March 11 - Macomb County Bar Association

Transcription

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BARBRIEFS
Official Publication of the Macomb County Bar Association
March 2011
Hon. Kathryn A. Viviano
16th Circuit Court
Volume 29
MacombBar.org
Number 09
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MCBA BAR BRIEFS MARCH
2011
MACOMBBAR.ORG
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Bar Briefs
Official Publication of the Macomb County Bar Association
“Advocating and promoting excellence in the legal profession by delivering quality service to our members and the public.”
Macomb County Circuit Court Building, 40 North Main Street, Suite 435 • Mount Clemens, MI 48043-1037
Phone: (586) 468-2940 • Fax: (586) 468-6926 • [email protected]
Vol. 29 • No. 09
Calendar of Events
In This Issue
4
Annual Meeting Evolution
By Charles E. Turnbull, MCBA President
6
MCBA/MCBF News
S
March 2011
M
T
W TH F
By Rick R. Troy, MCBA Executive Director
8
Circuit Court Corner
By Jennifer M. Phillips, 16th Judicial Circuit
Court Administrator
10
6 7
13 14
20 21
27 28
1
8
15
22
29
2
9
16
23
30
3
10
17
24
31
4
11
18
25
S
Mar 7
12:00 p.m.
Family Law Committee
Meeting
5
12
19
26
Mar 8
12:00 p.m.
Juvenile Committee
Meeting
Mar 23
8:00 a.m.
MCBF Board Meeting
Mar 24
5:00 p.m.
MCBA Board Meeting
Mar 10
12:00 p.m.
Criminal Committee
Meeting
Termination of a Parent’s Rights Does Not
Relieve a Parent of the Duty to Provide
Mar 22
5:30 p.m.
The Resolution Center’s
Night at the Movies
Support to the Parent’s Child
By Dawn Prokopec, Ihrie O’Brien,
Young Lawyers Section Chair Elect
13
Recent Case Law Regarding Overnight
Guests of the Opposite Sex During
Parenting Time
By Lori K. Smith, Law Offices of Lori Smith,
Young Lawyers Section Director
14
The Macomb County Friend of the Court
S
M
April 2011
T
W TH F
S
1
8
15
22
29
2
9
16
23
30
Referees
By Deborah O’Brien, Ihrie O’Brien,
Family Law Committee Chair
18
Information From the Latest Viviano to
Continue the Judicial Legacy
By Deborah O’Brien, Ihrie O’Brien,
Family Law Committee Chair
20
3 4
10 11
17 18
24 25
5
12
19
26
6
13
20
27
7
14
21
28
Apr 12
12:00 p.m.
Juvenile Committee
Meeting
Apr 13
8:00 a.m.
MCBF Board Meeting
Apr 14
5:00 p.m.
MCBA Annual Dinner
Meeting
Apr 22
Court Closed 1/2 Day Good Friday
Classified Section
Join Us On
FACEBOOK
MCBA
Established 1906
MACOMBBAR.ORG
EDITOR’S 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 (ISSN
0886-506X) is published monthly by the Macomb County Bar Association. Copyright 2011 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.
MacombBar.org
2011
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Macomb County
Bar Association
2010-2011
Board of Directors
A
Annual Meeting
Evolution
(586) 726-1000
President Elect
Gail M. Pamukov
(586) 532-1155
Secretary
By Charles Turnbull, MCBA President
s m o s t o f y o u k n o w, t h e
M C BA’s an n u al m em b ers h i p
m eet i n g i s h el d i n Ap ri l .
Th e m eet i n g i s free t o t h e membership an d t h e an n u al b u s i n es s o f t h e
as s o ci at i o n i s co n du ct ed, i n cl u di n g
el ect i o n o f di rect o rs an d o ffi cers an d
v ari o u s award p res en t at i o n s . Th i s
y ear ’s meeting wi l l b e
h el d o n
Th u rs day,
Ap ri l 1 4 ,
5 : 0 0 p . m . at
F ern Hi l l
C o u n t ry C l u b
in C linton
To wn s h i p .
Th e m eet i n g
wi l l b e a
dep art u re i n
s o m e way s
fro m b o t h t h e l o cat i o n an d t h e
em p h as i s o f t h e l as t few y ears ’
m eet i n g s . In o t h er way s , i t wi l l b e
m o re o f a ret u rn t o t h e p as t .
Association as opposed to featuring scholarship awards presentations by the Macomb
County Bar Foundation. We had combined
the MCBA annual meeting with the Bar
Foundation annual meeting several years
ago in an effort to expose to all MCBA
members the good work of the Bar
Foundation to the full MCBA membership.
One unintended result
of this was
to focus
most of the
time spent
at the
MCBA
annual
meeting on
the presentation of
scholarship
awards
which, while very deserving, were more
time intensive than would necessarily be
appropriate for the MCBA annual meeting.
In addition, the Bar Foundation has
now “grown up” in many respects and has
gained its own identity in terms of events
and programs.
This year, the Macomb County Bar
Foundation’s annual meeting will immediately precede the MCBA annual meeting in
a separate room at Fern Hill commencing
at 4:00 p.m. on April 14. At this meeting, the business of the Bar Foundation
will be conducted and the scholarship award
winners will be announced but will not be
Save the Date
MCBA Annual
Dinner Meeting
April 14, 2011 at
Fern Hill
For the past few years, the annual
meeting has been held at Tina’s Country
House which has been a fine location –
particularly for purposes of combining the
MCBA and Bar Foundation meetings (more
of which I will discuss below) – but we
have decided to move the meeting back to a
more central County location at Fern Hill.
More significantly, this year’s meeting will focus entirely upon the Bar
4
President
Charles E. Turnbull
2011
Dana M. Warnez
(586) 757-0733
Treasurer
Julie Gatti
(586) 469-1111
Past President
Anthony J. Bellanca
(313) 882-1100
Directors
John B. DeMoss [11]
(586) 469-9090
Donald P. DeNault Jr. [11]
(586) 726-1000
Karen Trickey Pappas [11]
(586) 322-2719
Mark C. Haddad [12]
(586) 263-5990
R. Timothy Kohler [12]
(586) 263-1600
Ronald A. Goldstein [12]
(248) 960-3515
Stephen Becker [13]
(586) 615-5617
John J. Kennedy [13]
(586) 469-5380
James Maceroni [13]
(586) 463-8530
Young Lawyers Section
Chair
Jeff M. Burns
(568) 468-6793
Women Lawyers
Association of Michigan Macomb Region
Linda McGrail Belau
(586) 726-1000
MCBA Staff
Executive Director
Rick R. Troy
[email protected]
Associate Executive &
Communications Director
Dawn M. Fraylick
[email protected]
Member Services
Representative
Patricia A. Manick
[email protected]
LRS Director & Accounting
Specialist
Tracy Stabryla
[email protected]
MACOMBBAR.ORG
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By Charles Turnbull, MCBA President
introduced at the meeting
and the program will
remain relatively short.
