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Cannabis Law Conference Highlights

By Rebekah Page-Gourley posted 2 days ago
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At the end of September, I attended the 9 th Annual Cannabis Law Conference , presented by the Cannabis Law Section of the State Bar of Michigan in cooperation with ICLE. Held in Kalamazoo at the recently renovated Radisson Hotel, the conference was filled with the excellent substantive presentations and fun networking opportunities I’ve come to expect from this group. Here are some of my takeaways: Rescheduling . Paul Armentano of NORML presented about the history of rescheduling petitions over the years and previewed what to expect with the potential federal reclassification of marijuana from schedule I to schedule III. While Paul thinks rescheduling ...
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2025 Michigan Child Support Formula Effective January 1, 2025

By Lindsey A. DiCesare posted 13 days ago
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On January 1, 2025, the 2025 Michigan Child Support Formula (MCSF) and 2025 Michigan Child Support Formula Supplement (MCSF-S) will go into effect. Changes to the 2025 MCSF The 2025 MCSF updates and clarifies several sections of the current version. Changes include the following: 2025 MCSF 1.04(E) Clarifies that a deviation is not required if a deviation factor exists Clarifies that the list of deviation factors is not an exhaustive list Removes two deviation factors: 2021 MCSF 1.04(E)(9): Alternative health care coverage 2021 MCSF 1.04(E)(13): Costs associated with a parent’s conviction or crime Clarifies several ...
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July 2024 Michigan Supreme Court Roundup

By Lindsey A. DiCesare posted 27 days ago
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The Michigan Supreme Court released 16 important opinions in July in a variety of areas, including civil litigation, employment, municipal, negligence, and real property. For a full list of supreme court criminal cases, see Roundup of MI Supreme Court Criminal Cases Published in 2024 . Civil Litigation Bradley v Frye-Chaiken , Nos 164900 , 165901, ___ Mich ___, ___ NW3d ___ (July 26, 2024) Defendant agreed to sell plaintiffs a condominium in the Cayman Islands, and the parties executed a contract. Before the closing, defendant’s mother passed away, and defendant became unsure of following through with the sale. Plaintiffs filed an action for breach ...
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Q&A with Judge Allie Greenleaf Maldonado, Michigan Court of Appeals

By Lindsey A. DiCesare posted 09-03-2024
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The Honorable Allie Greenleaf Maldonado was appointed to the Michigan Court of Appeals in 2023. Judge Maldonado is the first citizen of a federally recognized Native nation to serve on the Michigan Court of Appeals. In addition to being a citizen of the state of Michigan, Judge Maldonado is a citizen of the Little Traverse Bay Bands of Odawa Indians (LTBB) and a member of the Turtle Clan. Before her appointment to the Michigan Court of Appeals, Judge Maldonado served as the Chief Judge of the Little Traverse Bay Bands of Odawa Indians and as assistant general counsel for the Tribe. Who makes up your judicial staff and what roles do they play? I ...
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Q&A with Judge Cori E. Barkman, 29th Circuit Court (Clinton and Gratiot Counties)

By Matthew J. Franson posted 08-12-2024
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Hon. Cori E. Barkman has served as a circuit court judge in the 29 th Circuit Court of Clinton and Gratiot Counties since 2021. She handles both civil and criminal matters. Before becoming a judge, Judge Barkman was a first assistant attorney general in the Michigan Department of Corrections Division of the Attorney General’s Office. Prior to that role, she was an administrative law judge at the St. Louis Correctional Facility and a senior litigation attorney in the Attorney General’s Office. For attorneys who have never been to your court, what is your check-in process? Attorneys should check in with the judicial assistant who is in the courtroom. ...
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2024 SCOTUS Opinion Roundup

By Tala Dahbour posted 07-31-2024
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The 2023–2024 U.S. Supreme Court term brought important rulings that have changed legal standards in several areas. These decisions affect rules on expert testimony in criminal cases, federal arbitration procedures, presidential power and immunity, and much more. Below are summaries of key cases from this term. Criminal Diaz v United States , 602 US ___, 144 S Ct 1727 (2024) In a 6–3 decision, the U.S. Supreme Court affirmed the lower court’s ruling regarding FRE 704(b). This rule restricts expert witnesses in criminal cases from providing testimony on whether the defendant had a specific mental state that is an element of the crime. Delilah Diaz, charged ...
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SCOTUS Limits the NLRB's Power to Obtain Preliminary Injunctions

