Frederick v. Presque Isle Co. Circuit Judge

In Frederick v. Presque Isle Co. Circuit Judge, 439 Mich. 1; 476 N.W.2d 142 (1991), the plaintiff filed an original action in the Court of Appeals for a writ of superintending control requesting an order directing the Presque Isle Circuit Court to authorize payment to the plaintiff for his court-appointed criminal appellate services. The plaintiff's request for payment was denied by the court administrator in a letter that stated in pertinent part: "Our budget does not presently contain funds to compensate you for your service nor am I aware of any statutory authority designating a governmental entity to make payment in this regard." Id. at 5, n 1. The Supreme Court of Michigan in Frederick held the plaintiff had no adequate remedy other than a writ of superintending control because the administrator's letter was not an order of the circuit court appealable to the Court of Appeals. Further, the Supreme Court found the plaintiff's complaint meritorious and held that the Court of Appeals should have granted the writ of superintending control. Under MCR 3.302, a complaint for superintending control may be filed when there is no other adequate remedy. In this case, the plaintiff could not appeal the circuit court's decision because that decision was not an order of the circuit court, but rather a letter submitted by the court's administrator. The circuit court issued no judgment or order which the plaintiff could appeal, and thus a complaint for superintending control was proper. The standard for issuing a writ of superintending control is to determine whether the lower court failed to perform a clear legal duty. People v. Flint Municipal Judge, 383 Mich. 429; 175 N.W.2d 750 (1970). Because we determine that our common law and MCL 775.16; MSA 28.1253 clearly establish the county's responsibility for paying assigned appellate attorneys, under Administrative Order No. 1989-3, the Chief Judge of the 26th Circuit Court has a clear legal duty to order the county's compensation of assigned appellate attorneys. Because the chief judge failed to perform this duty in this case, we hold that the Court of Appeals should have granted the writ for superintending control. Frederick, 439 Mich. at 14-15.