June 11 - Macomb County Bar Association

Transcription

BARBRIEFS
Official Publication of the Macomb County Bar Association
June 2011
MCBF & MCBA ANNUAL MEETING SPOTLIGHTS
Volume 29
MacombBar.org
Number 12
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MCBA BAR BRIEFS JUNE
2011
MACOMBBAR.ORG
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. 12
Calendar of Events
In This Issue
4
Thank You
By Charles E. Turnbull, MCBA President
6
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June 2011
T
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Alternative Dispute Resolution
By Rick R. Troy, Macomb County Bar
Association Executive Director
Mediation Is a Success
5 6
12 13
19 20
26 27
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28
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15
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2
9
16
23
30
3
10
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31
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Circuit Court Corner
Jun 9
12:00 p.m.
Criminal Law Committee
Jun 24
4:00 p.m.
Young Lawyer BBQ
DeMoss & DeMoss PLC
Jun 14
12:00 p.m.
Juvenile Law Committee
By Jennifer M. Phillips, 16th Judicial Circuit
Court Administrator
12
Jun 24
11:30 p.m.-3:00p.m.
CLE - Michigan Felony
Sentencing
16th Circuit Court Criminal
Appointment Qualifier
Jun 13
1:00 p.m. Shotgun Start
Annual Golf Outing
Greystone Golf Club
By Jon H. Kingsepp
8
Jun 3
11:30 a.m. - 4:00 p.m.
CLE - Juvenile Basic
Training and Beyond
16th Circuit Court Juvenile
Appointment Qualifier
Hair Follicle Testing
By P. Douglas Womack, Law Offices of P.
Douglas Womack
14
16
18
MCBA Annual Dinner Spotlight
20
Classified Section
2011-2012 MCBA Board of Directors
MCBF Annual Dinner Spotlight
Join Us On
FACEBOOK
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Jul 1
Court Closed
July 2011
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Jul 4
Court Closed Independence Day
Jul 14
12:00 p.m.
Criminal Law Commitee
About the Cover: Top: MCBA Board of Directors. Left: President Charles Turnbull & President-Elect Gail M.
Pamukov-Miller, Right: Secretary Dana Warnez, Left: MCBF Board of Directors, Bottom Left: MCBA President-Elect
Gail M. Pamukov-Miller presenting the MCBA Distinguished Public Service Award to the Macomb County Charter
Commission Attorneys: Hon. Carrie L. Fuca, Thomas C. Rombach, Nick Ciaramitaro, Gary S. Anthony, James
Maceroni, (Not Shown) Jacob M. Femminineo, Jr, Bottom Right: MCBA President Charles Turnbull.
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
3
Macomb County
Bar Association
2010-2011
Board of Directors
I
President
Thank You
(586) 726-1000
President Elect
Gail M. Pamukov-Miller
(586) 532-1155
Secretary
n my final column I would like to
thank some of the people who have
made my tenure enjoyable and hopefully productive for the
Association.
and service committees. My role with the
Association has enabled me to appreciate the
depth and diversity of talent which exists in
the Macomb
County Bar
Association
and to which I
have not otherwise been
exposed. My
practice has
never touched
upon juvenile
or criminal
law areas but
my experience
in dealing with
the members
of these committees has
left me with a
great respect
for the talent
and dedication
which they
bring to their
work.
We have a dynamic and active Board of
Directors and it has been a pleasure to work
with each of them. I would particularly like
to thank the Immediate Past-President
Anthony Bellanca for making my transition
into this year as smooth as possible and our
President Elect Gail Pamukov-Miller for her
willingness and ability to step in and grab
the reins going forward. The leadership of
I would like to thank all the
Rick
Troy and the
rest of the
MCBA staff,
Dawn
Fraylick,
Patti Manick
and Tracy
Stabryla,
have continued to provide
great support
and service
for all of our
membership
programs,
committee
meetings,
seminars and
Association
events.
Much of their hard work goes unrecognized
and I would like to take this opportunity to
thank them for their dedication and hard
work.
Like any voluntary Association, the
success of the Bar Association depends largely upon the contributions of individual
members who take their valuable time to
contribute to the substantive law committees
membership for having
allowed me to serve you
this past year and I hope
that members of our
Association can realize
continued and increased
value from their membership in the Macomb
County Bar Association in
the years to come.