By Tala Dahbour posted 07-08-2024
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Summary On June 13, 2024, the U.S. Supreme Court unanimously ruled that the four-factor test in Winter v Natural Res Def Council, Inc , 555 US 7 (2008), governs the issuance of preliminary injunctions under section 10(j) of the National Labor Relations Act (NLRA), 29 USC 160(j) . Starbucks Corp v McKinney , No 23-367, ___ US ___ (June 13, 2024). This opinion, with Justice Ketanji Brown Jackson concurring in part and dissenting in part, imposes a more stringent standard on 10(j) preliminary injunctions, eliminating deference to the National Labor Relations Board (NLRB) in such decisions. Facts The case arose when a Tennessee Starbucks terminated ...
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Q&A with Judge Bridget Mary Hathaway, 3rd Circuit Court (Wayne County)

By Rebekah Page-Gourley posted 07-01-2024
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Hon. Bridget Mary Hathaway was elected to the bench on November 6, 2018. She is assigned to the Wayne County Circuit Court’s criminal division. Before her election to the bench, Judge Hathaway worked in private practice at Flood Law and Bodman PLC. For attorneys who have never been to your court, what is your check-in process? For an attorney appearing in person, the attorney should first check in with my deputy who sits at the entrance to my courtroom. If I am on the record at the time, the attorney should wait until the matter concludes before they approach the clerk to check in with her and speak to her about any issues, if any. For an attorney ...
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Revocation of Paternity Act Renamed to Revocation of Parentage Act

By Lindsey A. DiCesare posted 06-13-2024
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2024 PA 29 renamed the Revocation of Paternity Act to the Revocation of Parentage Act. MCL 722.1431 . 2024 PA 29 also made amendments to language changing “father” to “parent” and “paternity” to “parentage” in MCL 722.1433 , .1435 , .1437 , .1439 , .1441 , and .1445 . MCL 722.1433 will also add a definition for donor, as defined in MCL 722.1703 of the Assisted Reproduction and Surrogacy Parentage Act, MCL 722.1701 et seq. In addition to updated language, amended MCL 722.1443 requires the court to consider the length of time a presumed parent was on notice that an individual might not be the child’s ...
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Michigan Passes Bill to Legalize Paid Surrogacy

By Lindsey A. DiCesare posted 06-06-2024
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On April 1, 2024, the Michigan Family Protection Act passed in Michigan legalizing paid surrogacy. 2024 PA 24 . Michigan previously had a criminal ban on compensated surrogacy. The ban on paid surrogacy is now lifted and standards will be put into place to protect biological parents, the surrogate, and the child. Standards include the following: A surrogate must be at least 21 years old, have undergone a medical evaluation and a mental health consultation, and have previously given birth to at least one child. An intended parent (or parents) must be at least 21 years old and have a mental health consultation. The surrogate and the intended parent ...
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Q&A with Judge Donna Howard, 2nd Circuit Court (Berrien County)

By Tala Dahbour posted 06-03-2024
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Judge Donna Howard was elected as a district judge to the Berrien County Trial Court on November 4, 2014, and began her term on January 1, 2015. She has served in both the criminal and civil divisions and was appointed by Governor Rick Snyder on July 26, 2018, to the 2nd Circuit Court in Berrien County, where she currently oversees the civil division, problem-solving courts, and the business court. Judge Howard holds a B.A. in Economics from the University of Michigan and a J.D. from Wayne State University Law School. Before her judicial career, she practiced law for 17 years and served as Berrien County Corporate Counsel from 2010-2014. Judge Howard also volunteers ...
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Q&A with Judge Avery D. Rose, Kent County Probate Court

By Nicole S. McNair posted 05-06-2024
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Judge Avery D. Rose took the bench on January 1, 2023. Prior to taking the bench, Judge Rose was appointed to serve as the probate register for Kent County in 2019, where he oversaw the administration of the Probate Court and the Kent County Guardianship Program. Prior to that, in 2015, Judge Rose was named as the probate register at the Allegan County Probate Court, where he also served as an attorney/referee. During his tenure in Allegan County, Judge Rose also served as the President of the Allegan County Bar Association, participated in the Allegan County Community Corrections Advisory Board, served as board member for the Allegan County Legal Assistance ...
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Q&A with Judge Julie Gatti, 16th Circuit Court (Macomb County)

By Rachael M. Sedlacek posted 04-02-2024
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Judge Julie Gatti graduated from Michigan State University with a Bachelor of Arts degree in 1989. She received her Juris Doctorate from Wayne State University in 1995. Judge Gatti was elected to the Circuit Court bench in November 2018. Prior to her election, Judge Gatti was in private practice, specializing in Family Law. She served 9 years on the Board of the Macomb County Bar Association (MCBA) and was elected its 85th President. She was the proud recipient of the MCBA’s Civility Award for 2017-2018. Judge Gatti serves on the Board of Directors of The Resolution Center. Additionally, she is a member of the Women Lawyers Association of Michigan ...
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Q&A with Judge Karl A. Barr, 14A-2 District Court (Washtenaw County)

