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On May 21, 2020, Governor Whitmer issued a new “Stay Home, Stay Safe” order, Mich Exec Order No 2020-96 , which takes effect immediately (unless otherwise specified in the order), and remains in effect until June 12, 2020. (The duration of the order was extended by Mich Exec Order No 2020-100 , issued on May 22, 2020.) Mich Exec Order No 2020-96 rescinds the previous “Stay Home, Stay Safe” order, Mich Exec Order No 2020-92. The new order generally continues the measures set forth in the previous order (outlined here ), but includes several notable changes. Among other things, the new order: Permits gatherings of 10 or fewer people as long as participants ...
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Mich Exec Order No 2020-95 rescinds and replaces Mich   Exec Order No 2020-84 , and establishes procedures in long-term care facilities to protect the health and safety of both employees and residents. The order is in effect through June 17, 2020. Here are the highlights: Protections for Employees of Long-Term Care Facilities COVID-19 Affected Employees.   Employees (or regional hubs also) who test positive for or display symptoms of COVID-19 should remain home and cannot be discharged, disciplined, or retaliated against for doing so. Protective Equipment.   Appropriate personal protective equipment (PPE) and hand sanitizer will be provided ...
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Friend of the Court offices and circuit courts around the state have been inundated with questions surrounding custody and parenting time during the COVID-19 outbreak. Following Governor Gretchen Whitmer’s initial order requiring residents to shelter in place (the current order is Mich Exec Order No 2020-91 ), the State Court Administrative Office put together frequently asked questions  (FAQs) addressing parenting time and child support issues during COVID-19. The FAQs were recently revised to add additional questions and answers.   Some common parenting time questions addressed in the  FAQs  include the following: What are some parenting time alternatives ...
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On May 21, 2020, Governor Whitmer issued a new “Stay Home, Stay Safe” order, Mich Exec Order No 2020-96 , which takes effect immediately (unless otherwise specified in the order), and remains in effect until June 12, 2020. (The duration of the order was extended by Mich Exec Order No 2020-100 , issued on May 22, 2020.) Mich Exec Order No 2020-96 rescinds the previous “Stay Home, Stay Safe” order, Mich Exec Order No 2020-92. The new order generally continues the measures set forth in the previous order (outlined here ), but includes several notable changes. Among other things, the new order: Permits gatherings of 10 or fewer people as long as participants ...
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​ D.J. Hilson has been the Muskegon County Prosecutor since 2013 and served as an assistant prosecutor for 13 years. He recently addressed how his office has been impacted by the COVID-19 pandemic. How is the COVID-19 crisis affecting new cases coming into your office? What about existing cases? Does this change how things are charged? The only change we have seen is perhaps the volume of cases. We receive and process warrant requests every day, including the weekends. This includes for people who have been lodged in the jail and for investigations that have been completed but without an arrest. The number of people being lodged has certainly decreased, ...
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On May 18, 2020, Governor Whitmer issued a new “Stay Home, Stay Safe” order, Mich Exec Order No 2020-92 , which takes effect immediately (unless otherwise specified in the order), and remains in effect until May 28, 2020. The order rescinds the previous “Stay Home, Stay Safe” order, Mich Exec Order No 2020-77, and moves many of the safety measures for businesses outlined in that order to new Mich Exec Order No 2020-91 (discussed below). The new order generally continues the measures set forth in Mich Exec Order No 2020-77 (including the directives to individual citizens in most areas to stay home except to run critical errands, perform safe outdoor activities, ...
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Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 15 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. July 2020 Bar Exam AO 2020-15 , dated May 18, 2020, details changes to the July 2020 bar exam format. The exam will now be one day (July 28) and will consist of only the essay portion. There is no MBE component. Although the exam will be administered online, the order provides for an in-person testing possibility for people receiving ADA accommodations or for people who are unable to take the exam on a computer. Applicants also have the option of transferring to the next available ...
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On May 14, 2020, Governor Whitmer Issued Mich Exec Order No 2020-85 , which extended the moratorium on residential evictions through June 11, 2020 at 11:59 p.m. and rescinded Mich Exec Order No 2020-54 . Like the previous order, Mich Exec Order No 2020-85 bans residential evictions in Michigan except where a tenant poses a “substantial risk to another person or an imminent and severe risk to property.”  In summary, Mich Exec Order No 2020-85 provides that, until the expiration of the order, any demand for payment of rent “must not include a demand for possession or notice of forfeiture of executory contract, or other threat of eviction or forfeiture, based ...
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On Thursday, May 7, 2020, Governor Whitmer rescinded Mich Exec Order No 2020-57 and issued  Mich Exec Order No 2020-76 , effective for the duration of the declared state of emergency. The new order continues the temporary expansion of unemployment benefits during COVID-19 and includes all provisions outlined in the prior order. In addition, the new order temporarily suspends MCL 421.32(c) in order to allow the Unemployment Insurance Agency to review only an individual’s most recent job separation (the one causing their current unemployment) to determine the individual’s nonmonetary eligibility and qualification for unemployment benefits. Mich Exec Order No 2020-76 ...