The MCBA annual
meeting will follow
immediately at 5:00p.m.
in which MCBA business
will be conducted and the
camaraderie of the Bar
Association members will
be able to be enhanced
without lengthy presentations although we will
have some items of business to cover and the
MCBA awards will be presented. We hope for and
expect to have a good
turnout.
One of the business
items to be voted on at the
MCBA meeting will be
the creation of the Masters
Section and approval of
proposed bylaws for the
Section. We recently had
a dinner meeting at which
potential members of the
Section (i.e., age 55 or
older and 30 years or more
practice) which was very
well attended and we now
have a database of mentors
and practice areas upon
which to base the mentoring of young lawyers
which is one of the basic
goals of this proposed
Section. I was most
pleased to see a number of
members who I have not
seen at other MCBA meetings or events for some
time attend this new
Section meeting. I was
also very encouraged by
the attendance and participation of a number of the
Young Lawyers Section
Board of Directors whose
involvement in the mentoring program is necessary for its success.
See you on April
14!
Former FBI Special Agent
P.O. Box 7501
Bloomfield Hill, MI 48302
(248) 921-3456
www.computer-analysis.com
JON C. BIERNAT, PLLC
Attorney at Law
Specializing in:
Bankruptcy - Chapter 7 & 13
Personal Bankruptcy
Business Bankruptcy
134 Market St. • Mt. Clemens, MI 48043
p: 586.493.5377 • f: 586.461-5377
[email protected] • www.biernatlawgroup.com
Law Offices of
Paying referrals for
cases in the
Grand Rapids &
surrounding
West Michigan
Communities
J. P. Carey Consulting, Inc.
CRIMINAL SUSPECT TESTING • CIVIL STATEMENT VERIFICATION
FAMILY LAW & INSURANCE ISSUES RELATED TO DIVORCE, CUSTODY, ARBITRATION
J. Paul Carey
Certified Forensic Polygraph Examiner
Retired Detective/Polygraph Examiner, Sterling Heights Police Department
Member:
American Polygraph Association
Michigan Association of Polygraph Examiners
(586) 323-9620
Sterritt Office Plaza, 45100 Sterritt, Suite 102, Utica, MI 48317
MACOMBBAR.ORG
John D. Gifford, J.D.
Sean Patrick Cox
FORENSIC POLYGRAPH EXAMINATIONS
(Northwest of M-59 & M-53)
Investigations & Security Services
Forensic Computer Examination
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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
2011 5
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MCBA/MCBF News
Rick R. Troy, Executive Director of the Macomb County Bar Association
Dear MCBA Members and MCBF Trustees,
Thursday, April 14 is the date set for the MCBA’s and the MCBF’s annual meetings.
These events remain free for MCBA members and MCBF Trustees ---- IF YOU REGISTER EARLY. If you do not register
by April 7, 2011 the cost is $25.
The Macomb County Bar Foundation starts the day off with its annual meeting at 4:00 p.m. Trustees are invited to attend and
cast their vote for the Board of Directors. The Foundation’s agenda includes the presentation of scholarships awards. This year
the Foundation is pleased to award a $3000 Trustee Law School Scholarship, a $2500 Trustee College Scholarship, the $3000
Kimberly M. Cahill Memorial Law School Scholarship and the $3000.00 Phillip F. Greco Memorial Scholarship. The
Foundation is grateful to Greco Title Agency LLC, a Division of Attorneys Title Agency, LLC for their generous contribution
to keep the Philip F. Greco Scholarship program running. Scholarship criteria and past scholarship recipients are showcased
on Macombbar.org. I encourage you to click on the MCBF menu button and scroll down to “scholarships”.
The Macomb County Bar Association welcomes its members at 5:00 p.m. In person voting is available until 6:00 p.m. for
those who didn’t return ballots via U.S. Mail. Dinner is scheduled to be served at 6:15 p.m. followed by a brief program
which includes the announcement of MCBA award recipients and elections.
Continuing Legal Education Seminars
Due to some unfortunate luck, the Juvenile Committee’s February 10 Abuse & Neglect seminar had to be postponed. At the
time of this writing the new date had not been set. Check Macombbar.org for details. The upside to the postponement is that
this continuing legal education seminar has gone from great to fantastic. What was planned as a two hour has become a half
day seminar. The speakers are excellent and include Dr. Patrick Ryan, PHD of Neuropsychology, Annie Rae, Director of
Macomb County Department of Human Services, Paula Verticchio, Chief Judicial Aid and John Kennedy, Macomb County
Circuit Court Referee.
As winter turns to spring, and spring turns into a new program and fiscal year on July 1, I am reminded by the Office of
Judicial Aide of Local Administrative Order 2010-1 requiring attorneys to comply with the continuing education requirements.
Please forward your confirmations of completion to the MCBA by June 30, 2011. To view the LAO log on to
http://www.macombcountymi.gov/circuitcourt/documents/2010-1IndigentCounselLAO.pdf.
Help Us Help You
There is a growing trend within the bar association and I need your help.
This year, more than ever, MCBA members are not registering for events in advance. More and more are calling the day before
or just showing up the day of. We always prepare for a few walk-ins because we understand that your schedules are very busy.
Yet our caterers, presenters and such need to know how many people to prepare for. Please help us make your bar event experiences be the best they can be and pre-register on the website or simply call the bar office. Thanks!
NOMINATIONS ARE OPEN
Please feel free to submit a letter of nomination for any of the following MCBA awards:
6
2011
MACOMBBAR.ORG
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Rick R. Troy, Executive Director of the Macomb County Bar Association
Extraordinary Service Award - awarded to the most involved member during the year. The Board only chooses a winner in
this category when a member stands out to us as deserving of this honor.
Special Service Award - is given to those individuals who initiated and/or completed special projects for the MCBA during
the year.
Kimberly M. Cahill Civility Award - is given to the member who has brought respect to himself or herself and the legal profession through both dialogue and conduct by cultivating considerate, professional conduct with opposing counsel, especially
in the presence of clients; encouraging clients to adopt meritorious positions and avoiding inflammatory and retaliatory tactics
and behavior; welcoming and encouraging attorneys of all races, ethnicity and genders; assisting and mentoring new and inexperienced attorneys; avoiding disparaging comment and criticism of the bench and bar, and commending the profession's members when appropriate.
