SBM Blog

Michigan Supreme Court rules victims can have travel expenses fees paid by defendants

In a five to two decision released yesterday, the Michigan Supreme Court ruled that victims can have travel expenses paid for them by perpetrators of crime. The decision overruled an earlier decision of the Michigan Court of Appeals.

The majority wrote that travel costs can be considered part of full restitution payments:

The issue is whether these statutes authorize courts to order a defendant to pay restitution for the reasonable travel expenses that victims incur while securing their stolen property and attending restitution hearings. We conclude that the statutes do authorize such payments because they require courts to order full restitution, i.e., restitution that is complete and maximal.

Justices Markman and McCormack dissented from the decision, saying nothing in the law says judges can make defendants pay travel expenses.

Posted by Samantha Meinke

 

Throw Back Thursday: Michael Franck received the first ever Michael Franck Award

It was almost 20 years ago to the day that former SBM Executive Director Michael Franck received the first ever Michael Franck Professional Responsibility Award from the American Bar Association. He received his award on May 31, 1994 at the Chicago Yacht Club. 

The following was written by Jeanne Gray and published in The Professional Lawyer in August of 1994.

On May, 31, 1994, a great man was paid tribute by the legal profession he had nurtured and sustained throughout his life. For his outstanding contributions to the profession, Michael Franck was honored by the American Bar Association with the establishment of the Michael Franck Professional Responsibility Award.

On June 28, 1994, Michael Franck passed away leaving a legacy of the law as a high calling, of justice as a defendable right, and of public service as the beacon of a life's work.

For those of us fortunate enough to have been linked with Mike throughout his career, we learned through him that the law was illuminating and empowering and that reform was only one good debate away.

As stated by his colleague Robert Hetlage, past Chair of the ABA Standing Committee on Ethics and Professional Responsibility, on the occasion of the establishment of the Michael Franck Professional Responsibility Award:

You have done more than any lawyer I have known in my many years of work in the Bar to advance the cause of professional practice, by example, by personal commitment and dedication, by foresight and a remarkable sense of what is right and what works, by sound judgment and leadership, and by pure hard work.

The seeds of Michael Franck's journey as the champion of professional responsibility began in New York City in the early days of professional regulation. For a decade he dominated the scene as the Chief Litigator of the Committee on grievances of the Association of the Bar of the City of New York. There he acquired the reputation as tough minded prosecutor and persuasive advocate.

Throw Back Thursday: Board of Commissioners back in the day

This Thursday we take a look back at the SBM Board of Commissioners circa the mid-1990s. Notice any familiar faces in the crowd?

Posted by Samantha Meinke

Media Coverage of the SCOTUS Bay Mills Indian Community casino decision

Here is a summary of media reports on yesterday's U.S. Supreme Court decision about an off-reservation Bay Mills Indian Community casino in northern Michigan:

From the Detroit Free Press: U.S. Supreme Court: Michigan can't sue Bay Mills tribe in casino case

From the Detroit News: High Court: Mich. can't sue to block off-reservation casino

From MLive: Flint Township awaits word on what U.S. Supreme Court ruling means for casino proposal

From the Sault Ste. Marie Evening News: Court says Mich. can't block Indian casino

From Michigan Radio: U.S. Supreme Court ruling may pave the way for Lansing casino

From the Port Huron Times Herald: High court gives Bay Mills a stay

 

Posted by Samantha Meinke

Michigan Supreme Court would like you to participate in e-filing survey

The Michigan Supreme Court is seeking feedback in a survey regarding key features of a statewide e-filing system. The survey, developed by the National Center for State Courts, will remain open through Tuesday, June 3. Click here to access the survey.

An extensive e-filing stakeholder workshop was held in April and the survey is a follow-up to that discussion. Based on its research, experience in other states, and input from stakeholders and the general public, the NCSC will be issuing a report to the Michigan State Court Administrator's Office with recommendations for an e-filing system that best meets Michigan's needs.

The goal is to create an accessible statewide e-filing system that works well for users, is funded fairly and takes into account the unique and divergent resources of the 244 trial courts in Michigan. E-filing allows for the filing of court documents from anywhere in the state at any time of the day without having to drive to a court office or send large amounts of printed materials via a delivery service, thereby saving time, gas, parking fees, copy costs and delivery charges. A statewide e-filing system will also allow for the electronic notice and service of process and other expanded benefits to improve the efficiency of court interactions by attorneys, parties, and the public.

Posted by Samantha Meinke

Last Call: Participate in the 2014 Economics of Law Practice Survey Now

Friday, May 23, is the last day you can participate in the 2014 State Bar of Michigan Economics of Law Practice Survey.

The survey will take less than five minutes to complete, and is divided into questions directed at private practice attorneys and questions aimed at attorneys employed in other sectors. When members participate in the survey, their privacy will be fully protected and their replies will remain strictly confidential. Results will be reported in the aggregate only—no individual results will be identifiable.