4
Charles E. Turnbull
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]
(313) 237-5599
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]
2011
MACOMBBAR.ORG
DRIVER LICENSE
RESTORATION
the Association is in good hands with our incoming
officers and our Board of Directors.
I would also like to thank my law partners for permitting me the time to devote to the Bar activities and I
would like to thank my wonderful wife Jill and my family for supporting me and putting up with more
demands on my time during this past year.
Lastly, I would like to thank all the membership
for having allowed me to serve you this past year and I
hope that members of our Association can realize continued and increased value from their membership in the
Macomb County Bar Association in the years to come.
LICENSE
• DAAD Hearings
• Appeals to Circuit
Court
• Implied Consent
• Traffic Tickets
CRIMINAL
•
•
•
•
Thank You!
Felonies / Misdemeanors
Expungements
Sex Offender Registration Act Relief
Juvenile Delinquency
MARK A. PELLECCHIA
(586) 532-1144
REFERRAL FEES GUARANTEED IN WRITING
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 5
Alternative Dispute
Resolution
Dear Members,
By Rick R. Troy, Executive Director of the Macomb County Bar Association
Alternative Dispute Resolution is institutionalized. While some in the legal community continue to resist the array of dispute
resolution processes available to parties involved in conflict, the majority now effectively use these tools for the benefit of their
clients and the justice system.
Similar to what Attorney Jon Kingsepp writes in the article below, Macomb County cases have several individuals and organizations that advocate their availability as mediators. The Resolution Center, in collaboration with the 16th Circuit was the original
"under $25,000" pilot in Michigan in 2006. The settlement rates stemming from these cases continue to be in the 90 percentile.
A
Thank you to Jon Kingsepp for his permission to reprint the following article that first appeared in the OCBA's Laches magazine.
Mediation Is a Success
recent SCAO survey demonstrated
success in mediation for cases evaluated
under $25, 000. 00. 1 A
pilot program incorporating
the counties of Kent,
Macomb and Oakland found
a striking majority of cases
- 93 percent - settled prior to
trial. These were cases evaluated under $25,000.00
where awards were rejected,
and the cases were subsequently ordered to mediation
conducted privately or
through Community
Dispute Resolution
Programs (CDRPs).
Ten percent of the cases
were disposed by summary
disposition. Seven percent
went to trial. The average
life span of the cases that
By Jon H. Kingsepp
were resolved was 340 days.
Of those, 40 percent settled
an average of 66 days from
the date of the order to mediate. Seventy-two percent
were disposed of within an
average of 78 days from the
order to mediate.
Other conclusions
reached from this survey
suggest that simply ordering
cases to mediation may
result in a number of them
settling. This could occur
either before mediation or
“at the table.” Since time is
money, this would provide
savings to both the court
and the client. If these
results demonstrate such
success then there is no
question that claims above
$25,000.00 could also realistically be settled if media-
6 MCBA BAR BRIEFS JUNE
2011
tion were conducted shortly
after the case is at issue and
much before case evaluation
is scheduled.
Time is Money
Clients need a forum
that recognizes their dispute
can potentially be resolved
while foregoing the traditional measures of protracted
discovery and constant
appearances in court. The
informed attorney, knowing
his case well, should easily
be able to persuade an opponent to instigate the mediation process. MCR 2.401
is the mechanism that
allows for early mediation.
Frequently this is not utilized in the early stages of
litigation.
However, a problem is
the reluctance or hesitation
to conduct early mediation
because of the perceived
need to “know all the facts
and develop all the issues.”
Involvement in early mediation does not result in risk –
it merely postpones the traditional preparation for trial.
Again, your client is more
concerned that time is
money, and is looking for
savings to him/her whereas
protracted discovery does not
accomplish that result.
Mediation before the extensive discovery process is of
little risk to the client and
poses a greater benefit; i.e.,
the case might settle.
Even if the initial
effort does not result in a
settlement, several advanMACOMBBAR.ORG
By Rick R. Troy, Executive Director of the Macomb County Bar Association
tages may arise from utilizing the early process of
mediation. First, the clients
may now have a mediator
who can fill a useful role
later in the case and after
some discovery has been
conducted. Second, the
mediator may be an appropriate party to address discovery issues. Third, the
parties might desire to have
further discussions but at a
later date and after limited
discovery. Fourth, as a consequence of the mediation
session, the legal or fact disputes or differences may be
simpler or more clarified.