Pro Bono Service Awards - In recognition of the unmet legal needs of low-income and senior residents of Macomb County,
and in support and honor of those attorneys performing pro bono services in Macomb County, the MCBA has established
Annual Pro Bono Service Awards.
Liberty Bell Award - recognizes outstanding service performed by a non-lawyer citizen who has given of his or her time and
energy to strengthen the effectiveness of the American system of freedom under law, in keeping with the spirit of our
Constitution. Women Lawyers Association of Michigan Macomb Region Presents
Dinner Meeting
Featuring
Friend of the Court
Lynn Davidson
Members & non-members are welcome!
March 21, 2011
6:00PM
Italian American Cultural Center
43843 Romeo Plank Road, Clinton Township, MI 48038
The event is $25.00 for WLAM members, $35.00 for non-members.
The price includes dinner and drinks. Pre-registration is
required. Register by March 14, 2011, by calling (586) 726-1000 and
speaking with Laura Bouchie, or email [email protected].
MACOMBBAR.ORG
2011 7
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Circuit Court Corner
By Jennifer M. Phillips, 16th Judicial Circuit Court Administrator
Case Reassignments
We have had more than a couple
of changes in the last few months
which have had a substantial impact on
Court Administration. As most of you
know, Judge Antonio Viviano and
Judge James Biernat retired at the end
of 2010. Judge Kathy Viviano joined
the bench in January 2011 and Judge
Donald Miller retired on January 7,
2011. As a result, we have been busy
in Court Administration reassigning
dockets. Here is a quick overview:
Judge Antonio Viviano’s former
docket has been reassigned in its entirety to Judge Kathy Viviano, who has
been assigned to the Family Division
with Judges Mary Chrzanowski, Mark
Switalski and Tracey Yokich;
Judge James Biernat’s former
docket has been redistributed among the
remaining Civil/Criminal Judges
(Richard Caretti, Diane Druzinski,
John Foster, Peter Maceroni, Ed
Servitto, Matt Switalski and David
Viviano); and
In an effort to provide continuity
for litigants
and lawyers
of the 16th
Circuit (and
to save taxpayer
money by
not over
expending
our limited
visiting
8
judge budget), Judge Donald Miller’s
docket has been reassigned to the
Civil/Criminal Judges of the 16th
Circuit until an appointment to the
open seat is made by the Governor.
Spin-off System
In order to assist the
Civil/Criminal Judges with the additional caseload, an interim voluntary
spin-off system for trials has been
established by partnering with the
Family Division Judges as follows:
pate. Procedures used to spin cases
will be developed within each of the
respective groups of Judges. The system will be administered by Chief
Judge Pro Tempore Diane Druzinski
with the assistance of Court
Administration.
*Please note that Judge Caretti’s
courtroom is currently on the 3rd floor,
but he will be moving to Judge
Biernat’s former chambers within the
next couple of months. Ed Servitto to Mark Switalski;
Richard Caretti* and
David Viviano to Kathy
Viviano;
John Foster and Matt
Switalski to Mary
Chrzanowski; and
Pete Maceroni and Diane
Druzinski to Tracey Yokich.
The spin-off system is
entirely voluntary and no
Judge is obligated to partici-
2011
MACOMBBAR.ORG
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Million Dollar Referral Fees
Do you have a personal injury or wrongful death
case in your office that could generate the next
$1,000,000 referral fee?
In recent years two local lawyers have received
referral fees in excess of $1,000,000 on a single
case referral. A third Macomb County lawyer
received a fee of $850,000.
I would be happy to discuss current or future
referrals at your convenience.
586.779.7810 • Garveylaw.net
MACOMB COURT
REPORTERS
Court Reporting & Video
DRIVER LICENSE
RESTORATION
LICENSE
• DAAD Hearings
• Appeals to Circuit
Court
• Implied Consent
• Traffic Tickets
CRIMINAL
Offices in Mt. Clemens, Port Huron,
Southfield, Troy, Flint and Detroit
E-Mail deps to
[email protected]
175 Cass Ave.
Mount Clemens, MI 48043
F: (586) 468-2410
(586) 468-2411
MACOMBBAR.ORG
•
•
•
•
Felonies / Misdemeanors
Expungements
Sex Offender Registration Act Relief
Juvenile Delinquency
MARK A. PELLECCHIA
(586) 532-1144
REFERRAL FEES GUARANTEED IN WRITING
2011
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Termination of a Parent’s
Rights Does Not Relieve a
Parent of the Duty to
Provide Support to the
Parent’s Child
Dawn Prokopec, Ihrie O’Brien, YLS Chair Elect
n a recent opinion, the
Michigan Supreme
Court held that termination of a parent’s parental
rights does
not automatically terminate
that parent’s
child support
obligation. 1
In this regard,
in In re Beck,
No. 140842,
2010 WL
5154134
(Mich. 2010),
after the father
failed to make
progress
toward reunification with his
two children,
his parental
rights were terminated, but
the trial court
nevertheless kept his child
support obligation intact. 2
The father then appealed to
the Michigan Court of
Appeals arguing that the
continuation of his child
support obligation post-termination was a violation of
his due process rights.
10
Page 10
However, the Court of
Appeals disagreed and
affirmed the trial court. The
had reasoned that if the
Legislature intended for a
parent’s support obligation
father then appealed to the
Michigan Supreme Court.
to cease after termination of
a parent’s parental rights,
the Legislature could have
done so through an express
statutory provision. 3 The
Court of Appeals also recognized a child’s “inherent and
fundamental” right to receive
The Supreme Court
affirmed the decision of the
Court of Appeals, albeit
under a different analysis. In
addition to public policy reasons, the Court of Appeals
2011
support and noted that such
right existed independently
from whether or not a parent
retained his/her parental
rights. 4 The Supreme
Court, on the other hand,
upheld the lower appellate
decision through an analysis
of the concepts of “parental
rights” and “parental obligation to support,” and found
that the terms were clearly
distinct and autonomous
from each other such that
the obligation to support
was not dependent upon the
continuation of parental
rights.
Specifically, the
Supreme Court looked to
MCL 722.2 for a delineation
of “parental rights.”
Pursuant to MCL 722.2:
Unless otherwise
ordered by a court
order, the parents of
an unemancipated
minor are equally
entitled to the custody, control, services, and earnings of
the minor, but if 1
parent provides, to
the exclusion of the
other parent, for the
maintenance and supMACOMBBAR.ORG
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port of the minor,
that parent has the
paramount right to
control the services
and earnings of the
minor.
