Bar Briefs - Macomb County Bar Association

Bar Briefs
Official Publication of the Macomb County Bar Association
Volume 32
May 2014
Number 11
Dedicated to Elder Law Solutions.
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Macomb County Bar Association
2013-2014
Board of Directors
In This Issue: May 2014
President
Julie Gatti
(586) 469-1111
President Elect
John B. DeMoss
(586) 469-9090
Secretary
Donald P. DeNault Jr.
(586) 726-1000
Treasurer
Stephen Becker
(586) 615-5617
Immediate Past President
Dana M. Warnez
(586) 757-0733
Directors / Term Ending
Anne MacIntyre-Freedland [2014]
(586) 803-3684
Nijad Mehanna [2014]
(586) 419-4500
Karen Trickey Pappas [2014]
(586) 465-8227
Joseph Golden [2015]
(248) 398-9800
R. Timothy Kohler [2015]
(586) 263-1600
Dawn Prokopec [2015]
(586) 778-7778
Jon C. Biernat [2016]
(586) 493-5377
James Maceroni [2016]
(586) 465-4900
Peter W. Peacock [2016]
(586) 466-7605
Young Lawyers Section Chair
Randall Chioini [2014]
(586) 260-2934
Women Lawyers Association of
Michigan - Macomb Region
Annemarie Lepore [2014]
(586) 783-3300
MCBA Staff
Executive Director
Rick R. Troy
[email protected]
Associate Executive & Communications Director
Dawn M. Fraylick
[email protected]
Member Services Representative
and LRS Director
Tracy Stabryla
[email protected]
4
From The President
25 Things You Don’t Know About Me
By Julie Gatti, President of the
Macomb County Bar Association
6
From the E.D.
Thanks and Congratulations
By Rick R. Troy, Executive Director, Macomb County Bar Association and Foundation
8
Circuit Court Corner
By Jennifer M. Phillips, 16th Judicial Circuit Court Administrator
12 Bench Bar Conference Spotlight
14 Bench Bar Conference Exhibitors
10 Some Evidence
By Hon. Carl J. Marlinga, Macomb County Probate Court
16 From the Real Property Committee
Macomb County Register of Deeds Recording Tips
By Craig Jones, Macomb County Chief Deputy Register of Deeds
18 Guest Article
The Second Chair
By Michael Osaer, Magistrate 41A District Court
20 Classifieds
May 16:00pmDodgeBowl
May 2
8:30am
Elder / Probate Committee Meeting
Jennifer Parison-Sadecki’s Office
123
May
2
3:00pm
Law Day Ceremony
4 5678 910
11 12 13 14 15 16 17
May 8
12:00pm
Criminal Committee Meeting
18 19 20 21 22 23 24
May 8
5:30pm
4th Annual Senior Reunion
25 26 27 28 29 30 31
May 13
12:00pm
Juvenile Committee Meeting
May 13
4:00pm
ADR Committee Meeting
(Plunkett Cooney, in Mt. Clemens)
May 26
Court Closed - Memorial Day
May 13
10:30am
CLE - Real Property
May 2014
June 16
11:45am
Annual Golf Outing
July 4
Court Closed
Independence Day
June 2014
1 2345 6 7
8 9101112 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
July 2014
123 4 5
6 7 8 9101112
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Macomb County Bar Association
Macomb County Circuit Court Building, 40 North Main St., Suite 435 • Mount Clemens, MI 48043-1037
Phone: (586) 468-2940 • Fax: (586) 468-6926 • MacombBar.org
“Advocating and promoting excellence in the legal profession by delivering quality service to our members and the public.”
Editors Note: The expressions of opinion published in Bar Briefs do not necessarily reflect the official position of the MCBA, nor does this publication constitute an endorsement of the views expressed. Bar Briefs (ISSN0886-506X) is published monthly by the Macomb County Bar Association. Copyright 2014 by the Macomb County Bar Association. Call (586) 468-2940 for advertising information. Subscription price of
$45 is included in the annual membership dues. Periodical class postage paid at Mt. Clemens, MI 48043. POSTMASTER: Send
address correction to MCBA Bar Briefs, 40 North Main St., Suite 435, Mt. Clemens, MI 48043-1037.
From the PResident
25 Things You Don’t
Know About Me
By Julie Gatti, Macomb County Bar Association President
The 86th President of
the MCBA, John DeMoss, takes over July
1. I get this space in
only one more issue of Bar Briefs after today
and yet I find myself at a loss. Perhaps it’s that
this - (see picture) - is distracting me.
A busy summer filled with MCBA activities,
as well as meetings of the Board of the Regional
Transit Authority (I served a one-year appointment which began in April 2013 as one of two
representatives from Macomb County), led my
family and I to decide to forego a week away
during summer vacation. Then my 6th grader,
Leyna, played Fall basketball and my son,
Julian, played Winter basketball on the JV team
at Lutheran North. And then the winter just kept
on coming. How could you blame me if I want
to savor every moment of our Florida Spring
Break trip? I know it’s no excuse. I should have written
my column before I left. But we had Bench
Bar and that takes some time. And I had to
pack. And there were NCAA tournament games
to watch. And those three or four things that
have been sitting around my office a while?