Survey participants will be entered into a drawing for prizes, including an iPad, two $250 gift cards, and two $150 donations to the Access to Justice Fund in the name of the prize winners.

Private practice attorneys take the survey here:
www.surveymonkey.com/s/privatepractice14

Non private practice attorneys take the survey here:
www.surveymonkey.com/s/nonprivatepractice14

Posted by Samantha Meinke

Michigan Supreme Court Issues Order Governing Motion Practice at the Court of Claims

The Michigan Supreme Court issued an order adopting Local Court Rule 2.119, governing motion practice at the state Court of Claims.

Local Court Rule 2.119 takes effect immediately and provides guidance on the form motions must take, form of affidavits, time for service and filing of motions and responses, uncontested orders, contested motions, motions for rehearing or reconsideration and motion fees.

Posted by Samantha Meinke

In Memoriam: Hon Cornelia G. Kennedy

The Honorable Cornelia G. Kennedy, the first woman appointed federal judge in Detroit, passed away on Monday at her home in Grosse Pointe Woods at the age of 90.

Judge Kennedy was born in Detroit on August 4, 1923. She earned a Bachelor of Arts and her law degree from the University of Michigan. She subsequently clerked for the Honorable Harold W. Stephens, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. She was the first woman to clerk for that court.

After 20 years in private practice in Detroit, she was elected to the Wayne County (Michigan) Circuit Court. In 1970 President Richard M. Nixon appointed her to the United States District Court for the Eastern District of Michigan. She was the first woman to sit on that court, and in 1977 she became the first female chief judge of a federal district court in the United States.

She was elevated to the United States Court of Appeals for the Sixth Circuit by President Jimmy Carter in 1979. She was the second woman to sit on that court, and held that position until her retirement on June 30, 2012. Judge Kennedy and her sister, the Honorable Margaret G. Schaeffer, were the first sister judges in the United States. Judge Schaeffer sat on the 47th District Court in Farmington Hills, Michigan from 1974-1992.

Judge Kennedy is survived by her son and daughter-in-law, Charles S. and Angela Kennedy; her grandchildren, Elizabeth and Matthew; her sister, Dr. Christine G. Gram; and 28 nieces and nephews.

A memorial service will be held on Friday, June 27, 2014 at 11:00 a.m. at Grosse Pointe Congregational Church. A luncheon will follow. In lieu of flowers, memorial contributions may be sent to The Honorable Cornelia G. Kennedy Scholarship, c/o Alexandra Haddad, University of Michigan Law School, 701 S. State St., Suite 4000, Ann Arbor, MI 48109. For more detail, please visit http://www.verheyden.org/book-of-memories/1867695/Kennedy-The-

Posted by Samantha Meinke

Michigan Supreme Court Releases Report on Problem Solving Courts

A report issued by the Michigan Supreme Court shows that problem solving courts in the state have substantially reduced recidivism among offenders.

Problem solving courts were recommended in a 2011 report issued by the State Bar of Michigan Judicial Crossroads Task Force. These courts are designed to innovatively address the root causes that bring offenders to the court system.

In the past few years the state has operated trial courts to give Michigan's judiciary a chance to measure the outcomes of problem courts. Three types of courts have run since 2011, including drug courts, mental health courts and veterans treatment courts.

From Oct. 1, 2013 to Sept. 30, 2013, drug courts handled 8,626 cases; about half of the cases were in a sobriety court program and the other half were in district court, juvenile courts or family dependency programs. Those who participated in sobriety court programs did significantly better than those in other programs. While 65 percent of offenders successfully completed sobriety court programs, less than half successfully completed adult circuit and adult district court programs. Recidivism rates among sobriety court participants were more than three times lower than those of their counterparts.

During the same period, 926 offenders participated in eight mental health courts. The recidivism rate for participants in mental health courts was four percent, compared to a 22 percent recidivism among their comparison group in other courts. This program was so successful the Michigan legislature introduced legislation in May of 2013 to codify and fund mental health courts.

Data gathering on the state's eight veterans treatment courts is still ongoing. They follow the drug court model, and incorporate elements of mental health courts to help veterans find sobriety, recovery and stability.

Posted by Samantha Meinke

 

Throw Back Thursday: parade of judges makes way to brand new Hall of Justice

A parade of judges passes down the walkway between the Michigan Capitol Building and the Hall of Justice (now known as the Frank J. Kelley Walkway) for the dedication of the Hall of Justice in October of 2002.

"This courthouse is the peoples’ building," former Michigan Supreme Court Chief Justice Maura Corrigan said at the dedication ceremony. "It is here to do the peoples’ business in the third branch of government."

To find out more about the dedication ceremony, check out this transcript on the Michigan Supreme Court Historical Society's website.

Posted by Samantha Meinke