MCL 722.3, on the
other hand, addresses the
parental obligation to support a child mandated by the
Legislature. MCL 722.3
provides:
The parents are
jointly and severally
obligated to support
a minor . . .unless a
court of competent
jurisdiction modifies
or terminates the
obligation or the
minor is emancipat-
MACOMBBAR.ORG
ed by operation of
law, except as otherwise ordered by a
court of competent
jurisdiction.
The duty of support
may be enforced by
the minor or the
child who has
reached 18 years of
age, his or her
guardian, any relative within the third
degree, an authorized
government agency,
or if the minor or
the child who has
reached 18 years of
age is being supported in whole or
in part by public
assistance under the
social welfare act,
1939 PA 280, MCL
400.1 to 400.119b,
by the director of
the family independence agency or his
or her designated
representative, or by
the director of the
county family independence agency or
his or her designated
representative of the
county where an
action under this act
is brought. An
action for enforcement shall be
brought in the circuit court in the
county where the
minor or the child
who has reached 18
years of age resides.
If a designated official of either the
state or a county
family independence
agency brings an
action under this act
on behalf of the
minor or the child
who has reached 18
years of age, then
the prosecuting
attorney or an attorney employed by
the county under
section 1 of 1941
PA 15, MCL 49.71,
shall represent the
official in initiating
and conducting the
proceedings under
this act. The prosecuting attorney shall
utilize the child support formula developed under section
19 of the friend of
the court act, 1982
PA 294, MCL
552.519, as a guideline in petitioning
for child support.
A judgment entered
under this section
providing for support
is governed by and is
enforceable as provided in the support and
parenting time
enforcement act,
1982 PA 295, MCL
552.601 to 552.650.
If this act contains a
specific provision
regarding the contents or enforcement
of a support order
that conflicts with a
provision in the support and parenting
time enforcement act,
1982 PA 295, MCL
552.601 to 552.650,
this act controls in
regard to that provision.
In consideration of the
above statutory provisions,
the Supreme Court held that
because the statutory duty to
support imposes a joint and
several obligation on both
parents, 5 the obligation to
support set forth in MCL
722.3 was clearly distinct
and separate from a parent’s
parental rights (equal entitlement to the custody, control,
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services, and earnings of the
minor) as specified in MCL
722.2. 6 Because said obligation to support can be
enforced where neither of a
child’s parents has actual
custody, 7 and because the
statute provided an independent basis for entry of a child
support order, the Michigan
Supreme Court held that the
Legislature clearly intended
that the two such terms be
independent of each other. 8
Further, since the termination statute, MCL
712A.19b, only involves
parental rights and not the
parental obligation to support, the only rights lost
after termination of a par-
12
ent’s rights are those interests that the Legislature
identified as parental rights. 9
MCL 712A.19b does not
affect the duty of support or
the right of a child to be
supported. Thus, a parent’s
obligation to support his or
her child continues until
modified or terminated by
the court.
For practitioners, while the
Beck opinion provides clear
cut guidance that a parent’s
child support obligation can
continue after termination of
parental rights, it does not
provide a definite answer
whether the trial court, nevertheless, has authority to
terminate support after ter-
2011
mination. Further, as a
result of the ruling, questions arise with respect to
how child support matters
(modification, enforcement,
etc.) are to be handled if the
child becomes a ward of the
state, and such questions
will likely only be answered
by future case law. 10 Dawn Prok opec serv es as chairelect for the Young Lawy ers
Section of the MCBA and an
associate with the law firm of
Ihrie O’Brien, P.C., located in
St. Clair Shores. Dawn’s practice areas include family law,
municipal law, and general civ il
litigation. Dawn is an assistant
city attorney for the City of St.
Clair Shores and an assistant
prosecutor for the Cities of
Eastpointe and Grosse Pointe
Farms.
1 In re Beck , No. 140842, 2010
WL 5154134 (Mich. 2010).
2 In re Beck 287 Mich. App.
400; 788 N.W.2d 697 (2010).
3 Id. at 402-03.
4 Id.
5 In re Beck , No. 140842, 2010
WL 5154134, at *4(Mich.
2010). See Also, MCL
722.3(1).
6 Id.
7 Id. See Also MCL 722.3(2).
8 Id.
9 Id.
10
http://www.michiganchildrensl
awblog.com/tag/child-support/
MACOMBBAR.ORG
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Recent Case Law
Regarding Overnight
Guests of the Opposite Sex
During Parenting Time
By Lori K. Smith, Law Offices of Lori Smith, YLS Director
he recent holding of
the Michigan Court
of Appeals in White v
White, provides further clarification to courts and practitioners when considering the
best interest factors for child
custody and parenting time
including that a parent’s
choice to occasionally entertain members of the opposite
sex during their parenting
time does not have an impact
on that parent’s “parental
moral fitness.”
In White, the parties
reached an agreement regarding custody, support and parenting time. The trial court
sua sponte included a provision prohibiting the parties
from “entertain[ing] unrelated
member of the opposite sex
overnight while the children
are in their care,” based on
its rationale that “it’s morally important for the children
to develop in an environment
that’s conductive to marriage.”
The plaintiff appealed
alleging that the trial court
erred in unilaterally adding
the provision to the judgment. The Michigan Court
of Appeals agreed, vacating
the provision from the trial
MACOMBBAR.ORG
Page 13
court’s order. The Court reasoned that although moral
fitness of the parties is a relevant factor in determining
whether a custodial arrangement is in the children’s best
interests, this factor specifi-
ally spend the night while
the children are home was
insufficient to render that parent as immoral. Sexual relations outside the marriage
were not considered probative
of how a person would raise
Sexual relations outside the
marriage were not considered
probative of how a person would
raise their children nor is unmarried
cohabitation,
by
itself,
enough to constitute immorality
under the Child Custody Act.
cally “relates to a person’s
fitness as a parent” [emphasis
added]. According to the
Court, morally questionable
conduct that would be considered relevant to the parental
moral fitness would include
“verbal abuse, drinking problems, driving record, physical
or sexual abuse of the children, and other illegal or
offensive behaviors.” The
Court of Appeals held that
the act of having a member
of the opposite sex occasion-
their children nor is unmarried cohabitation, by itself,
enough to constitute
immorality under the Child
Custody Act.
Arguably, the disputed
overnight provision of the
judgment would have not
have been vacated had the
parties agreed to its inclusion
in the divorce decree. Rather,
such an agreement would
have required merely an
inquiry from the trial court
to “satisfy itself concerning
the best interest of the children,” which likely would
have been found here due to
the trial court’s disposition
towards promoting a virtuous
environment for the children
in this case.
