People v. Lavan

Plaintiff brought criminal charges against the defendant for commingling public and private funds in his capacity as justice of the peace in violation of MCLA 750.490; MSA 28.758. Defendant was acquitted by a jury. Defendant petitioned the trial court for costs and attorney’s fees. The trial judge awarded defendant costs and attorney’s fees in the amount of $15,115.20. Plaintiff appeals the award. We reverse.

Such an award is barred by the sovereign immunity doctrine unless the defendant can show statutory authority for liability in these matters. Court-right v Attorney General, 43 Mich 411,…