You know the type. The “back burner” stuff
that gets transferred from one week’s to-do list
to another’s and that would have been on my
August to-do list had I just kept working? Well, those took on
the highest priority on my last day of work before vacation. So here I sit, listening to the waves of the Gulf of Mexico
rolling beneath my window, wondering what to write this
month. Is it too early to start thanking everyone? That should
be next month, I decide. Should I interview the pedestrians on
Gulf Boulevard about how they love their crosswalk warning
MacombBar.org
4
systems? (Inside joke to those who read my column the LAST
time I rambled without a cogent topic). And while I contemplate (procrastinate?), I pick up the US Weekly someone
left at the condo and read, an article about NBC’s newest last
night host, “Seth Meyers -25 Things You Don’t Know About
Me.” #2 “My first car was a Renault LeCar. #21 “Growing
up, my family always had an Old English sheepdog and it was
always named Albert.” #22 “We are on Albert V.”
The idea itself may be less than original, but here it is.
Bar Briefs • May 2014
From the PResident
“MCBA – 25 Things You Don’t Know About Me.”
1. I am the 3rd largest voluntary bar association in Michigan.
2. The Macomb County court system is the third largest in Michigan.
3. Macomb County is the third largest county in Michigan.
4. I have FREE Notary service in the Bar office for MEMBERS.
5. My LAWPAY merchant account program processed 1.829 MILLION dollars in 2013.
6. Circuit Court Appointed Counsel required CLE’s can be viewed on my website at MacombBar.org.
7. Legally Speaking has been in production for over 15 years and shows can be viewed on MacombBar.org.
8. Bar Briefs are archived on MacombBar.org.
9. The annual Macomb County Court Directory is updated and available on MacombBar.org.
10. I employ three staff who have a collective 30 years of MCBA experience.
11. MacombBar.org has an online MCBA member directory.
12. I have had a presence in the 16th Judicial Circuit Court Building since it was built in 1972.
13. My current office was renovated in 2006 and provides members with conference rooms, copy service,
and a computer station.
14. Members can register for events online at MacombBar.org.
15. The Macomb County Bar Foundation was created in 1993. 16. Tracy has secret candy drawer.
17. Dawn loves chocolate covered strawberries.
18. Rick eats an apple a day.
19. Almost all of the salt water taffy in my office candy jar is eaten by the current President who is writing this article.
20. The Blue History Boards displayed on the 4th floor were part of the MCBA’s Centennial Display.
21. I was the first bar association in Michigan to have lawyer referral available to the public online 24/7 22. My Lawyer Referral Service has returned approximately 2.89 MILLION dollars to members in the past 10 years.
23. The History of the MCBA is available on MacombBar.org.
24. MCBA Award winners and names of my past presidents are available on MacombBar.org.
25. I was the first bar association in Michigan to give a full voting seat to the Chapter Chair of the
Women Lawyers Association of Michigan.
I encourage you to utilize your membership, stop by the MCBA office, attend an event, ask how our affinity programs can benefit your practice, and/or get involved in a substantive law committee. Most importantly, don’t hesitate to
share your ideas for the organization. There’s always a place for a 26th thing we don’t know.
MacombBar.org
5
Bar Briefs • May 2014
From the E.D.
Thanks and Congratulations
By Rick R. Troy, Executive Director, Macomb County Bar Association and
Macomb County Bar Foundation
Thank You
appellate advocacy achieves outstanding results or who demonstrates extraordinary commitment on behalf of appellate
How do you quantify the value of a volunteer? A simple assigned clients.
Paula Zimmer, former Executive Director of Oakland
formula of $X x Hrs fails to capture the spirit of good will
Livingston
Legal Aid, supervisor for the Family Law Asand ripple effect of positivity a volunteer has on every person
sistance Project and a teacher at Cooley Law School and
they encounter.
Oakland University, is retiring from her current senior lawyer
Over the past two months, almost two hundred attorneys have volunteered to bring value to the legal community position with Lakeshore Legal Aid. Simply put, Paula is a
hero to countless people throughout the region due to her
through participation in Settlement Week, the Bench Bar
advocacy for the poor. An event honoring her is being held
Conference and the inaugural Mock Trial Tournament. On
behalf of the high school students and teachers, members of on May 19 at The Iroquois Club in Bloomfield Hills. Anyone
may register or obtain more information at www.PaulaZimthe bench and bar, and numerous litigants, thank you to all
of our volunteers for giving your most precious of treasures, merCelebration.Eventbrite.com. Net proceeds will go to an
endowment which will support the Paula M. Zimmer Law
time.