Fifth, the mediation session
itself may well open one’s
MACOMBBAR.ORG
eyes to the fact that some of
the counter-arguments have
validity, giving all parties a
reality check. Sixth, the
strategy in discovery may
alter and become more definitive. So, what is the detriment to an effort at early
mediation after the case is at
issue? That question should
be posed and discussed with
the client as part of the
strategy of the case.
Oakland County utilizes the early intervention
program (EIC). The question becomes how many
attorneys, exposed to this
process in the Circuit
Court, actually leave that
meeting with an order that
implements mediation?
Your client could potentially
dispose of his/her case within an average of 78 days.
At our disposal are several individuals and organizations that advocate their
availability as mediators. 2
In addition, many circuit
courts have a SCAOapproved list of mediators.
Utilize those services early
in the dispute. These
trained individuals or organizations have the experience
to be of value early in the
case.
Be an advocate for
mediation. 3 IT WORKS.
Jon H. Kinsepp is a
past president of the OCBA,
the Oakland County Bar
Foundation, and the
Oakland Mediation Center.
1
SCAO Analysis, February 2011,
Michelle Hilliker.
2
Oakland Mediation Center,
PREMi, American College of
Civil Trial Mediators, and the
International Association of
Mediators are just a few.
3
The difference in case ages
between those settled before or at
mediation and those that did not
and continued to court action
was an average of 203 days.
2011
7
Circuit Court Corner
By Jennifer M. Phillips, 16th Judicial Circuit Court Administrator
We are honored to have Judge James
Biernat, Jr. join the bench of the 16th
Circuit Court. Judge Biernat was
appointed by Governor Snyder effective
May 3, 2011. Judge Biernat has been
assigned to the Civil/Criminal Division
and his courtroom is on the third floor of
the courthouse in Judge Caretti’s former
chambers. (Judge Caretti moved across
the hall but is still located on the third
floor as well.) Everyone is finally settling in after our string of recent retirements, elections and appointments.
Following is an updated list of the entire
Bench including docket assignment and
location.
Welcome Judge Biernat
Efiling Update
We are getting closer to the launch
of efiling. The test environment is being
created and training materials will be
finalized and distributed shortly. We are
anticipating training in June and July.
Details and final dates will follow soon.
Felony Plea Program
The Circuit Court has been working
closely with Judge Carl Gerds and the
administration of the 38th District Court
in Eastpointe to develop a pilot Felony
Plea Program for the Macomb County
District Courts. Under the pilot, participating district court judges will be crossassigned as circuit court judges and will
have the authority to take felony pleas at
the district court level on behalf of the
Circuit Court Bench.
As currently designed, upon arraignment at district court, the district court
8
2011
Judge
Division
Location
James Biernat Jr.
Civil/Criminal
3rd Floor
Richard Caretti
Civil/Criminal
3rd Floor
Mary Chrzanowski
Family
4th Floor
Diane Druzinski, Chief Judge Pro Tempe
Civil/Criminal
2nd Floor
John Foster
Civil/Criminal
4th Floor
Peter Maceroni
Civil/Criminal
4th Floor
Edward Servitto
Civil/Criminal
3rd Floor
Mark Switalski, Chief Judge
Family
3rd Floor
Matthew Switalski
Civil/Criminal
2nd Floor
Kathryn Viviano
Family
2nd Floor
David Viviano
Civil/Criminal
5th Floor
Tracey Yokich
Family
2nd Floor
staff will notify Circuit Court via the
existing bind over process of the felony
arraignment. At that time, Circuit Court
will assign the circuit court judge and
defense counsel as requested. At the preliminary exam or pre-exam conference in
district court, the attorneys will have the
opportunity to enter a plea before the district court judge. The defendant will then
be scheduled for sentencing in front of
the circuit court judge (provided the defendant agrees to waive his or her right to be
sentenced by the judge taking the plea).
It is anticipated that the program
will be beneficial to the circuit court
judges by reducing one hearing per case
and expediting the presentence investigation process. However, the main efficiency will be gained by the jail in reducing the number of transports back-and-
forth from the jail for in-custody defendants. With assistance from the Macomb
County Clerk’s Office and collaboration
from the Prosecutor’s Office, we are close
to being able to implement a tech savvy
pilot within the next month. If all goes
well, we will be rolling out the pilot to
additional district courts within the county within the next couple of months.