Practitioners should use
caution when submitting
agreements and stipulations
regarding custody to ensure
that they are truly in the best
interests of the children and
that the proper proofs are
taken to support the childrelated stipulations/agreement
of the parties. Indeed,
although the court is not
required to conduct a hearing
or to engage in “intensive
fact-finding,” there must be
sufficient evidence presented
to the court for it to find the
agreement to be in the
child(ren)’s best interests
after an examination into the
statutory best interests factors. Lori Smith is currently a
director for the Young Lawyers
Section of the MCBA and is in
private practice with an office
located in Warren. Lori’s practice
areas include family law, criminal
law, and general civil litigation.
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The Macomb County Friend
of the Court Referees
By Deborah F. O’Brien, Ihrie O’Brien, Family Law Committee Chair
ecent surveillance on
the sixth floor of the
Macomb County
courthouse revealed some
interesting info regarding the
“band of eight” who don the
black robes to assist the
judges in the Family
Division. Indeed, the referees
of the Macomb County Friend
of the Court, whom most litigants and lawyers know primarily through their rulings
in formal court proceedings,
are as different and wonderfully quirky as the flavors of
Harry Potter’s jelly beans.
With a combined 185 years of
legal experience, these attorneys bring to their cases a
wealth of personal and professional experience, academic
achievement, and avocations
which have undoubtedly
shaped their individual perspectives on the myriad life
circumstances they are asked
to assess within the applicable
law. Without question, family law is not an exact science,
where practitioners can
squeeze the facts into a formula to generate the same answer
or outcome in every scenario.
And in family law, there is no
jury to devise the answer to a
legal dilemma on the basis of
the combined judgment of
14
Page 14
peers. Rather, there is but
one opinion that matters,
whether that voice is initially
recommending the outcome or
ultimately deciding it. Thus,
getting to know something
about the person in the elevated seat is part of the family
lawyer’s job, and in the case
of the referee staff in Macomb
County, the details in this
regard are both impressive and
heartening. Below is a brief
revelation about each of the
eight in descending order of
longevity with the Friend of
the Court.
Though he still undertakes the role of referee, facilitator, and binding arbitrator
for litigants, David Elias was
officially designated as Family
Court Counsel in 2005, a
position which turned him
into the “go to” person to
actively assist all four judges
in the Family Division in resolution of their cases.
Typically, before trial ensues,
David is called in to try to
settle the cases where all other
conciliatory efforts have
failed, and his stats in terms
of success are formidable.
With rare exception, he has
settled all cases he has been
involved in, including the
DAVID ELIAS
2011
ugliest of the ugly. Further,
in 2010, David was honored
by the bar association with
the Kimberly Cahill Civility
Award, no small feat considering the highly contentious
nature of his work. In fact,
David suggests every family
law attorney try to do what is
necessary to win the award!
A graduate of Western
Michigan University on full
scholarship and Wayne State
University Law School, David
was admitted to the State Bar
on his birthday in 1978. After
a year in general practice,
David joined the Macomb
County Friend of the Court in
1979 first as a judicial service
officer, advancing to referee
two years later, then chief referee, and finally to Family
Court Counsel. In his down
time, David enjoys tennis,
swimming, skiing, (he claims
to have been the captain of
his high school ski team), and
landscaping, (he is known in
the ’hood as the “lawn
ranger”). One of David’s two
high-achieving adult sons is
the new Media Director for the
Democratic National
Committee with the Obama
for America Organization, a
source of great pride for his
father.
A native of Macomb
County, Zaira Maio graduated
from East Detroit High
School, then Wayne State
University with honors and
Phi Beta Kappa distinction.
She began law school at prestigious Georgetown, but finished at Detroit College of
Law with honors when she
“ran out of money.” Admitted
to the bar in 1985, Zaira initially joined a general practice
firm, and then accepted a position as a Friend of the Court
judicial service officer. By
1987, she had already been
promoted to referee, and she
has actually settled all cases
referred to her for evidentiary
hearing or facilitation in the
last 11 years! Indeed, Zaira
explains that her greatest personal satisfaction in her FOC
service stems from her successful resolution of numerous custody and parenting
time disputes because such
work “impacts families and
children for a lifetime.”
Zaira also served two terms as
president of the Michigan
Referees’ Association of
Michigan, following 10 years
as a board member. Outside
the courthouse, Zaira is a selfproclaimed “estate sale
ZAIRA MAIO
MACOMBBAR.ORG
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Page 15
junkie,” having collected over
100 pieces of original art,
antiques, and the unique treasures furnishing her home. An
empty nester, but for her
“furry children,” Gino and
Lucky, Zaira has a daughter
who recently graduated from
Michigan State University and
moved to Chicago to use her
advertising and public relations degree, and she has a
second daughter about to graduate from MSU who will be
entering medical school at
Wayne State University in
August 2011.
A Central Michigan
University and Detroit
College of Law graduate, Greg
Toler was admitted to practice
law in 1982. He thereafter
worked as sole practitioner
with a focus on criminal matters and family law before
joining the Friend of the
Court as a judicial service
officer in February 1991. Just
four months later he was promoted to referee. In the interim, Greg served as chairman
of the Young Lawyer’s
Section of the Macomb
County Bar Association and
became active with the
Referees’ Association of
Michigan. Acknowledging
that one of the “greatest eyeopening experiences” of his
life was having children after
age 50, (two of his own and
two step-children), Greg says
fatherhood has given him sensitivity and insight into the
emotional aspects the litigants
face in legal processes before
him. He is personally grati-
GREGORY TOLER
MACOMBBAR.ORG
fied when he is able to
maneuver parties into setting
aside their animus and focusing on the best interests of
their children, and he has been
moved by people who have
approached him years later to
express gratitude for his facilitative efforts. One of his
helpful hints for lawyers in
the field is to “get to the
point,” and to remember that
“the worst thing an attorney
can do is talk too much.”
The concept of judicial economy applies to the presentation
of legal argument as well as
the use of the mouth! To
relieve the work stress and
besides his child-oriented
duties these days, Greg plays
tennis, is an avid sports fan,
(the Red Wings top his list),
and regularly participates in
nationwide collaborative computer games.
The current president of
the Referees’ Association of
Michigan, Paul Jacokes is a
graduate of the University of
Michigan and Cooley Law
School. Admitted to the bar
in 1976, Paul joined the
Friend of the Court after 10
years in private practice where
he honed his knowledge and
skills as a family law practitioner in an office which
included the recently retired
judge, Don Miller. Paul
began his FOC employment
as a judicial service officer and
then became a referee in 2001.
