MTA Legal Defense Fund

MTA Legal Defense Fund brochure (.pdf)
(Note: Complete text of brochure is included below)

 

MTA Legal Defense Fund application form (.pdf)

 

Since 1972, the Michigan Townships Association’s (MTA) Legal Defense Fund (LDF) has defended Michigan townships against litigated threats to their authority and fiscal stability.

 

Originally established to assist in a lawsuit involving assessment administration, the LDF became a per­manent member service when the Board of Direc­tors recognized the profound value in establishing a permanent fund to protect against a growing number of court cases with the potential to have significant impact on the operations and authority of townships across Michigan.

 

Unfortunately, many townships do not have the financial resources or access to the appropriate legal expertise to effectively present to the courts the broader issues contained in some of these cases. The LDF helps townships effectively present a case by providing vital assistance and sound legal advice, protecting all Michigan townships from litigated as­saults on their authorities.

 

Common examples of Legal Defense Fund cases include—but are not limited to—issues such as assessing, annexation, water and sewer services, governmental immunity, taxation, and zoning.

 

For additional information, call (517) 321-6467.

 

Evaluation of Requests

When a request is received by MTA, the Executive Committee of the MTA Board of Directors reviews each case on a number of criteria, including the relevance to townships; statewide impact; significance of potential outcomes for townships; ethical, social or political concerns; likelihood of a successful outcome; and other concerns that may be unique to the specific request.

 

The Executive Committee is advised by MTA Legal Counsel and the executive director on the case’s merits, concerns and other issues. Then, after weighing all the information, the committee decides whether to offer LDF assistance, and the type and extent of the assistance to be tendered. For issues in which time is not a factor, the Executive Committee may submit the request to the full Board.

 

How Assistance is Awarded

MTA receives more than 30 requests each year for LDF assistance. Unfortunately, not all requests can be approved. Due to limited resources, only those cases deemed most deserving will be awarded assistance. In most cases, the award will come in the form of an amicus curiae brief rather than financial assistance. On a more limited basis, financial support and/or consultation is provided when appropriate.

 

LDF assistance is not limited to townships. Assistance may be given to state agencies, cities, counties, library authorities or other entities, if the case merits such assistance due to potential impacts on townships.

 

Increasingly, requests come from the courts themselves, asking MTA to lend its considerable knowledge of the workings of local government to weigh in on issues of concern through MTA filing an amicus curiae brief.

 

Frequently Asked Questions 

 

Q. My township con­tributed to the Legal Defense Fund. Are we guaranteed to receive money if we request it?

A. The LDF is not a pre-paid legal insurance program. Regardless of whether your township contributed, assistance is not guaranteed.

 

The MTA Executive Committee evaluates each LDF case on various factors before deciding whether to approve assistance. Most importantly, they will decide, with advice from MTA Legal Counsel and the executive director, whether the case has the potential for substantial statewide impact.

 

Q. What is an “amicus curiae” brief?

A. The term “amicus curiae” is Latin for “friend of the court.” In this instance, it refers to a legal brief filed in court by a person or organization who is not a party to the litigation, but who believes that the court’s decision may affect its interests.

 

Through such briefs, MTA is able to provide valuable legal insights for the courts to consider, which may not have been presented otherwise.

 

MTA’s amicus curiae briefs have come to be considered so valuable that the courts themselves are increasingly requesting them—even when the LDF has not received an assistance request from the township involved in litigation.

 

Q. How long does it take to find out if our request was approved?

A. Once MTA has received a request for assistance, the consideration process can take up to two months, but if time is a factor, a request will be considered more quickly.

 

Q. My township didn’t contribute to the Legal Defense Fund. Are we eligible to receive assistance?

A. Yes, as long as your case has the potential for significant statewide impact. However, MTA hopes that all townships recognize the value of such an important resource and would choose to contribute to ensure the LDF is available for all townships.

 

Q. If we aren’t guaranteed assistance, why should we continue to contribute?

A. The LDF was established to protect the authorities and responsibilities of all townships in Michigan. Your contribution is in the best interest of all townships—including yours—because it strengthens our ability to ensure townships receive the best possible legal advice and assistance. More than 90 percent of Michigan’s town­ships contribute to the LDF, but the threats to townships increase with each passing year. Your contribution is needed now more than ever to ensure the effective­ness and viability of township government well into the future.

 

Q. Will the Legal Defense Fund pay all of our legal fees and costs?

A. Most often, assistance is in the form of an amicus curiae brief filed on behalf of the Association. Due to limited funds, when financial assistance is granted, the LDF can usually offer only partial financial assistance, based on a show of financial need. In most cases, the township requesting assistance will also be required to shoulder the major share of the litigation costs.

 

Q. Are townships legally authorized to contribute to the Legal Defense Fund?

A. Yes. The declared purpose of the incorporation of the Michigan Townships Association states in part: “To unite township officials throughout the State of Michigan for the purpose of promoting and encouraging mutual ben­efit, protection and improvement.”

 

In Hayes v City of Kalamazoo, the Michigan Supreme Court upheld the legality of the dues being paid by cities to the Michigan Municipal League, which has a similar stated purpose. As such, it is MTA Legal Counsel’s opinion that all Michigan townships are authorized to use funds for membership in MTA and to contribute to the LDF.

 

More recently, in Joseph M. Hess and William Wheeler v Grattan Township, the Michigan Court of Appeals held that townships have the authority to contribute funds toward litigation of other governmental entities where they may also suffer damage.