We would like to thank Judge
Gerds, 38th District Court Administrator
Karen Haydett and staff, Clerk Carmella
Sabaugh and staff*, and Prosecutor Eric
Smith for their assistance and willingness
to participate in this pilot project.
*A special thanks to Anthony June
of the Clerk’s Office who has been instrumental in automating the process.
Anthony also deserves a big congratulations for recently passing the bar! MACOMBBAR.ORG
The Women Lawyers Association of Michigan Macomb Region presents its quarterly
WLAM DINNER
MEETING
FEATURING
ELIZABETH JOLIFFE,
PROFESSIONAL BUSINESS COACH
Professional women of all fields are
invited to network with other
professionals and gain insight into
how to better market their services.
Please invite a friend!
Investigations & Security Services
Forensic Computer Examination
Computer Security
John D. Gifford, J.D.
Former FBI Special Agent
P.O. Box 7501
Bloomfield Hill, MI 48302
(248) 921-3456
www.computer-analysis.com
Thursday, June 30
Italian American Cultural Center
Clinton Twp.
5:30pm Doors Open • 6pm Dinner
$25 WLAM Members • $35 for Non-Members
Includes Dinner & Drinks (Beer & Wine Only)
Reservations Required by June 23 by calling Linda
McGrail Belau at (586) 726-1000 or [email protected]
MACOMBBAR.ORG
2011
9
Colonial Title Company
Est. 1993
An Agent for Stewart Title Guaranty Company
(586) 774-5950
Law Offices of
Sean Patrick Cox
Paying referrals for
cases in the
Grand Rapids &
surrounding
West Michigan
Communities
[email protected]
• Escrow Services
• Foreclosure Guarantee Commitments
• Recording Services
• Title Insurance
• Title Searches
• 1031 Exchanges
• Mobile Closings at no additional charge
Raymond DeBates, President
Christina Goloda, Chief Examiner
New Baltimore
St. Clair Shores
Richmond
www.colonialtitlecompany.com
Serving Attorneys throughout Macomb County
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
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
10
2011
MACOMBBAR.ORG
MCBA Criminal Law Committee in Association with the Criminal Defense
Resource Center of the State Appellate Defender Office Presents
Michigan Felony
Sentencing
June 24, 2011
Lunch 11:30am • Seminar 12:00pm-3:00pm
16th Circuit Court, Jury Room
12:00-12:15: Introductions, Judicial Top Ten List
Hon. Mark Switalski, 16th Circuit Court Chief Judge
12:15-1:00: SORA Updates
Sgt. Christopher Hawkins, Michigan State Police
Cheryl A. Carpenter, Redford
1:00-1:15:
1:15-1:30:
1:30-2:15:
SORA Q & A Period and Hypothetical Problems
Break
Sentence Law Updates (Including Guidelines)
Anne Yantus, State Appellate Defender Office
2:15-2:30:
2:30-2:45:
Sentence Law Q & A
Community and Jail Programs
Macomb County Probation Department
2:45-3:00:
Probation Department Q & A Period
THIS IS A QUALIFYING SEMINAR FOR CRIMINAL APPOINTMENTS
$40 MCBA Members • $50 Non-Members
Please register by calling (586) 468-2940 or online at MacombBar.org.
Walk-ins will be charged an extra $10
Cancellations must be received by the Wednesday before the seminar date to be refunded. No shows and late cancellations will be charged at the regular rates.
The seminar is supported through a generous grant from the Michigan Commission on
Law Enforcement Standards.
MACOMBBAR.ORG
2011
11
T
Hair Follicle Testing
By P. Douglas Womack, Law Offices of P. Douglas Womack
he 60's, the era that started the path to drug abuse,
also gave us musical lyrics about long beautiful, flaxen, waxen hair. 1 Now we can use some of that hair to
assist in accurate, long term drug testing.
A hair follicle drug test2 measures the specific metabolites that are produced and left inside a hair follicle strand after
a drug has been ingested and processed by the human body.
Metabolites are the remaining chemical byproducts after it
has been broken down by the body. After the drug is
processed through ingestion, trace amounts of the drug or its
metabolites are absorbed into hair follicle strands as a permanent record of drug use.