I also wish to thank the exhibitors of the Bench Bar Con- Student Internships at Lakeshore Legal Aid. The Host Comference that contributed to making the conference an afford- mittee for the event includes George Googasian (Chair), Tom
able experience for all: Advanced Behavioral Rehabilitation, Cranmer, Jennifer Grieco, Elizabeth Luckenbach, Dean John
Class “A” Training Center, CourtCall Remote Access, Flag- Nussbaumer, Ed Pappas, Judge
Elizabeth Pezzetti and Dana Warnez.
star Bank, Hanson/Renaissance Court Reporting and Video,
House Arrest Services, ImageSoft, J.P. Carey
MCBA Tip Jar
Consulting, Macomb County Community Corrections, Smart
Fun Tip:
Start and Trickey Law PLLC.
Did you know about the photo gallery on MacombBar.org?
We post photos of members participating in various bar
Congratulations
events including the Bench Bar Conference, the Foundation’s
inaugural Mock Trial Tournament and even last year’s tor Lawrence S. Katz, recognized by many as the MCBA
nado infested Golf Outing! Check it out at www.MacombBar.
historian and affectionately referred to by some as Uncle
org.
Larry, has once again been recognized for his excellence in
the profession of law.
The Appellate Defender Commission has selected
Lawrence S. Katz as the recipient of the 2013 “Barbara R.
Levine Award in Recognition of Excellence in Appellate
Advocacy.” The annual award, which was presented on
March 19, 2014, honors a Michigan Appellate Assigned
Counsel System roster attorney whose
MacombBar.org
Event Tip:
If you ever want to know what is going on and how you can
get involved with MCBA or MCBF events visit MacombBar.org and click on VIEW ALL at the bottom of Upcoming
Events, read the weekly E-Briefs email or call the bar office.
6
Bar Briefs • May 2014
From the E.D.
Member Tip:
One of the hardest parts of working within
a professional membership organization is the fact
that members pass away. Many will recall the time
honored tradition of memorial services held in a court room
where personal and professional memories were shared. The
love and affection displayed at these memorials humbles
all and acts as a reminder that we are placed on earth to do
good. The opportunity for memorial services is available at
the request of a deceased member’s family or friends. Simply
contact the bar office and the MCBA Masters Section will
volunteer to facilitate a memorial service in Court. The
MCBA also offers In Memoriam announcements in Bar Briefs
and via email so that friends and colleagues are aware of the
profession’s loss.
Macomb County Bar Foundation News
The MCBF continues to accomplish its mission to
support and provide law related education with grants given
to two of Macomb County’s most important charities.
The Resolution Center is a nonprofit organization born
of the Foundation in 1993. The Foundation contributed to
the Center’s annual “Evening at the Movies” to help fund its
youth peer mediation and restorative justice initiatives.
Congratulations TRC on your 21st annual event!
Macomb Literacy Partners is a nonprofit organization
helping adults who have problems reading, writing, and/or
speaking English. MLP provides training for volunteer tutors
who work with students one-on-one or in small groups.
Congratulations on 30 years MLP!
The MCBF’s Legally Speaking has three new shows
being broadcast on several public and government television
stations. “Specialized Business Court”, hosted by Brian
Wassom features 16th Circuit Court Chief Judge John Foster
and Jerome Rock, arbitrator and mediator for business,
technology and construction industry disputes. “What do you
do when the Honeymoon is Over”, is hosted by
Anthony Urbani and features the Hon. Kathryn A. Viviano
and Macomb County Friend of the Court Referee David
Elias. “Eviction Diversion” is hosted by the Hon. Matthew
Sabaugh of the 37th District Court and features
MacombBar.org
7
Kelly Bidelman of the Legal
Aid and Defenders Office and Elaine
McGigor of the Macomb Homeless Coalition
as they spotlight a unique court program that is helping landlords and tenants. If you want to see the show on
your time, then simply go to MacombBar.org, scroll over to
the Foundation button, scroll down to Legally Speaking and
choose an episode off the menu.
Upcoming MCBA Events
Golf Outing
The Annual Golf Outing returns to Greystone Golf Club on
June 16. This event has sold out for more than the past ten
years so get your foursome registered fast! Golf Committee
Chair, R. Timothy Kohler always has a surprise for participants. It will be interesting to see what he comes up with this
year!
Boat Outing
Many members remember the MCBA’s boat outings. They
may not be able to share the stories with you because as the
saying goes, “what happens there, stays there”, but they are
memories that last a lifetime! While the MCBA hasn’t hosted
an “official” boat outing in a few years, the tradition had never
ended. If you are interested in attending the “Unofficial” boat
outing, contact George Parish at 586-415-1234.
Mt. Clemens Lawyers Softball League
Hon. Mark Switalski and Charles Trickey III, aka ‘The
Commissioners,” invite members to come on out to Mt.
Clemens Memorial Park on Groesbeck, just south of the
County Jail, to watch your colleagues compete in this summer
league sponsored by Madison’s Pub. The six week season
begins on Wednesday May 21 and concludes with playoffs in
July. Games are played Wednesday evenings and the teams
are sponsored by Orleans, Bath City Bistro, Rec Bowl, Gus
Coney Island, and Dooley’s Tavern. The umpire crew is sponsored by Three Blind Mice Irish Pub, and yes the rumor is true,
yours truly will once again make appearances behind the plate!
Looking forward to seeing you at the next event!
