"Super Drunk" Driving Law Takes Effect Today

If your Halloween plans for today include any heavy drinking, think twice before getting behind the wheel.Persons caught operating a motor vehicle after bing-drinking, or with a high tolerance for alcohol, will face stiffer penalties starting today.  If a driver's blood alcohol (BAC) is measured at more than .17 grams per 100 milliliters, (more than double the legal limit) then the new enhanced penalties will apply. Those penalties include a one-year license suspension for first-time "super drunks"; an increase in the potential maximum jail sentence from 93-days to 180-days; higher fines; and mandatory use of an "ignition interlock" device.  The new law also features the longest alcohol rehabilitation treatment requirement on the...

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Posted in: drunk driving,Halloween,Super Drunk

Change of Domicile Case from Clarkston Gets Supreme Court Treatment

One of the saddest things in a divorce proceeding is when a parent moves the family court for permission to change the domicile of the minor children.  When that occurs, not only is the family rocked by the initial shock of divorce, the future relationship with the parent left behind is placed in jeopardy.A case from Clarkston, MI is instructive on the factors considered when such a motion is brought before the family court judge. In Sunde v Sunde, mother petitioned the court to change domicile.  After considering evidence presented during a hearing on the issue, Family Court Judge Mary Ellen Brennan denied the motion.  Although mother's application for  leave to appeal was denied by the Court of Appeals, the Michigan Supreme...

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Posted in: Ann-Marie Okros,attorney,Clarkston,divorce,domicile,family court,family law,Judge Mary Ellen Brennan,Lawrence Russell,Michigan Supreme Court

Video Interviews: Candidates for Michigan Supreme Court

One of our concerns here at the Law Blogger is that the Michigan voting public does not know much, if anything, about the candidates for the Michigan Supreme Court.Supreme Court Justice Robert P. Young, Jr.'s seat is up for grabs in this election.  This is one of the most important races in this Tuesday's election.In addition to Justice Young who is trying to remain among Michigan's top jurists, three trial judges are vying for the spot. The Detroit Free Press has posted interviews with all 4 of the judicial candidates.  The interviews are linked below for the convenient reference of our readers.This post ties into our post from last week, discussing whether our judges should be elected at all. Presently, our state constitution calls...

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Posted in: Judge Alton Davis,Judge Denise Langford Morris,Judge Mary Beth Kelly,Justice Robert P. Young Jr,Michigan Lawyer,Michigan Supreme Court,Tim Skubick

What Happens if Michigan Goes Belly-Up?

This is a post from the State Bar of Michigan's official blog.  The post is the original content of University of Indiana School of Law Professor Gerard Magliocca. Not that this would ever happen in Michigan, but Prof. Magliocca guest blogs at Balkinization on the constitutional implications of a state going into default, in "Too Big To Fail" States".  He says we better get ready, especially for a default by a big state:The prospect that a state like California might default or need a bailout raises two interesting constitutional questions. The first is whether Congress can attach conditions to a bailout that would require a state to undertake substantial reforms of its constitution. I think the answer is yes. Under South...

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Posted in: law school,Professor Gerard Magliocca,State Bar of Michigan,strategic default

Should Justices Be Elected or Appointed & Do You Care?

This content is the original content of the Michigan Lawyer, the official blog of the weekly law-related newspaper, Michigan Lawyer's Weekly.  The title of their post is, "A Lamentable State of Affairs".  When it comes to the workings and personnel of the third branch of government, the Michigan Supreme Court in particular, people who should have at least a rudimentary grasp of the subject don’t. And folks who attempt to keep up are frequently confused.Three vignettes for your consideration:Jack Lessenberry, a commentator for Michigan Public Radio, recounted this story last Friday:Rick Snyder, the Republican nominee for governor, was asked on television if he knew who the chief justice [of the Michigan Supreme Court] was. He...

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Posted in: attorneys,elections,Jack Lessenberry,Justice Marilyn Kelly,lawyers,Michigan Public Radio,Michigan Supreme Court

Oakland County Sheriff Picks Up More Coverage

In this era of tightening fiscal budgets, more municipalities are chopping their police forces.  Last summer, it was Clarkston; this fall it's Pontiac.Oakland County has one of the more developed law enforcement organizations in the state.  Although the Sheriff too has undergone cuts, it continues to pick-up coverage area.In the case of Pontiac, Chief Val Gross has been ordered to provide a transition plan by this Tuesday.  Apparently a memorandum of understanding has been executed between the Sheriff and the City of Pontiac. According to Michael Stampfier, Pontiac's emergency financial manager, the primary law enforcement shift will save the city over $2 million annually.  The shift is slated to take effect for all services,...