The primary advantages to hair follicle drug testing over
urinalysis is that it documents the last ninety days of drug
use, does not require random testing to uncover deceptive
behavior, is more accurate and is virtually tamper proof. The
drug residues cannot be washed, bleached or flushed out of
hair follicles and are stable over time. 3 Further, hair drug
testing should uncover up to ten times as many illegal drug
users as urinalysis because it is significantly more sensitive.
Urinalysis is the preferred test used by probation
agents, because it allows for a quick, inexpensive test of
recent drug use. However, because of false "positives",
agents must rely on admissions of illegal drug use to verify
the accuracy of the initial "positive" screen. Without an
admission, the urine test must be sent to a lab for confirmation, which, of course, defeats the advantages of the urine test
as a quick, inexpensive test. 4
The Courts, because of the possibility of false positives,
should be wary of urine drug test screens reported as "positive", unless verified by a testing lab in a written report. 5
The hair test screen uses a small sample of hair of over
fifty milligrams (about fifty to seventy strands) to identify
specific drugs used by the person being tested. The hair sample is dissolved in a series of solvents which extract the drug
metabolites from the inner part of the hair strand. The screen
usually tests five major illegal drug classes, identified by the
National Institute for Drug Abuse (N.I.D.A.), as having the
most abuse. Those drugs are Cocaine, Opiates, Marijuana,
P.C.P. and Methamphetamine. Hair follicle screens can also
12
2011
be performed with special testing for many other illegal drugs
or substances, including poisons, steroids, and date rape
drugs, like GHB.
A standard screen usually covers a period of approximately five to the last ninety days, but can vary, depending
on the growth rate of the hair. 6 The last five days can be
complemented by a urinalysis drug test. Hair usually grows
at the standard rate of one half inch per month. 7
It usually takes about five days after ingestion before
the drug metabolite is permanently embedded in the hair follicle. The hair sample should be cut as close to the scalp as
possible and only the most recent one and one half inches are
generally tested. 8 It is standard protocol for the lab to wash
the outside of the hair and test the washes to make sure all
the drugs from the outside are removed, so that any detected
drugs come only from within the follicle. It is possible to
go back more than ninety days, with special testing, if the
hair sample obtained is longer than the standard cut. The
time is only limited by the length of the hair strand being
tested.
Any respondent who fails to report for hair follicle testing, who presents with globally shaved body hair or who
refuses removal of hair from other than the scalp, should be
considered in non-compliance. 9
Passively inhaling someone else's marijuana use at a
party or sporting event will usually not meet the cut off levels of minimum concentration that a drug lab will report as
positive. 10 Hair follicle testing for marijuana use will give a
more accurate long term history of use at lower detection levels.
Confirmation beyond an initial "positive" screen must
be used to rule out "false positives". The accepted method for
confirmation is G.C./M.S., Gas Chromatography/Mass
Spectrometry. 11 Although the cut off levels can differ from
lab to lab, they are usually around one picogram per milliliter
(pg/ml) for marijuana. 12
A cut-off level is merely a minimum detection level.
For example, occasional recreation use13 of cocaine would
show a typical level of five hundred to one thousand pg/ml.
Only nationally certified labs14 should be used for testing. A
MACOMBBAR.ORG
By P. Douglas Womack, Law Offices of P. Douglas Womack
legal chain of custody protocol, with affidavit, should be
strictly followed for all samples.
Since there are probably several hundred substances,
including over the counter medications, prescribed drugs, common foods and diseases, like diabetes, that can cause "false
positives", it is important that all disputed positives be followed up with confirmation by a Nationally Certified
G.C./M.S. testing lab. 15
The person reporting the Hair Follicle test results to the
Court should be trained in interpreting the report, or have a
designee16 available who can do so. This person should be
prepared to tender a written lab report to the Court and parties,
in advance of the Court hearing. 1. The 1960's Broadway Musical "Hair", evokes distant, but fond memories for those males born during the Age of Aquarius, who are now "follically challenged".
2. Approved by Dan Garon as a superior hair scalp testing method.
3. There are many websites on the Internet advertising the sale of hair
washing shampoos that can supposedly mask or defeat hair follicle testing. Not true. Lesson: A fool and his hair are soon departed.
4. Sagacious Attorneys should never underestimate the use of well-timed
threats of hair follicle testing in extracting an immediate confession,
thereby avoiding the rack.
5. The Macomb Probation Department currently uses a urine drug testing card produced by the American Bio Medica Corporation,
Kinderhook, N.Y. Lab Analysis is performed by Alere Labs, Gretna, La.