Bar Briefs • May 2014
CIRCUIT COURT
CORNER
Circuit Court Corner
By Jennifer M. Phillips,
16th Judicial Circuit Court Administrator
Settlement Week
Court staff will simply specify individual forms, case parties,
and attorneys as ‘Email-preferred’ and when the forms are generated through CourtView; they are either emailed or printed as
The Macomb County Circuit Court recently held a
“Settlement Week” on March 25, 26, and 27, 2014. Civil cases appropriate. Documents are sent as PDF file
attachments to an email message. The current process for
were selected to participate in 1½ hour mediation sessions
generating forms and notices from CourtView remains the
during Settlement Week. Attorneys with significant training
same and since documents and parties will be configured
and experience volunteered to serve as mediators. In order to
specifically for email, any form not intended for email is
avoid any disruption to normal Court operations, Settlement
simply printed just as it is today. Court staff have been
Week was scheduled while most of the Court’s judges were
attending the Michigan Supreme Court Judicial Conference in collecting attorney and party email addresses for some time
and have also uploaded attorney information from the State
Grand Rapids.
Bar of Michigan.
The goal of Settlement Week was to reduce the number of open
cases at the Circuit Court, and the program was a great success.
459 cases were selected to participate, and 228 settled or were
dismissed prior to their mediation sessions. 48 cases settled
and 2 cases partially settled during their mediation sessions.
Out of the total cases selected to participate in Settlement
Week, 60% settled or were dismissed for other reasons.
The Court will begin this as a pilot project in the Case Management Division of the Court and start with two initial notices
that are sent out after an answer has been filed. These are the
Status Conference Prior to Early Disposition Settlement
Conference notice and the Early Disposition Settlement
Conference notice.
Thanks to all of our volunteer mediators, Julie Gatti, Rick
Troy, Richard Hurford, the Macomb County Bar Association,
Chief Judge John Foster, the Circuit Court Bench, and the
Circuit Court staff for making Settlement Week a success!
The Court will initially send these notices both in paper and
electronic format to ensure the notifications are functioning
correctly. Notices will be sent to the attorneys of record and
parties who represent themselves.
If you only receive a paper notice, please contact the Court so
we can update your email address on file.
eNotices
If you have any questions, please contact Anthony June, Court
In an effort to further save time and costs, the Court has purInformation Systems Director at 586-469-6221.
chased a productivity software plug-in that will allow court
staff to email court notices as an alternative to the traditional
print-and-mail task. The tool, eNotices, is built into CourtView,
the Court’s case management system.
MacombBar.org
8
Bar Briefs • May 2014
Probate Support Specialists, LLC.
A Probate Referral Resource specializing in:
• Decedent Estates
• Guardianship Estates
• Conservatorship Estates
• Forensic Account Preparation
• Trust Administration
• Medicaid Applications
• Estate Clean Out
• Adult Foster Care and Nursing Home Placement
Charlene Tope (586) 415-0136 [email protected]
Law Offices of
Sean Patrick Cox
Paying referrals for cases in the
Grand Rapids & Surrounding West
Michigan Communities
3351 Claystone S.E. Suite 111 • Grand Rapids, MI
49546-5781
[email protected] • SeanCoxLaw.com
Cell: (616) 558-5745 • Fax: (616) 940-4183
(616) 942-6404
Philip J. Anderson (P10180)
An Approved MCR 2.411(f)(2) Mediator with
Extensive Experience
Former Court Administrator for the
Macomb County Probate Court
• Alternative Dispute Resolution including Mediation,
Facilitation & Binding Arbitration
• Corporate, Business Entity, Real Estate, Probate and
Trust Disputes
• All Other Types of Civil Litigation except Personal Injury
(586) 530-2450
Bar Briefs • September 2011
[email protected]
Some Evidence
Some Evidence
By Hon. Carl J. Marlinga,
Macomb County Probate Court
Having discussed MRE 401 previously, I can well imagine that there
are some readers whose adulation for
Rules 403 and 404 left them on the
edge of their seats waiting for this
month’s column. Too bad for them; they will just have to wait.
Instead, I would like to take a quick trip through the rules to
point out some non-controversial, but still very useful, gems that
will lighten a trial lawyer’s load. (At this point, if you hear some
echoes of Julie Andrews singing a few bars of her favorite things
in the “Sound of Music” you will be in sync with the intended
tone of this month’s presentation.)
The first of my favorite rules is MRE 106. It says:
When a writing or recorded statement or part
thereof is introduced by a party, an adverse party may
require the introduction at that time of any other part or
any other writing or recorded statement which ought in
fairness to be considered contemporaneously with it.
The purpose of the rule is well summarized in the Advisory
Committee Notes to FRE 106, its federal counterpart: “The
rule is based on two considerations. The first is the misleading
impression created by taking matters out of context. The second
is the inadequacy of repair work when delayed to a point later in
the trial.”
