People v. Cunningham

The majority follows People v Sanders, 296 Mich App 710; 825 NW2d 87 (2012). I would instead follow People v Dilworth, 291 Mich App 399; 804 NW2d 788 (2011), a case that had previously decided this question, but which Sanders failed to follow.

In People v Dilworth, our Court considered whether “overhead” charges, i.e., the costs of operating a court system regardless of the filing of the single case at issue, could be assessed as court costs incurred in prosecuting the defendant. We held that such an assessment was improper:

When authorized, the costs of prosecution imposed “must bear some…