Because of budget restraints, hair follicle testing is not currently used
by probation. The cost of a one to five drug screen strip range from
$1.50 to $5.00 The cost of lab confirmation is $18.75 per each drug,
G.C./M.S. confirmed.
6. Body hair, unlike hair from the scalp, usually falls out after a year,
limiting the maximum time line.
7. The standard rate of hair growth can be affected by health, nutrition,
disease, metabolism and individual variation.
8. Many respondents complain after a sample is taken that the hair was
not cut close to the scalp, that only a few strands of hair were removed,
that they were not questioned about legal prescription use and that the
sample taker refused or failed to identify him/herself. These complaints
should be presented to the testing laboratory.
9. The Court, in the Matter of In Re CR, 250 M App 185 (2001) considered a respondent to be in non-compliance with a hair follicle test when
he appeared for the test completely shaved of body hair. Beware also of
a respondent who claims the male lead in the "King and I". However,
loss or lack of body hair through natural condition, disease or chemo
therapy would be a legitimate exception.
10. If you have not heard this excuse from a respondent yet, can I sell
you a Madoff portfolio ?
11. Gas Chromatography is an accepted standard procedure that does
not require prior court approval for introduction into evidence. People v
Davis, 199 M App 502 (1993).
12. A picogram is one trillionth of a gram. A trillion is the number of
dollars our Congress can spend in one second.
13. "Deadheads" from the Rock Band "Grateful Dead", would not be
considered "recreational" users.
14. The Substance Abuse and Mental Health Services Administration
(SAMHSA), a federal governmental agency (www.samhsa.gov) and the
Department of Health and Human Services (www.hhs.gov), establish
requirements for certification.
15. See www.askdocweb.com/falsepositives.html for a comprehensive
list of substances that may cause "false positives". A "false positive" is
an oxymoron, like when your Proctologist says that "this isn't going to
hurt".
16. Most certified drug laboratories have a staff Medical Review
Officer (M.R.O.) that should be available to answer questions.
Metro Detroit Injury Law
Attorney Dan Beck
RECENT CLIENT NEWS:
$1 MILLION MEDICAL MALPRACTICE
VERDICT ON $45,000 DEFENSE OFFER
APRIL 25, 2011
(OAKLAND COUNTY CIRCUIT COURT)
accepting your referrals today!
thomas garvey garvey & sciotti
MACOMBBAR.ORG
DANIEL BECK
[email protected]
2011
13
MCBA ANNUAL MEETING & ELEC
Lori Finazzo, Past President, Charles Turnbull, President &
Gail Pamukov-Miller President-Elect
President Charles Turnbull
Secretary Dana Warnez presents Bob
Gray with the Kimberly M. Cahill
Civility Award
President Charles Turnbull
presents Thomas Tomko with
the Pro Bono Senior Services
Award
2011
MACOMBBAR.ORG
TIONS BANQUET - APRIL 14, 2011
President Charles Turnbull presents Lori Smith with
the Pro Bono Low Income Award.
Anthony Bellanca (right) presenting Anthony Urbani with the
Special Service Award for his
work on the Foundation’s Dancing
with the Judges event.
MCBA President-Elect Gail M. Pamukov-Miller presenting the MCBA Distinguished Public Service
Award to the Macomb County Charter Commission Attorneys: Hon. Carrie L. Fuca,
Thomas C. Rombach, Nick Ciaramitaro, Gary S. Anthony, James Maceroni,
(Not Shown) Jacob M. Femminineo, Jr.
MACOMBBAR.ORG
2011
15
2011-2012 Board of Directors
President
Gail M.
Pamukov-Miller
President Elect
Dana M. Warnez
Secretary
Julie Gatti
Treasurer
John B. DeMoss
Immediate Past President - Charles E. Turnbull
Directors
Stephen Becker
Mark C. Haddad
John J. Kennedy
Donald P. DeNault, Jr.