There are limitations, however, on when the rule can be
invoked. The primary limitation is that it applies only to recorded, transcribed, or written statements. Therefore, in the context
of a confession in a criminal case, a defendant is not entitled to
have the police summarize all of the defendant’s prior denials
or exculpatory statements given prior to the written or recorded
confession. Furthermore, a person seeking admission of other
parts of a statement under this rule cannot simply insist that the
whole of the statement be admitted. The proponent must specify
the exact sentences or paragraphs to be admitted and must also
make a record as to why those omitted portions are immediately
required to contemporaneously explain or modify the portions
already admitted. See People v. Koller, (unpublished) No.
239380, August 26, 2003 (2003 WL
MacombBar.org
10
22017814); Moody v. Pulte Homes, Inc. 423 Mich 150, 161,
378 NW2d 319 (1985); and People v. McGuffey, 251 Mich App
155, 161, 649 NW2d 801 (202).
Because the Michigan and federal rule are so similar, it
is persuasive (although not stare decisis) to cite cases from the
federal court system. An interesting application of FRE 106 occurred in United States v. Yevakpor, 419 F. Supp 242 (N.D.N.Y.
2006). In that case the defendant had been indicted on importation and possession of heroin. The defendant filed a motion in
limine seeking to deny the government’s use of three one-minute
video surveillance tapes, arguing that it was necessary to see the
balance of the tapes to place the defendant’s statements in context. Problem for the government is that it had erased the portions of the tapes it did not want to use, thinking that the balance
of the tapes showed nothing of interest. The district court judge
excluded the taped segments, partially on Brady[1] grounds –
governing the prosecution’s constitutional obligation to disclose
exculpatory evidence – but the court also cited FRE 106 for its
holding. The court held that it was unfair for the government
to show only segments of the defendant’s words and behavior
when the erased portions of the tapes might have modified or
corrected the impressions created in those short segments.
Another favorite rule is MRE 701. Although the 700
series of the Michigan Rules of Evidence deals with expert witnesses, MRE 701 is important because it deals with matters of
opinion that can be put into evidence by non-experts. Lay opinion about a person’s age, health, appearance, sanity, intoxication,
and similar everyday perceptions, are all permissible provided
that the proponent of the evidence lays a proper foundation that
the witness had adequate opportunity to observe. Lay witnesses
can also testify about land values, speed of vehicles, costs of
goods, and other matters within common experience. The one
practice tip that I should give, however, is that different judges
may have different views on what is or is not a matter of common, everyday perception and experience. If you know prior to
trial that you are going to be asking a lay witness for his or her
opinion or perception, it is best to have a case at your fingertips
when making your argument.
Bar Briefs • May 2014
Some Evidence
But don’t worry; there are a lot
of cases covering almost every imaginable
lay opinion or perception.
The remaining rules on my list of favorites,
grouped together, make the same point; namely, the rules
governing admissibility lean heavily in favor of admission.
These rules should be a great comfort to the young attorney
embarking on her or his first trial.
MRE 901 is the codification of the old saying, “If it
walks like a duck, and quacks like a duck, it probably is a duck.”
The words actually used in the rule are a bit more refined, to wit:
The requirement of authentication or identification as a condition precedent to admissibility is satisfied
by evidence sufficient to support a finding that the matter
in question is what its proponent claims.
The rule, in part (b) gives a number of illustrations “[b]
y way of illustration only, and not by way of limitation”. The
non-exhaustive list of examples includes such common sense
matters as “distinctive characteristics and the like” which
include “[a]ppearance, contents, substance, internal patterns,
or other distinctive characteristics, taken in conjunction with
circumstances”. Under this rule a taped phone conversation can
be admitted into evidence if a witness testifies to knowing the
person’s voice. An email can be admitted if the internal characteristics of the message show knowledge of events that only a
certain person would have. A typed, unsigned threatening note
can be admitted if certain phrases in the note were commonly
used expressions by a person suspected of writing the note.
Putting Rule 701 and 901 together, a handwritten note can be
put into evidence by a non-expert witness familiar with a given
person’s handwriting.
MRE 902 dispenses altogether with the requirement of
witness identification or authentication for certain documents.
These documents are considered self-authenticating. The rule
includes the well known examples of documents under seal, but
it also includes things like books, pamphlets, or other publications issued by a public authority as well as newspapers and
periodicals.
Please note, however, before giddiness sets in about how
easy this is, these rules govern only the question of whether the
proffered evidence is authentic. There is always the separate
question with documents as to whether or not the matter to be
introduced is admissible over a hearsay objection. (Since hearsay is its own delightful universe, we will deal with a host
MacombBar.org
11
of hearsay issues separately in
several future columns.)
Rule 1003 says that a duplicate (otherwise
known as a copy) is admissible to the same extent as an
original unless, of course, there is a genuine question raised as
to the authenticity of the original.
The last rule on my list, MRE 1006, is one of my all time
favorites. It allows an attorney, or someone working under her
guidance, to create a document that summarizes voluminous
writings, recordings, or photographs which “cannot conveniently be examined in court”. In an age of complex litigation
and/or sophisticated white collar crime cases, this rule allows
an advocate to prepare a sharp, clear, four-color presentation
that will be admissible in evidence – which the jury will be
able to take back into the jury room. It is evidence that keeps
on persuading long after closing arguments are over. Of course,
the voluminous documents with the raw data must be available
for inspection prior to trial; but experienced lawyers and those
just getting started should be able to grasp how important such
exhibits can be.