By Lisa F. Geherin posted 03-06-2024
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Judge Karl Barr was elected to the bench in November 2022, and he began his term on January 1, 2023. He currently presides at the 14A-2 District Court in Ypsilanti, Michigan. After law school at Michigan State College of Law, Judge Barr worked in the tax department of Plante Moran and then joined Barr, Anhut and Associates, PC, in Ypsilanti. His practice areas included municipal law, real estate, trust and estates, criminal prosecution, and civil litigation. What types of cases are on your docket? My docket is a mix of civil and criminal. I handle all matters typically heard in a district court including landlord-tenant, general ...
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EPIC Omnibus Legislation Enacted with Sweeping EPIC Amendments

By Tala Dahbour posted 03-06-2024
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The EPIC Omnibus bill was signed into law on February 21, 2024, and takes immediate effect. 2024 PA 1 . The new law, put forward by the Probate and Estate Planning Section of the State Bar of Michigan, streamlines Michigan probate and estate law based on surveys of appellate cases and practitioners to identify areas of clarification and adopts certain standards from the Uniform Probate Code. Notable changes include: Statutory Thresholds. To alleviate the often-burdensome cost of judicial intervention in the transfer of assets, the amendments increase the statutory dollar number threshold dictating certain actions, such as the threshold for demanding ...
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MSC Adopts New Rules for ERPOs Effective February 13, 2024

By Katy P. Sanchez posted 02-13-2024
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On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24 , which adopts amendments to MCR 3.701 and the addition of MCR 3.715 , .716 , .717 , .718 , .719 , .720 , .721 , and .722 , effective February 13, 2024. These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023. See more on those changes here . Subchapter 3.700 will be titled “Personal Protection and Extreme Risk Protection Proceedings,” and actions for extreme risk protection are included in the scope of the statute. ...
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MSC Adopts New Rules for ERPOs Effective February 13, 2024

By Katy P. Sanchez posted 02-12-2024
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On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24 , which adopts amendments to MCR 3.701 and the addition of MCR 3.715 , .716 , .717 , .718 , .719 , .720 , .721 , and .722 , effective February 13, 2024. These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023. See more on those changes here . Subchapter 3.700 will be titled “Personal Protection and Extreme Risk Protection Proceedings,” and actions for extreme risk protection are included in the scope of the statute. ...
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Criminal Law Legislative Wrap-Up: New Protections and Expanded Rights

By Matthew J. Franson posted 01-15-2024
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The Michigan Legislature passed numerous bills related to criminal law before adjourning for the year. The following laws, signed by the governor, include enhanced penalties for domestic violence offenders and for assaulting medical personnel, expanded rights for crime victims, codification of reproductive rights, classification of certain activities as hate crimes, additional protections for vulnerable adults, and new laws protecting election officials. The legislature also passed a package of bills geared toward the juvenile justice system. Expansion of List of Crimes that Bar Gun Ownership Domestic Violence The legislature passed a package of bills ...
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Q & A with Judge Curtis J. Bell, 9th Circuit Court (Kalamazoo County)

By Katy P. Sanchez posted 01-02-2024
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Curtis J. Bell is the chief judge of the Kalamazoo County Probate Court and 9th Circuit Court in Michigan. He was appointed to the court by former Governor Jennifer Granholm on February 8, 2005, and assumed office on February 25, 2008. He has served as chief judge of the court since 2014. For attorneys who have never been to your court, what is your check-in process? It depends on whether the hearing is in person or virtual. If it is an in-person hearing, an attorney should go directly into the courtroom where they can either come to the judicial aide’s desk or the judicial aide will inquire of those present prior to the hearing. Should the hearing be ...
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Q&A with Judge Amanda J. Shelton, 6th Judicial Circuit Court (Oakland County)

By Max H. Matthies posted 12-05-2023
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Hon. Amanda J. Shelton was elected to the 6th Judicial Circuit Court in November 2022 and was assigned to the family division. Prior to being elected, Judge Shelton practiced law for 18 years (2004-2022). Judge Shelton is a member of several professional organizations. For attorneys who have never been to your court, what is your check-in process? For matters on Zoom, attorneys need to identify themselves by name and case number. Attorneys need to make sure their clients properly identify themselves as well. We get many folks showing up as “iPad,” “Samsung”, etc. For motion call, the court schedules motions in 15-minute blocks, so ...
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