He has found the opportunity
to help families navigate the
rough waters of divorce and
parenting problems to be
PAUL JACOKES
especially rewarding work, and
over the years he has devised
the three “Be’s” for lawyers
who practice before him and
the judge he assists–be
straight, be concise, be prepared. Married with three
remarkably talented children,
Paul is blessed to have many
entertaining diversions beyond
the workplace. While his personal interests include baseball, hockey, curling, and
reading, Paul’s most pleasurable hobby involves front row
seats in a comedy shop in
Ferndale. Indeed, his two
sons are successful improv
comedic actors in the popular
club, Go Comedy, which happens to be owned by one of
them. Further, Paul’s son,
P.J., can be regularly seen in
a series of Hungry Howie’s
television commercials airing
nationwide which include his
stint as the hilarious guy in
the pink tutu plus the several
spots during the Superbowl.
On the other end of the
achievement spectrum, Paul’s
daughter is enrolled in the doctoral program at Wayne State
University where she both
studies and teaches German.
DIANE
ALFAFARA
After having graduated
from Wayne State University,
Diane Alfafara worked for a
time as a paralegal which then
inspired her to return to WSU
for law school. Diane
obtained her law degree in
1995 and began her career
with the Friend of the Court
in 1997 as a medical support
specialist/judicial service offi-
cer. In 2002, she was promoted to referee status.
Besides the day-to-day assistance she provides to families
and children in divorce or custodial matters, one of her
most memorable moments
involving her FOC service
occurred while she was in
Lansing for a legal seminar.
Her hotel could not accommodate her in a regular room and
so gave her the honeymoon
suite which, unfortunately,
had no heat. When the maintenance man came to rectify
the problem, he and Diane
tried exhaustively to figure
out where they had met
before, only to realize that
sometime prior, Diane had
taken action to have the man
incarcerated for quite a substantial time frame for nonsupport! Fortunately, they
reached a truce, the heat was
fixed, Diane lived to tell the
story, and the maintenance
man admitted his failures and
promised to pay his support
on time thereafter. Born and
raised in Detroit and still a
resident of the city, Diane has
two adult daughters, one of
whom is a park ranger at Zion
National Park in Utah. Diane
is an avid reader, consuming
some 50 books each year from
Hemenway to Grisham, and
she is a superstar in two trivia
leagues. Like Trivial Pursuit,
the games and tournaments in
which Diane plays consist of
questions to be answered by
members of teams on topics
from history to movies to
sports to pop culture. Diane
has not only been an “
2011
15
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Page 16
m.v.p.” on the circuit, she has
led her teammates to many
championships.
Born in Ireland and having been raised in England
before coming to the states to
attend high school, Amanda
Kole actually graduated from
Sterling Heights High. She
obtained her bachelor’s degree
from Oakland University and
then later completed law
school at night at the
University of Detroit while
married, working, and raising
two children. Amanda initially entered private practice and
acquired a general civil background, and then joined the
Friend of the Court in 2001
as a custody investigator. She
eventually served as a judicial
service officer and became a
referee in 2005. Presently,
Amanda is the statewide secretary of the Referees’
Association of Michigan, and
she received special recognition for her work as the
R.A.M. liaison to the
Michigan Supreme Court for
the Task Force on the
Underground Economy spearheaded by Justice Corrigan.
Her most memorable experience in her FOC service is
legendary. While hearing a
motion pertaining to non-support, the ex-wife/payee wanted
Amanda to include a provision
in a proposed consent order
that she would waive her exhusband’s arrearage and future
support in exchange for intimate relations with him on
Tuesdays and Thursdays each
week! Of course, the order
AMANDA KOLE
16
was devoid of such provision.
Besides having a great sense
of humor, Amanda is a spin
instructor, an avid reader, and
a euchre aficionado in her free
time. Currently, her son is
attending law school at the
University of Detroit Mercy,
and her daughter will graduate
from Michigan State
University in May.
LISA
GOLDSTEIN
Admitted to practice law
in Michigan in 1991 and in
Illinois in 1992, Lisa
Goldstein obtained her undergraduate degree from Michigan
State University and her juris
doctor from the University of
Detroit. While practicing
juvenile and family law as a
sole practitioner upon graduation, Lisa simultaneously
attended Wayne State
University at night in pursuit
of her master’s degree. Then,
in 2002 she was hired as a
judicial service officer at the
Friend of the Court, and in
2006, she became a referee.
Her advice for attorneys is to
be prepared, to avoid taking a
case too personally, and to
show respect for the opposing
counsel and the process. Lisa
has been an active member of
the Referees’ Association of
Michigan, and in her spare
time she golfs, enjoys traveling and the company of her
husband, and is a champion of
animal rights and causes. As
a child aided by acquiescent
parents, Lisa became a rescuer
of monumental proportion,
eventually housing everything
from snakes to rodents to
MCBA BAR BRIEFS MARCH 2011
birds to animals left as roadkill to strays of all persuasions. Incredibly, she presently has only two dogs in residence, though just a few
weeks ago she found homes
for six dogs about to be put
down in a “kill shelter.”
Perhaps her most unique rescue, however, was of a bat
found beneath some bushes
outside the courthouse. Lisa
and a colleague took the bat
home in a box and eventually
enabled its self-propelled
escape to the belfry. Lisa’s
gentle, nurturing spirit translates well in her employment
as she works to assist families
who often need to be rescued
from themselves or the difficulties of divorce and parenting issues, a process which
she finds personally and professionally fulfilling.
Originally from the farm
country in Michigan’s thumb
area, Brian Nicholas started
college in the architecture program of the University of
Detroit, but soon transferred
to Central Michigan
University for a Bachelor’s of
Science in Business
Administration. He subsequently obtained his law
degree from Wayne State
University in 1996 where he
served on the board of the free
legal aid clinic for the indigent. This service influenced
Brian’s early legal career and
his employment with
Lakeshore Legal Aid for
Macomb County where he
eventually became the managing attorney of an office pri-
BRIAN NICHOLAS
marily representing the interests of abused women in
divorce. In conjunction with
his practice, Brian served on
numerous boards and commissions, including the Michigan
Poverty Law Program, the
State Bar Committee on
Domestic Violence, and the
federal commission established to train legal aid
lawyers. Then, in 2002 Brian
joined the Friend of the Court
as a judicial service officer,
and in 2008, he became a referee. Brian finds tremendous
personal satisfaction in this
area of practice and explains
his most memorable moments
as those when he has participated in the SMILE program
and when parties have thanked
him for his assistance. He
advises lawyers to remember
that family law usually does
not involve concept of winning or losing; rather, the
goal should be to achieve the
right and just result for the
parties and the children.
