People v Edwards (MI): Amicus Brief

Street Democracy, with several partners, filed an amicus brief arguing that MCL 769.1k(1)(b)(iii), which lets Michigan trial courts fund their own operations by charging costs to criminal defendants, is unconstitutional. The law hands judges a legislative function: deciding how much revenue their court needs, then collecting it from the people in front of them. It also creates a financial stake in convictions that violates due process.

On July 7, 2023, the Michigan Supreme Court denied leave to appeal, leaving the law in place. Three justices wrote separately to flag the problem:

• Justice Bolden (joined by Chief Justice Clement and Justice Bernstein) pointed to the law's May 2024 sunset date as the Legislature's chance to act on a 2019 state commission finding that 26% of trial court funding, about $291 million a year, comes from fines and costs, and that this creates a "real or perceived conflict of interest."
• Justice Cavanagh, dissenting, would have struck the law down, giving the Legislature 18 months to find another funding source.
• Justice Welch, dissenting, said the case should have been decided on the merits, not dismissed.

Judges themselves have testified to the pressure: one court was threatened with eviction from its courthouse over low revenue, another was told to cut staff if collections fell short, and a third was called "the cash cow of our local government" by local officials.

The law remains in effect.