R. Timothy Kohler
Karen Trickey Pappas
Ronald A. Goldstein
James Maceroni
Nijad George Mehanna
Young Lawyers Section Chair - Dawn Prokopec
Women Lawyers Association of Michigan Macomb Region - Linda McGrail Belau
2011-2012 Young Lawyers Board of Directors
Chair
Dawn Prokopec
Frank Briguglio
Chair Elect
Andrea Irons
Secretary
Randall Chioini
Treasurer
Joseph Bellanca
Immediate Past Chair - Jeff Burns
Directors
Jennifer Latimer
Brian Longman
Lori Smith
We Can Help You
Protect Your Clients
Estate Planning | Elder Law | Special Needs Planning
s -EDICAID 0LANNING
s 7ILLS 4RUSTS
s !SSET 0ROTECTION 0LANNING
s #ONSERVATORSHIPS
s 3PECIAL .EEDS 4RUSTS
s 0OOLED 4RUST
s 3PECIAL .EEDS 3ETTLEMENT
0LANNING
s 0OWERS OF !TTORNEY ,IVING 7ILLS
s 0ROBATE %STATE
!DMINISTRATION
s ,ONG4ERM #ARE
0LANNING
12900 Hall Rd. | Suite 470 | Sterling Heights, MI 48313
Ph: 586-803-8500 s Fax: 586-803-8508
www.MichiganLawCenter.com
2011
MACOMBBAR.ORG
CASE EVALUATOR APPLICANTS
The 41A District Court will be accepting applications from
qualified persons for consideration as Case Evaluators.
Consideration will only be given to applicants who submit SCAO
approved form MC34 Case Evaluation Application and who
meet the requirements as set forth in MCR 2.404(B)(2) by no
later than June 30, 2011.
Send applications to:
41A District Court
Attn: Lynn McKheen
40111 Dodge Park Road
Sterling Hts., MI 48313
http://courts.michigan.gov/scao/courtforms/caseevaluation/mc34.pdf
PITT MCGEHEE PALMER RIVERS & GOLDEN, P.C.
GUARDING THE CIVIL RIGHTS AND LIBERTIES OF ALL CITIZENS
With over 150 years of
combined experience in
employment law, our firm is a
nationally recognized leader
in complex employment, civil
rights, consumers’ rights and
class action litigation on
behalf of individuals.
Michael L. Pitt, Cary S. McGehee, Robert W. Palmer, Beth M. Rivers and Joseph A. Golden
are honored to be listed in Best Lawyers and Super Lawyers.
117 W. Fourth Street, Suite 200, Royal Oak, MI 48067
(248) 398-9800
www.pittlawpc.com
MACOMBBAR.ORG
2011
17
MACOMB COUNTY BAR FOUNDATION
SCHOLARSHIP WINNERS
MCBF President Lynn Davidson presents Adam
Wenner with the Trustee Law School Scholarship.
MCBF President Lynn Davidson presents Heather
Harper with the Trustee College Scholarship.
MCBF President-Elect John Kennedy presents Rachel
Culley with the Philip F. Greco Memorial Scholarship.
This scholarship is funded through the generous contribution of Greco Title Agency, LLC, a Division of
Attorneys Title Agency, LLC and honors the memory
of the late Philip F. Greco, Esq.
MCBF Directors Dana Warnez and Edward
Souweidane present Aisa Villarosa with the Kimberly
M. Cahill Memorial Scholarship. This scholarship is
funded by the many generous contributions to the
MCBF’s Kimberly M. Cahill Memorial Fund and
honors the memory of Kimberly M. Cahill.
2011
MACOMBBAR.ORG
Welcome
New Members
Jennifer Ann Hiop Alfonsi
Gwendolyn Cameron
Paul J. Dwaihy
Jennifer Gentz
Mark L. Heinen
Nameer N. Kajy
Christopher M. Metry
Candice Penkala
Richard L. Phillips
David Patrick Porada
Christopher Rickard
Christina M. Sayegh
Marvin D. Sharon
Del A. Szura
Casey N. Walker
Jeffrey Paul Yaroch
MACOMB COURT REPORTERS
Mount Clemens and Port Huron
Matthew R. Carroll & Associates
Condensed Transcripts • Video • Litigation Support
Deposition Suites • Realtime • E-Transcript
175 Cass Ave. • Mt. Clemens, MI 48043
(586) 468-2411 • Fax: (586) 468-2410
511 Fort Street • Suite 355 • Port Huron, MI 48060
(810) 987-2366 • Fax: (586) 468-2410
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
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.
MACOMBBAR.ORG
586.779.7810 • Garveylaw.net
2011
19
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. Cross-business available.
Call (586) 764-7263 to see.