Toward this end, he wants
attorneys to recognize when
they have a weak position and
to shift the focus to accomplish a fair resolution. When
not behind his desk or the
bench, Brian is an avid sportsman interested in any waterrelated activity as well as biking, and he enjoys all things
artistic. Deborah F. O’Brien, Esq.,
is a partner in The Law Firm of
Ihrie O’Brien located in St. Clair
Shores. Ms. O’Brien’s practice
focuses primarily on family law,
and she is presently the chair of
the Family Law Committee of
the Macomb County Bar
Association.
MACOMBBAR.ORG
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PERSONAL INJURY SPECIALISTS
Proven results for your client referrals
FRASER
&
SOUWEIDANE,
P.C.
[email protected]
[email protected]
www.fsattorneys.com
10 S. Main St., Suite 302, Mt. Clemens, MI 48046
(586) 463-0100
MACOMBBAR.ORG
2011
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Page 18
Information From the
Latest Viviano to Continue
The Judicial Legacy
ow that the victory
celebration has subsided and the retirement parties lauding her father are
over, Macomb Countys latest
Viviano to occupy a courtroom at
40 North Main can finally fill her
office shelves with her own
memorabilia. She can rearrange
the chairs and open the blinds;
she can close the cafeteria in the
conference room or change the
menu from pie to veggies, and
she can place a pillow in the
indentation of the judges chair
behind the bench to elevate her
petite frame. If she were so
inclined, she could totally change
the spaces and the faces in her
chambers to make everything
uniquely hers. Yet, Kathryn A.
Viviano has essentially left the
landmarks of her predecessor
intact, both inanimate and
human. Ever mindful and
respectful of the shoes she is filling and the enormity of the tasks
ahead, Judge Kathy Viviano has
attempted to preserve what has
worked and to tweak only what
seems necessary at this time. In
order to give fair notice to practitioners, she has agreed to share
some of her preferences and
tweaks, though she admits that
they are ever-evolving and may be
subsequently modified as she
acclimates to the bench.
Firstly, on the issue of
adjournments, Judge Viviano
is adamant that her cases will
not languish due to numerous
delays. However, as a former
busy solo practitioner, she is
especially cognizant of attorney scheduling conflicts and
other issues occasioning the
need to postpone a matter, but
Hon. Kathryn Viviano
short adjournments will be the
order of the day and must be
arranged in advance. Further,
the order must state the reason
for the adjournment and the
number of the adjournment as
18 MCBA BAR BRIEFS MARCH
in first or second, et cetera.
An adjournment of a first status conference date for a week
or two will likely be granted.
A longer adjournment of
either a status or settlement
conference might be approved,
2011
perhaps up to 30 to 60 days
early on in the case if the parties are legitimately pursuing
reconciliation. Trial dates will
considered dates certain, not
dates to obtain a date certain.
Therefore, requests to adjourn
a trial must be based upon
good cause.
Whether parties will be
required to appear for status
conferences in the future is
still under consideration. At
this time, their appearances
are required. The judge is
aware of the differing points
of view and will provide guidance on this issue shortly.
The judge will be
involved in settlement conferences and will expect an
update on the case. She
intends to meet with the attorneys on such conference dates
and will generally refer the
matters in dispute to mediation or facilitation if a settlement has not been reached.
On motion day, the judge
will generally hear all show
causes and contempt-oriented
motions. She asks that a
brief history of the case be
included in all motions with
relevant orders attached. The
motion should also include a
recitation of the statute or case
law supporting the requested
relief, in addition the general
principles of equity favor their
position.
Judge Viviano is open to
the use of parenting coordinators and guardians ad litem in
cases with contentious histories. On a similar note,
experts for custody and psyMACOMBBAR.ORG
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Page 19
chological evaluations may be
permitted, subject to the parties ability to pay, case time
constraints, and the need for
more extensive services
beyond the capacities of
Friend of the Court personnel.
Lastly, the judge urges all
attorneys to be prepared, to be
on time, and to check in on
time even if the attorney has
another case before a different
judge. Information as to the
attorneys whereabouts, if
he/she will not be in the
courtroom, should be provided
to the clerk. Further, attorneys are cautioned to avoid
uncivil or rude conduct toward
each other and litigants. Deborah F. OBrien, Esq., is a
partner in The Law Firm of Ihrie
OBrien located in St. Clair Shores.
Ms. O’Briens practice focuses primarily on family law, and she is
presently the chair of the Family
Law Committee of the Macomb
County Bar Association.
INJURY ATTORNEY DANIEL BECK
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into a referral fee check today!
(586) 779-7810
DANIEL BECK
thomas garvey garvey & sciotti
[email protected]
Attorney Grievance Defense
Character and Fitness Representation
Former Macomb County Assistant Prosecuting
Attorney (25 years) and former Attorney Discipline
Board Hearing Panel Chairperson (23 years) welcomes the opportunity to represent attorneys in
disciplinary and grievance proceedings, and law
school graduates in character and fitness hearings.
Law offices of Rodnick, Unger, and Kaner, P.C.
3280 East 13 Mile Road, Warren, MI 48092
Steven Kaplan,
(586) 574-0020 - Office Number
(248) 321-8480 - Cell Number
Attorney at Law/
Adjunct Law Professor,
M.S.U. College of Law
MACOMBBAR.ORG
2011
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Classified Section
OFFICE SPACE
CENTRAL MACOMB COUNTY Windowed Office Space Available Van Dyke & I-696, $400/mo Gross
Lease - Includes heat, electric, water,
insurance, trash, parking. Wired and
wireless internet available without
charge. Kitchen and secretarial area
in common area. Excellent location,
easy access to all courts, central to all
freeways. Perfect for start-up or new
lawyer, accountant or realtor. Crossbusiness available. Call (586) 7647263 to see.
CHESTERFIELD TWP. - 23 Mile / I94 - Immediate occupancy, receptionist, conference rooms, copy/fax center, internet, large kitchen, plenty of
parking. Two large offices both with
a wet bar and windows which can be
opened. Smaller secretarial office
with furniture built in. Contact Vitale, Crosby & Associates PC.
(586) 725-1700 or v i t a l e c r o s [email protected]
DOWNTOWN MT. CLEMENS - Two
offices available within walking distance of the Macomb County Circuit
Court. Includes access to reception
area, library, conference rooms, copier
and kitchen. Contact William
Staugaard at (586) 307-8900
DOWNTOWN MT. CLEMENS - One
office available with access to conference room, copier, etc. Parking available adjacent to office. Within walking distance of Macomb Circuit
Court. Call Bob at (586) 469-0500.