[1] Brady v. Maryland, 373 U.S. 83 (1963)
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Bench Bar Madnes
Criminal Session: Hon. Mark Switalski, Hon. Peter J. Maceroni, Hon. Carl Marlinga, Hon. James Biernat, Jr., & Lisa Ellis, Court Services Director.
District Court Session: Hon. Joseph Boedeker, 39th District Court and
Hon. Douglas P. Shepherd, 41-A District Court.
State of the Court
Address, Chief Judge
John C. Foster.
Macomb County Bar Foundation President Lori Finazzo
and Macomb County Bar Foundation Past President
Lynn Davidson selling The Foundation Raffle Tickets.
ss - March 28, 2014
Family Session: Hon. Matthew Switalski and
Family Law Session: Hon. Tracey A. Yokich and Hon. Kathryn A. George.
Hon. Kathryn
16th Circuit Court Administrative Team: Lisa Ellis, Court Services Director, Julie Bovenschen, Circuit Court Deputy Court
Viviano.
Administrator, Brian Nicholas, Friend of the Court Chief Referee, Lynn Davidson, Friend of the Court, Chief Judge
Hon. John C. Foster, Jennifer M. Phillips, Court Administrator, John Nizol, Legal Services Director, Nicole Faulds,
Juvenile Division Administrator and Anthony June, Information Systems Director.
Julie Gatti, MCBA President,
Brian D. Einhorn, State Bar
of Michigan President and
Thomas C. Rombach, State Bar
of Michigan President Elect.
Civil Session: Committee
Co-Chairs Stu Fraser V
and Dan Beck.
Thank You
Exhibitors
ImageSoft, Inc.
Advanced Behavioral Rehabilitation
Class “A” Training Center L.L.C.
CourtCall Remote Access
J. P. Carey
Consulting Inc.
Flagstar Bank
Hanson/Renaissance Court
Reporting & Video
House Arrest Services, Inc.
House Arrest
Services, Inc.
ImageSoft, Inc.
J.P. Carey Consulting Inc.
Macomb County Community Corrections
Smart Start PLLC
Trickey Law PLLC
Macomb County Community
Corrections
Hanson/Renaissance Court
Reporting & Video
Advanced Behavioral Rehabiliation
Flagstar
Bank
Personal Injury Specialists
Proven Results for your Client Referrals
Fraser & Souweidane, P.C.
www.fsattorneys.com
10 S. Main, St., Suite 302, Mt. Clemens, MI 48046
(586) 463-0100
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From the Real Property Committee
Macomb County Register
of Deeds Recording Tips
Craig Jones, Macomb County Chief Deputy Register of Deeds
Now that things have settled down after the fire in the old
county building the Macomb County Register of Deeds has
been working towards reducing the turnaround time for recording documents. By streamlining document review procedures
we have reduced turnaround time to about five days. There are
also things practitioners can do to help reduce this turnaround
time even further.
One of the procedures we changed is the “orange” notice
we send out with a recorded document that has errors. We
limited the use of this notice to situations that would affect
the proper indexing or validity of the document. The notice is
now only sent when the document is filed in the wrong county,
when there is a reference to a previously recorded document
and the liber and page of the previous document is not noted
or is incorrect and when there is a typo in the legal description
such as the misspelling of the name of a condominium project.
We also were spending a significant amount of time trying
to track down the proper address to return a document. Documents submitted for recording are required to have the address
the document is to be returned to after recording. A number of
documents are submitted without the return address or with
an incorrect address. Instead of spending staff time trying to
find the correct address we are storing these documents. They
can be claimed from the Register of Deeds by showing proper
identification.
We also streamlined our review of notary acknowledgments. While the statutory requirements for notarial acts have
been loosened, an acknowledgment still needs to indicate that
the notary properly identified the person signing the documents. This can be done by naming the person in the acknowledgment or referring to the signature above. Notaries that are
acting outside of the county of their commission
also need to add
MacombBar.org
16
the county where the notarial act took place.
Another issue that occasionally arises is an error in the
legal description that prevents a warranty or covenant deed
from being certified by the county treasurer. Basically, the legal
description in the warranty or covenant deed needs to match
the legal description on the tax records. Fortunately, the tax
records in Macomb County are publicly available on the internet through the local community’s website. Macomb County’s
GIS system also will show you the recognized legal description
for a parcel. Discrepancies in legal descriptions are primarily caused by clerical errors but can also be the result of a lot
split or boundary issue that was resolved between the owners
but not approved or recognized by the local community. If this
issue needs to be resolved with the local community, you may
wish to record a quit claim deed to preserve notice of the transaction and file the warranty deed after the issue is resolved.
We are also working towards implementation of a tract
index. The tract index will be based on the assigned parcel
identification number. The full parcel number is twelve digits.
The first two digits of the parcel number are the “unit” number.
