court by the sheriff? You have informed me that a district court judge has requested that the county sheriff furnish a deputy sheriff for attendance at sessions of the district court. In your first question you inquire whether the county sheriff must comply with the district judge's request. 1961 PA 236, Sec. 581, as amended by 1974 PA 297, Sec. 1; MCLA 600.581; MSA 27A.581, provides: 'The sheriff of the county, or his deputy, shall attend the circuit court, probate court, and district court sessions, when requested by these courts, and the sessions of other courts as required by law. The judge in his discretion: '(a) shall fix, determine, and regulate the attendance at court sessions of the sheriff and his deputies; '(b) may fine the sheriff and his deputies for failure to attend.' Section 581 is clearly mandatory, in that it says 'the sheriff of the county, or his deputy, shall attend the . . . district court sessions, when requested by these courts . . .' Further, the legislature has seen fit to provide a penalty should a sheriff or his deputy fail to attend when requested to do so by the court. In answer to your first question, it is my opinion that the sheriff of a county is required to furnish deputy sheriffs to attend sessions of a district court, including the sessions of a district court held in a district control unit of the third class when the court requests their attendance. In your second question you inquire whether the costs of providing a deputy to a district court in a district control unit of the third class is to be paid by the district control unit of the city or township in which the district court sits. 1968 PA 154, Sec. 1, as amended by 1970 PA 235, Sec. 1, provides: 'The term 'district control unit' means: '(a) The county in districts of the first and second class. '(b) The city or the township in districts of the third class. '(2) Except as otherwise provided in this act, a district control unit shall be responsible for maintaining, financing, and operating the court only within its political subdivision. In districts of the 3rd class a political subdivision shall not be responsible for the expenses of maintaining, financing, or operating the district court, traffic bureau (office) or small claims division incurred in any other political subdivision except as provided by section 8621 and other provisions of this act. [Emphasis added]. '(3) One or more district control units within any district may agree among themselves to share any or all of the expenses of maintaining, financing, or operating the district court. To become effective such agreements must be approved by resolution adopted by the governing body of the respective political subdivisions entering into the agreement, and upon approval such agreements shall become effective and binding in accordance with, to the extent of and for such period stated in that agreement.' MCLA 600.8104; MSA 27.8104. The responsibility for the maintenance, financing and operation of a district court within a district control unit of the third class has clearly been placed with the district court units. Attendance by a sheriff or his deputy is at the request of the court, is a part of the court's operations and is for the benefit of the court. It is therefore my opinion that the cost for deputies furnished the court by the sheriff must be borne by that court's district control unit. Frank J. Kelley Attorney General
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