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.
SINGLE OFFICE AVAILABLE FOR
SUB-LEASE - Single office in a three
office suite available for sublease.
Suite includes reception area, coffee/storage closet, and conference
room. Computer network available
with networked hard drive space
available, WiFi or hardwired access
available as well. Immediate occupancy. Terms discussed at meeting.
[email protected]
OFFICE SPACE
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.
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
LAW FIRM / ATTORNEYS Successful & longstanding AV Rated
Macomb County Law Firm is seeking
other law firms/attorneys to form
association/partnership to expand its
practice areas which currently include
specialties such as personal injury,
family law, criminal, probate, estate
planning, insurance disputes, insurance subrogation, real estate & general civil litigation. For inquires please
contact Bill or Dave at (586) 7317400
WANTED
PROBATE SUPPORT SPECIALISTS,
LLC - Decedent, Conservatorship &
Guardianship packages; Specializing
in forensic Account investigation and
regular Account preparation (especially
those that are overdue!) Medicaid
Applications.
Liaison to Social
Security, IRS, CMH, DHS, VA and
County caseworkers and resources.
Investigations, inventorying, liquidation of assets and supervised estate
clean-outs. Please call Charlene Tope
at (586) 415-0136.
SOLO PRACTITIONER seeking
office space in existing law office in
Sterling Heights, Shelby Twp, or
Clinton Twp. Please call Ron Broquet
at (586) 201-7300.
20 MCBA BAR BRIEFS MARCH 2011
KEVIN M. KAIN of the Law Firm
REFERRALS
Levine Benjamin has obtained over
NEW MEMBERS
20years. Will pay referral fee and pro-
MEGAN KELLY CASHEN
1,500 workers compensation settle-
ments for disabled workers over the last
vide status reports. Call Kevin M. Kain
at 1-800-675-0613.
BANKRUPTCY-Accepting referrals
MIKE COX
ALONDRA L. MYLES
for bankruptcy matters including
MARGARET R. SERAFANO
ed. Call Janet Ziulkowski at (586) 464-
CLASSIFIED
ADS
Chapters 7, 11 & 13 filings and adversarial proceeding. References provid1640.
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.
SOCIAL SECURITY and WORKERS
COMPENSATION -
Casazza Law
Offices - 90 plus years of combined
experience
Disability
with
&
Social
SSI
&
Security
Workers
Compensation claims. We pay referral
fees and will provide updates.
Call
Gene Casazza at (586) 468-4400 or
email at [email protected].
SOCIAL SECURITY DISABILITY
and SSI, AV-rated Attorney with 28
years experience.
Referral fee Call
Attorney Marsha Lynn Tuck at (248)
335-0730 or email
[email protected]
MEMBERS
$25
NON-MEMBERS
$40
FOR MORE
INFORMATION
PLEASE CALL
(586) 468-2940
OR VISIT
MACOMBBAR.ORG
SPECIAL
ANNOUNCEMENT
3600, a 20 year litigator of manufactur-
PLEASE NOTE THAT
ALL JUDGE JAMES
BIERNAT AND JUDGE
DON MILLER CASES
HAVE BEEN
REASSIGNED EFFECTIVE IMMEDIATELY.
referrals. Mr. Casey has obtained ver-
TO DETERMINE WHERE YOUR
ACCEPTING REFERRALS for any
matters concerning bankruptcy, includ-
ing initial filings of Chapters 7, 11, or
13, as well as adversarial litigation
relating thereto. Call Gerald L. Decker
at (586) 532-1122
THOMAS P. CASEY - (586) 563-
ers’ representatives commission cases
will pay a one-third forwarding fee on
dicts totaling in excess of $15 million
and another $15 million in settlements.
Accepting referrals for Mortgage
Modifications
& Chapter
13
Bankruptcy filings. Call Mark Wilk at
(586) 404-0076.
CASE HAS BEEN REASSIGNED
PLEASE VISIT THE CIRCUIT COURT
WEBSITE,
HTTP://WWW.MACOMBCOUNTYMI.
GOV/CIRCUITCOURT/INDEX.HTM
MACOMBBAR.ORG
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We Are Directly Across
From the Jail!
Sanborn Bail Bonds
43550 Elizabeth, Ste 200 • Clinton Twp., MI
(North Entrance)
Lowest Rates
Mark Sanborn
Statewide • Free Bond Information • Immediate Bond Approval
24 Hour Service in All Counties
1-888-636-8881 or
(586) 713-5383
ELDER LAW SPECIALISTS
• MEDICAID • VA BENEFITS • ESTATE PLANNING
NURSING HOME BENEFITS
Get help from the professionals at:
Patrick M. Simasko
(586) 468-6793
Serving the Community for over 40 years
MACOMBBAR.ORG
319 N. Gratiot Avenue
Mt. Clemens, MI 48043
[email protected]
simaskolaw.com
2011
21
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Page 22
2011
MACOMBBAR.ORG
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Your life is always in
MOTION
MOTION is the definitive lifestyle magazine
for Metro Detroit’s legal professionals.
Each quarterly issue contains articles on Professional Development,
Wealth Strategies, People of Interest,
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Courtroom Tools and Tactics, Mugshot Photo Galleries
and much, much more.
A DETROIT LEGAL NEWS PUBLICATION
Your c`]\
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Lifestyle
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Subscribe
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and
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an Issue!
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For The Active Attor ney
FULL YEAR’S CHARTER SUBSCRIPTION ONLY $20
NAME
COMPANY NAME
ADDRESS
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PHONE NUMBER
BILL ME
CHECK ENCLOSED
MAKE CHECKS PAYABLE TO: THE DETROIT LEGAL NEWS
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MACOMBBAR.ORG
2011
23
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Page 24
MCBA
Established 1906
Macomb County Bar Association
40 N. Main St. - Suite 435
Mt. Clemens, MI 48043-1037
www.macombbar.org
Macomb County Bar Association’s
Annual Dinner &
Elections Banquet
THURSDAY,
April 14, 2011 • 5pm
at
FERN HILL
Clinton Township
AGENDA
Cocktails: 5:00pm- 6:00pm
Final Ballots: 5:00pm - 6:00pm
Dinner & Ceremony to follow
Election Process
Members Free (Reservations Required)
Walk-ins $25
Non-Members: $25.00 in Advance • Walk-ins $50
Please RSVP by April 7, 2011 at (586) 468-2940 or visit MacombBar.org
Cancellations must be received by April 7, 2011. No refunds will be issued after
April 7, 2011. Members and Non-Members who make reservations and fail to show, but
do not cancel by the appropriate date, will be billed $25.00 for the event.