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KENT PROSECUTING ATTY. v. KENT CIRCUIT JUDGES

Docket No. 57932.

110 Mich. App. 404 (1981)

313 N.W.2d 135

KENT PROSECUTING ATTORNEY v. KENT CIRCUIT JUDGES.

Michigan Court of Appeals.

Decided October 19, 1981.

Attorney(s) appearing for the Case

David H. Sawyer, Prosecuting Attorney, and Carol S. Irons, Chief Appellate Attorney, for plaintiff.

Varnum, Riddering, Wierengo & Christenson (by Dennis C. Kolenda), for defendants.

Amicus Curiae:

Governor of Michigan, by Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Keith D. Roberts, Assistant Attorney General.

Before: J.H. GILLIS, P.J., and T.M. BURNS and N.J. KAUFMAN, JJ.

PER CURIAM.

On May 14, 1981, the Kent County Circuit and District Court Judges1 issued an "Emergency Administrative Order" authorizing the Kent County Sheriff to release inmates from the Kent County Correctional Facility whenever the jail became overcrowded. The order provided:

"IT IS ORDERED that the sheriff be, and he is hereby, granted authority to release inmates confined on criminal

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