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Posted in: Michael Stampfier,Oakland County Sheriff,Pontiac Police Department,Val Gross

Nice Try: Mich Supreme Court Takes a Pass on Constitutionality of Appointed-Attorney System

Last March, we posted on the ACLU's constitutional challenge to Michigan's court-appointed attorney system. Duncan v Michigan was then heading for oral argument before the Michigan Supreme Court and it looked like the challenge was going to acquire some legs.  Here is an update.After hearing arguments in the case in April, the Supreme Court at first affirmed the 2-1 decision of the Michigan Court of Appeals, sending the matter back to the Ingham County Circuit Court (the trial court) for further trial proceedings to determine whether our court-appointed criminal defense system supplied criminal defendants their constitutional right to legal counsel. The Supreme court held that it was too early to dismiss the case below and the Ingham...

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Posted in: ACLU,criminal defense,Justice Marilyn Kelly,Justice Maura Corrigan,Lee Duncan,Michigan Court of Appeals,Michigan Supreme Court

Oakland Circuit Judge Potts Fosters Jury Innovation

Judge Wendy Potts has been conducting an interesting pilot program on the jury process in Oakland Circuit trials.  She maintains the only courtroom in one of Michigan’s busiest venues where jurors are encouraged to submit written questions to witnesses, take notes during the trial, and discuss the case during their morning and mid-afternoon breaks.Once the jury is empanelled, each juror is provided a notebook with all the jury instructions and, in civil cases, a set of stipulated trial exhibits for their convenient reference (or distraction) throughout the trial. The jurors welcome the opportunity to interact with the input of proofs.  Judge Potts instructs jurors to avail themselves of the opportunity to submit written questions...

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Posted in: felony child support,jury trial,Oakland Circuit Court,Oakland Circuit Judge Wendy Potts,Oakland County Prosecutor

Oakland County Judge Shuffle Update

Honorable Edward SosnickSince we last addressed this topic, some things have changed.  Although former 51st District Court Judge Phyllis McMillen is now installed at 1200 N. Telegraph, she was assigned to a general docket courtroom (civil matters and criminal felonies) rather than the Family Court Division, as we previously reported.Also, Oakland County Family Court Judge James Alexander did not take over departed Judge Mark Goldsmith's docket but rather, is scheduled to "swap dockets" with long-time Oakland County Circuit Judge Edward Sosnick. The last time Judge Sosnick handled a divorce was prior to the statutory creation of the Family Court back in 1998.  As a seasoned jurist, however, he will acclimate quickly to the divorce...

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Posted in: Dana Hathaway,Judge Edward Sosnick,Judge Phyllis McMillen,Kathleen Ryan,Oakland Circuit Court,Oakland Circuit Judge James Alexander

U.S. Supreme Court Opens Term with New Justice & Interesting Docket

The United States Supreme Court (SCOTUS) opens it's 2010-2011 term Monday morning, October 4, 2010, with a new justice in its chamber, and one of the more politically charged dockets in recent times.The SCOTUS bench will feature three sitting female justices for the first time in it's storied history.  Seems like just yesterday that President Obama installed Sonya Sotomayor on the bench.  On Monday, Elena Kagan takes the bench for the first time.One of the more electrifying cases selected by the Court for argument this term is Snyder v Phelps.  This case addresses free-speech under the First Amendment in the context of protesters picketing near the funeral of a Marine killed in Iraq. The father of the slain Marine from Maryland,...

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Posted in: Albert Snyder,Craig Trebilcock,Elena Kagan,First Amendment,Fred Phelps,SCOTUS,Sonia Sotomayor,Westboro Baptist Church

The "60-Minute" Divorce for Under $500

A new version of a "New York minute", or just another sign of the times? A law firm in New York City is offering clients divorce in under an hour, and for less than $500, not including filing fees, courier expenses, and other fine print.For the low fee, clients meet with a paralegal and lawyer at the NYC firm to provide their personal information.  The details of their settlement are also, briefly, discussed.The clients are next provided a ten dollar gift certificate to either McDonald's or Starbucks to burn-up the last hour of their ill-fated marriage while the law office prepares the canned document package for a "one-size-fits-all" divorce.You cannot have issues, however, or it will cost you extra. The basic premise is that the divorce...

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Posted in: child support arrearage,divorce,family law,marital estate,New York City,pro confesso,uncontested