CHESTERFIELD TWP. - 23 Mile / I94 - Immediate occupancy, conference
rooms, large kitchen, plenty of parking.
Several office options to choose from including 3 large offices with wet bars
and windows. Contact - Robert D.
Crosby, Esquire or his assistant at (586)
716-4200 or
[email protected] for
appointment to discuss and view space.
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
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]
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
REFERRALS
BANKRUPTCY-Accepting refer-
COUNSELING SERVICES avail-
rals for bankruptcy matters includ-
and practicing attorney for more
References provided. Call Janet
able for attorneys and their clients.
Licensed Professional Counselor
ing Chapters 7, 11 & 13 filings
and adversarial proceeding.
REFERRALS
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
than 21 years, provides confidential
Ziulkowski at (586) 464-1640.
Woods. Specialization in couple
and SOCIAL SECURITY DIS-
matters concerning bankruptcy,
status reports. Call Dennis R.
litigation relating thereto. Call
psychotherapeutic counseling in
Shelby, Lake Orion and Harper
and family counseling and facilitative mediations. Call Laurie
Orlando at (586) 405-1603
WORKERS COMPENSATION
ABILITY: Over 30 years experi-
ence. Referral fee. Will provide
[email protected]
ACCEPTING REFERRALS for any
including initial filings of Chapters
7, 11, or 13, as well as adversarial
Nettle. 1-800-575-7477 or (586)
Gerald L. Decker at (586) 532-1122
SOCIAL SECURITY and WORK-
3600, a 20 year litigator of manu-
packages; Specializing in forensic
combined experience with Social
warding fee on referrals. Mr.
those that are overdue!) Medicaid
We pay referral fees and will pro-
er $15 million in settlements.
WANTED
PROBATE SUPPORT SPECIALISTS, LLC - Decedent,
Conservatorship & Guardianship
Account investigation and regular
Account preparation (especially
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.
LEASED OFFICE SPACE - for solo
attorney and part-time secretary.
Willing to share space, equipment,
receptionist, etc. with existing firm.
Ideal location is Hall Road corridor
or Van Dyke north of Hall Road.
I’m flexible, let’s talk. Terri (586)
504-3601.
REFERRALS
KEVIN M. KAIN of the Law Firm
Levine Benjamin has obtained over
1,500 workers compensation settle-
ments for disabled workers over the
last 20years. Will pay referral fee
and provide status reports. Call
Kevin M. Kain at 1-800-675-0613.
20 MCBA BAR BRIEFS JUNE 2011
776-4080.
ERS COMPENSATION - Casazza
Law Offices - 90 plus years of
Security Disability & SSI &
Workers Compensation claims.
vide updates. Call Gene Casazza
at (586) 468-4400 or email at
[email protected].
THOMAS P. CASEY - (586) 563-
facturers’ representatives commis-
sion cases will pay a one-third for-
Casey has obtained verdicts totaling
in excess of $15 million and anoth-
Accepting referrals for Mortgage
Modifications & Chapter 13
Bankruptcy filings. Call Mark
Wilk at (586) 404-0076.
CLASSIFIED ADS
MEMBERS $25
NON-MEMBERS $40
FOR MORE INFORMATION
PLEASE CALL (586) 468-2940
OR VISIT MACOMBBAR.ORG
J. P. Carey Consulting, Inc.
FORENSIC POLYGRAPH EXAMINATIONS
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
(Northwest of M-59 & M-53)
MACOMBBAR.ORG
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
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
MACOMBBAR.ORG
2011
21
22
2011
MACOMBBAR.ORG
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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and much, much more.
A DETROIT LEGAL NEWS PUBLICATION
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MACOMBBAR.ORG
2011
23
MCBA
Established 1906
Macomb County Bar Association
40 N. Main St. - Suite 435
Mt. Clemens, MI 48043-1037
www.macombbar.org
YLS BBQ • June 24
BBQ begins at 4pm
Featuring
Volleyball Tournament with the Judges
AT
The Law Offices of DeMoss and DeMoss PLC
44511 Gratiot Ave. (S. of Hall Rd.) • Clinton Twp.
A FREE annual blast for all MCBA
members!
Food • Drinks • Games • Music
Reservations are Required. Please RSVP by June 17 to the Bar office
at (586) 468-2940. This event is FREE.
Contact the Bar office to sign up for the Volleyball Tournament