For example the City of Warren is “12”. Our index is based
on the last ten digits in the parcel number. You can find the
parcel number on the tax bill, the local community’s website,
or Macomb County’s GIS system. All documents submitted for
recording should have the correct parcel number. Documents
that do not have a parcel number or an incorrect parcel number will require further review for proper indexing in the tract
system.
You can contact the Register of Deeds if you have any
questions regarding recording issues. Our phone number is
(586) 469-7953.
Bar Briefs • April 2014
Hosted by the Real Property Committee of the Macomb County Bar Association
Internet Resources for
Real Estate Practitioners
Learn how to access real property records and information on the
internet. Participants will be guided through various resources to learn how to
access recorded documents, obtain tax information and use Macomb County’s
Geographic Information System, (GIS). Participants will also participate in an
online tutorial on how to electronically record documents with the
Register of Deeds.
Thursday, May 29, 2014
10:30am-12:00pm
Macomb Community College
Center Campus, University Center
Room 202
44001 Garfield Road, Clinton Twp.
(Garfield Rd., South of Hall Rd.)
Members $20 • Non-Members $30
Please Register by calling (586) 468-2940 ext. 101 or at
MacombBar.org by May 26.
Guest Article
The Second Chair
Michael Osaer, Magistrate 41A District Court
The Macomb County Bar Association has been working for years to provide mentoring for young lawyers. The 41-A
District Court has a unique program to assist the younger attorney receive mentoring from more experienced attorneys by
serving as the Second Chair.
The Second Chair program allows a young lawyer to represent clients charged with minor misdemeanors who have
been granted court appointed counsel. The representation is under the tutelage of a more experienced attorney sitting as the
First Chair.
The 41-A District Court uses a Legal Defender Day model to provide court appointed counsel to indigent defendants.
There are usually 15-25 defendants between the Judge and Magistrate docket.
The Second Chair is typically responsible for
Magistrate Osaer’s misdemeanor docket. The First Chair is
FORENSIC POLYGRAPH EXAMINATIONS
responsible for the more serious docket of Judge Shepherd
while providing the Second Chair an opportunity to assist the
CRIMINAL SUSPECT TESTING • CIVIL STATEMENT VERIFICATION
First Chair in these more serious cases.
FAMILY LAW & INSURANCE ISSUES RELATED TO DIVORCE, CUSTODY, ARBITRATION
Unlike other mentoring programs, where the young
J. Paul Carey
lawyer does not get paid, the 41-A District Court pays the
Certified Forensic Polygraph Examiner
Second Chair $150.00. It is an opportunity to learn and get
Retired Detective/Polygraph Examiner, Sterling Heights Police Department
Member:
paid at the same time!
American Polygraph Association
The Second Chair program is available to any lawyer
Michigan Association of Polygraph Examiners
with less than three years of experience. The Second Chair
Sterritt Office Plaza, 45100 Sterritt, Suite 102, Utica, MI 48317
(Northwest of M-59 & M-53)
(586) 323-9620
must also be a MCBA member whose principal address is in
Macomb County.
Any eligible lawyer who is interested in this unique
program should write a letter of interest to:
Retired Macomb County Circuit Judge
J. P. Carey Consulting, Inc.
ADR
Available for Mediation, Facilitation or
Arbitration
41-A District Court
ATTN: Laura Porter
51660 Van Dyke
Shelby Township, MI 48316
or
E-mail: [email protected]
MacombBar.org
134 Market St.
Mt. Clemens, MI 48043
Hon. James M.
Biernat
18
P: (586) 770-4713
F: (568) 461-5377
[email protected]
Bar Briefs • April 2014
LAW FIRM ANNOUNCEMENT
PERSONAL INJURY ATTORNEY
DANIEL P. BECK
IS
PLEASED TO ANNOUNCE
THE OPENING OF
METRO DETROIT INJURY LAW PLLC
WITH OFFICES AT
10 south main, suite 307
downtown mt. clemens
in the town square building
(586) 468-MDIL (phone)
(586) 468-6370 (fax)
www.mdil.net (website)
CONTINUING THE TRADITION OF
ACHIEVING CONSISTENT AND EXCELLENT RESULTS
FOR CLIENTS SINCE 1991
ACCEPTING REFERRALS ON
SERIOUS INJURY AND WRONGFUL DEATH
CASES
Classifieds
Office Space
Referrals
WARREN - First class office space
available in professional building.
Available amenities include secretarial
area, library, two conference rooms,
copiers, fax machine access, lunch
area, internet access, telephone answering and more. Base office rent:
$500. Call Pamela Kroll at
(586) 573-8900
WORKERS COMPENSATION and
SOCIAL SECURITY DISABILITY:
Over 30 years experience. Referral
fee. Will provide status reports. Call
Dennis R. Nettle. 1-800-575-7477 or
(586) 776-4080.
ST. CLAIR SHORES - Premier St.
Clair Shores Nautical Mile executive office space in larger professional
building. Opportunities for the small
firm or solo practitioner (some with
shared space and amenities, all in first
class space) to 6000+ sq. ft. renovation. Plenty of parking, competitive
rates. Robin (586) 498-8400.
