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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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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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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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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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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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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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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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On November 7, 2023, Governor Whitmer signed the Uniform Power of Attorney Act (UPOAA) into law. 2023 PA 187 . The UPOAA repeals the durable power of attorney provisions in the Estates and Protected Individuals Code (EPIC), MCL 700.5501–.5505 . It goes into effect on July 1, 2024. The UPOAA is a model statute developed by the Uniform Law Commission in 2006. Michigan joins 30 states and the District of Columbia in adopting this statute (or a substantially similar statute), which provides consistency in application of powers of attorney as people change states and allows Michigan to benefit from the jurisprudence of other states. The UPOAA applies to ...
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Hon. David J. Allen was appointed to the Wayne County Circuit Court by Governor Jennifer Granholm in December 2003. He practiced law for ten years prior to taking the bench. He currently serves on the civil docket and as a business court judge. What types of matters/motions are held via Zoom and which are held in person? Trials are in person. I hold everything else via Zoom, unless the parties request otherwise. What is your check-in process? For both motion call and everyday status and settlement conferences, I let everyone into the Zoom room, and my law clerk directs counsel to use Zoom’s chat function to check in. I don’t use ...
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The Michigan Supreme Court adopted amendments to the Michigan Rules of Evidence (MREs) effective January 1, 2024. According to the Staff Comment to the amending order, the amendments are designed to “restyl[e] the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence.” ADM File No 2021-10 . There are also a few notable amendments to the Federal Rules of Evidence (FREs) effective December 1, 2023, that these MRE amendments do not parallel. MRE Amendments Effective January 1, 2024 While the MRE amendments are primarily stylistic, there are several linguistic changes that may be of interest ...
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A few weeks ago, I was lucky enough to attend the 8 th Annual Cannabis Law Conference, presented by the Cannabis Law Section of the State Bar of Michigan in cooperation with ICLE. It was at the Grand Hotel on Mackinac Island and featured wonderful networking opportunities and truly rewarding substantive presentations. I didn’t make it to every session, but if you’re following this dynamic area of practice, you might be interested in hearing a little bit about what I learned. Federal policy updates. Hilary Bricken discussed the potential for the Drug Enforcement Administration to review a rescheduling recommendation that would move cannabis from a schedule ...
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Judge Kinsella was appointed to the circuit court on April 27, 2022, by Governor Gretchen Whitmer. Prior to her appointment to the Oakland County bench, Judge Kinsella spent nearly 20 years at Miller & Tischler, PC, in Farmington Hills in litigation practice and served as the firm’s vice president and a member of the firm’s Management Committee. For attorneys who have never been to your court, what is your check-in process? For all in-person matters, an attorney need only enter the courtroom where one of my two clerks will greet them and check them in for their matter. For Zoom matters, attorneys need only sign in to the Zoom courtroom, and ...
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The Michigan Supreme Court released seven criminal law opinions in July. These cases discuss issues pertaining to voir dire, the reversal of a plea as a result of inaccurate information, the standard for reversing a parole board’s decision to grant parole, the ineffective assistance of counsel for failing to request the lesser-included offense, the forfeiture doctrine, identification of a defendant at trial, appealing within-guidelines sentences, and voluntariness of a witness statement. People v Yarbrough Facts In People v Yarbrough , No 161513 , ___ Mich ___, ___ NW2d ___ (July 14, 2023), during voir dire, the trial judge informed counsel that ...
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Judge Slay began serving the Washtenaw County community in 2005 as a program manager at Community Corrections and later as an assistant Washtenaw County prosecuting attorney. From 2017 to 2022, Judge Slay served as a deputy city attorney in the city of Ann Arbor, focusing on municipal matters, ordinance prosecution, and criminal justice reform. She took the bench on December 7, 2022. She currently presides over the personal protection order docket as well as family law and criminal law cases. For attorneys who have never been to your court, what is your check-in process? There is no formal check-in process. Attorneys check in with the ...
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Judge Robert S. Sykes, Jr. is a life-long resident of Ionia County. He is a graduate of Purdue University and Valparaiso University School of Law. Upon graduating from law school, he worked in private practice, primarily with the law firm of McNamara, O’Keeffe and Sykes until being elected the Ionia County Probate Judge in 2004. He is a member of the Ionia County Council for the Prevention of Child Abuse and Neglect. He is the 2010 recipient of the Robert E. Weiss Judicial Leadership Award and the 2016 recipient of the Michigan Foster Care Review Board Jurist of the Year. For attorneys who have never been to your court, what ...
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Hon. Catherine L. Heise has been a judge for the Third Circuit Court in Wayne County since her appointment on April 10, 2014. An experienced trial lawyer, Judge Heise served as a case evaluator with the Mediation Tribunal Association and was a member of the council of the Insurance and Indemnity Law Section of the State Bar of Michigan. She earned the designation of Chartered Property and Casualty Underwriter in 2013 and has authored several published articles on insurance-related issues. Judge Heise served as a councilwoman in the city of Dearborn Heights from 2003-2006. She also served on the Board of Osteopathic Medicine and Surgery from 2012-2014 and chaired ...
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This blog was authored by Madelaine Lane from Warner Norcross + Judd LLP in Grand Rapids. Starting June 30, 2023, Michigan drivers will be banned from holding and, in many cases, using a mobile device while operating a motor vehicle. Drivers who violate the prohibition will face fines and mandatory community service hours. Michigan’s newest distracted driving law expands on the 2010 no texting while driving law and significantly increases prohibited activities while a driver is operating a motor vehicle. What activities are banned? Beginning on June 30, 2023, Michigan drivers are prohibited from using, or even holding, a mobile electronic device—like ...
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Judge Jennifer J. Manley was elected to serve on the 67th District Court in November 2014. Prior to taking the bench, Judge Manley was in private practice with the Manley Firm, PC, now Manley & Manley, where her primary practice area was criminal defense. Judge Manley spent the bulk of her career with the Genesee County Prosecutor's Office. The majority of her time was spent as a circuit court trial attorney. There she prosecuted hundreds of felony cases, including trying and winning some of Michigan's most notorious murder cases. For attorneys who have never been to your court, what is your check-in process? When you arrive in person for court, ...
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Hon. Qiana Denise Lillard was appointed to the Wayne County Circuit Court on August 7, 2013. She won her retention election in November 2014, and she was reelected for a full six-year term in 2018. Judge Lillard began her tenure in the family/juvenile division and then served in the criminal division for six years. She is currently assigned to the civil division. For attorneys who have never been to your court, what is your check-in process? If you’re appearing in person, check in with the deputy or court clerk upon arrival. On Zoom, I ask that you rename yourself to only identify your first and last name and then names of the primary parties ...
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On Thursday, May 4, 2023, we held an ICLE Community Zoom discussion about recent developments concerning the MRTA. Lavinia Biasell , David Martyn , and Kayleigh Long shared their expertise and insights into this topic. Here is a quick recap of what was discussed: · History and Purpose of the MRTA . The panelists discussed the history and purpose of the MRTA noting that, as of 2023, 17 states have implemented some form of the MRTA, which aims to simplify the process of determining property interests. In Michigan, the MRTA establishes a 40-year-search window. The act intends to eliminate the need to search back to the original covenant ...
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