Downtown Mount
Clemens - For Lease 1,900 sq.
ft. office suite. 4 large private, windowed offices, Conf. room, Kitchenette, Large secretarial/filing area, Well
appointed, professional décor. Walk
to Circuit and Dist. Courts. On site
parking. To arrange a viewing, call:
Gary Housey, Oakwood Properties,
Inc. at (248) 689-111 ext. 104
St. Clair Shores - St. Clair
Shores premium office space. Professionally decorated with all the
amenities necessary for an impressive
law practice. We are able to accommodate individual offices or a small
group practice. Also, 4,000 square
feet available adjacent to the existing
law office. Call Deb Berube at
(586) 779-7810.
Shelby Twp., - In Harvard Professional Building. Van Dyke between
21 & 22 Mile. One furnished private office. Reasonable rent includes
utilities, cleaning and use of conference room. Referral work available.
Please call (586) 254-1300
Clinton Township - Garton
& Vogt PC, have two large offices in
first class suite available. All amentities
available. Call Art Garton or Kathy
Vogt at (586) 226-3100.
SOCIAL SECURITY and WORKERS COMPENSATION - Casazza
Law Offices - 130 years plus of combined experience with Social Security
Disability and Workers Compensation
claims. Offices in Royal Oak and Mt.
Clemens. Referral Fees. Call Gene
Casazza at (586) 468-4400 or email
[email protected]
Kevin M. Kain of the Law Firm
Levine Benjamin has obtained over
1,500 workers compensation settlements for disabled workers over the
last 20 years. Will pay referral fee and
provide status reports. Call Kevin M.
Kain at 1-800-675-0613.
Accepting Referrals for any
matters concerning bankruptcy, including initial filings of Chapters 7,
11, or 13, as well as adversarial litigation relating thereto. Call Gerald L.
Decker at (586) 532-1122.
Services
Comprehensive Counseling
Services available for attorneys
and their clients. Licensed Professional Counselor and practicing attorney
for more than 21 years, provides confidential psychotherapeutic counseling in Shelby, Lake Orion and Harper
Woods. Specialization in couple and
family counseling and facilitative mediations. Call Laurie Orlando at
(586) 405-1603
Student Loans & FDCPA - Provides consultation and assistance in
all matters of Student Loans and Fair
Debt Collection Practices, including
student loan reinstatement, deferments, default, collection and litigation. Referral fee. Call Mark Wilk
at (313) 806-3680 or email mark@
markwilklaw.com
Announcements
Immigration Law - Anton Casagrande & Adwers PC - AV rated Immigration law firm provides consultation and assistance in all business and
family immigration matters including
temporary and permanent employment of foreign professionals and
skilled workers, corporate transferees,
NAFTA visas, outstanding professors and researchers, foreign students,
green card work, adjustment of status,
visa processing, citizenship, removal
defense, immigration consequence of
criminal convictions and of divorce,
work permits and other related matters. 31555 W 14. Mile Road, Suite
100, Farmington Hills, MI 48334;
Phone (248) 406-4100; Fax (248)
406-4101. Email: [email protected]
or visit us at www.antone.com
JOSEPH TOIA, P.C. is pleased to
announce the opening of an additional office in Oakland County. The
new office is located at 345 Diversion Street, Suite 215, Rochester, MI
48307. Phone number:
(248) 608-1819.
Classified Ads
Please Contact Dawn
at (586) 468-2940
Ext. 102 or visit
MacombBar.org for
more information
Members: $25
Non-Members : $35
Want to Settle Your case?
(586) 469-9090
Carroll Court Reporting and
Video specializes in real-time
depositions, mobile transcript,
video conferencing, and much
more to serve the greater
Michigan area.
175 Cass Avenue, Mt. Clemens, MI 48043
Phone: 586.468.2411 • Fax: 586.468.2410
CarrollCourtReporting.com
Disability Attorneys of Michigan
A firm dedicated to helping disabled individuals
receive the disability benefits they deserve.
The Law offices of Stu Johnson & Associates, P.C.
TOLL FREE (888) 886 - 6400
FAX (586) 573- 8804
DAMichigan.com
Macomb County Bar Association
40 N. Main St., Suite 435
Mt. Clemens, MI 48043
MacombBar.org
MCBA Annual Golf Outing
Monday, June 16, 2014
Lunch: 11:45am-12:45pm with open baR
Shotgun Start: 1:00pm
(includes drinks on course)
Dinner, Cocktails & Prizes: 7:00pm
Greystone Golf Club
67500 Mound Rd., Washington, MI 48095
Golf, Lunch & Dinner
$150 per person
GOlf (Lunch Only)
Dinner Only
$125 per person
$35 per person
Please RSVP by calling the Bar office at (586) 468-2940 ext. 101 or online at MacombBar.org. Only PAID foursomes are
reserved. Sorry, no refunds due to rain. Cancellations must be received by June 9, 2014 to be eligible for refund.
No shows & late cancellations will be billed the advertised rate.