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Amid the COVID-19 pandemic and subsequent executive orders from Governor Gretchen Whitmer, Michiganders are staying at home in record numbers. And while that limits the spread of illness, legal observers and advocates have also warned of an unintended consequence of the stay-at-home order: an increased safety risk to domestic violence victims. For those staying home with an abusive partner, or for domestic violence victims who can’t access courts or police departments during the pandemic, this is a dangerous time. While nearly all courts are open for emergency proceedings, access to the courts is limited during this time. This is especially true for pro per ...
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On May 7, 2020, Governor Whitmer issued a new “Stay Home, Stay Safe” order, Mich Exec Order No 2020-77 , which takes effect immediately (unless otherwise specified in the order), and remains in effect until May 28, 2020. The order rescinds the previous “Stay Home, Stay Safe” order, Mich Exec Order No 2020-59. The new order generally continues the measures set forth in Mich Exec Order No 2020-59 (including the directives to individual citizens to stay home except to run critical errands, perform safe outdoor activities, or go to certain jobs) but adds several new provisions. Among other things, the new order does the following: Describes new exceptions to ...
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​ Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 14 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. Continued Status Quo and Phased Return AO 2020-14 , dated May 6, 2020, advises trial courts to consider expanding in-person operations. Each court’s approach must have “ diligent regard for health and safety practices as determined in consultation with local health officials.” The approach must also be approved by SCAO, which has set guidelines for a phased return to normal operations. Under the guidelines, courts must (among other things): Expand remote hearings and court ...
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​ Note that on May 5, 2020, Mich Exec Order No 2020-41 was rescinded and replaced with Mich Exec Order No 2020-74 . The new order contains all of the provisions of the original order and extends them to June 30, 2020, with some small changes. In the new order, the requirement that witnessed documents must be exchanged within 24 hours has been extended to 72 hours (¶6(g) and (h)). In addition a new paragraph 11 has been added suspending strict compliance with the Michigan Law on Notarial Acts. Executive Order 2020-41 ,  the original order, allows electronic signatures and remote witnessing, notarization, and visitation during the COVID-19 pandemic. Here ...
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On April 26, 2020, Governor Gretchen Whitmer signed an executive order extending the suspension of scope of practice laws for Michigan hospitals and health care providers.  See Mich Exec Order No 2020-61 . Governor Whitmer first ordered temporary relief from certain restrictions and requirements governing the provision of medical services on March 29, 2020.  See   Mich Exec Order No 2020-30 . The original order temporarily suspended restrictions relating to the scope of practice, supervision, and delegation of health care professionals. Notably, the following practices are permitted during the COVID-19 emergency: Physician assistants may provide medical ...
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Several property owners have contacted me recently to discuss the impact of the COVID-19 pandemic on property values, and the possibility of appealing the assessed value on their properties.  The impact of COVID-19 on property values has been immediate, drastic, and indisputable. However, the impact of COVID-19 and those changed property values on Michigan property tax appeals is a bit more nuanced. 2020 Michigan Property Tax Appeals Tax Day The primary issue underlying any tax appeal is a challenge to the assessment assigned to your property by the local municipality.  The  assessed value purports to be 50%  of the  true cash, or market value of the ...
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The U.S. Equal Employment Opportunity Commission (EEOC) has updated its Technical Assistance Guidance to clarify that employers may administer or require COVID-19 testing as a gateway mechanism before allowing employees to return to the workplace without violating the Americans with Disabilities Act. Screening workers for health risks is one way for businesses to meet their legal responsibility to provide employees with a safe workplace and to potentially isolate employees who carry the virus but are asymptomatic from infecting others. However, as cautioned by the EEOC, testing only confirms whether the virus is currently present. Employees may still acquire ...
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On April 17, 2020, in an ongoing response to the COVID-19 pandemic, Governor Whitmer issued Mich Exec Order No 2020-54 , extending the statewide ban on residential evictions in Michigan except where a tenant poses a “substantial risk to another person or an imminent and severe risk to property.” Mich Exec Order No 2020-54 rescinds Mich Exec Order No. 2020-19 and will expire on Friday, May 15, 2020 at 11:59 p.m. In summary, Mich Exec Order No 2020-54, is identical to Mich Exec Order No 2020-19, except for section three, that provides until the expiration of the order, any demand for payment of rent “ must not include a demand for possession, or other threat ...
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Jack W. Schulz of Schulz Gotham, PLC, in Detroit focuses his practice on employment litigation, representing labor unions, and representing truck drivers. He offers his input on some current litigation arising out of COVID-19, as well as his predictions as to issues that will be litigated going forward. I know you’re involved in current litigation involving an employee’s alleged wrongful termination for attempting to comply with the governor’s “Stay Home, Stay Safe” orders—can you talk a little bit about the issues at play in that case? Generally, Michigan is an "at-will" employment state, meaning that an employee can be terminated for any reason or ...
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On April 24, 2020, Governor Whitmer issued a new "Stay Home, Stay Safe" order, Executive Order 2020-59 , which takes effect tonight and remains in effect until May 15, 2020. The order rescinds the previous “Stay Home, Stay Safe” order,  Executive Order 2020-42 . The new order generally continues the measures set forth in Executive Order 2020-42 and amends their scope. Among other things, the new order does the following: Continues to limit gatherings and travel and prohibit in-person work that is not necessary to sustain or protect life and conduct minimum basic operations Requires continuation of social distancing measures when outside the home Adds ...
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Stephen Milks is an attorney with the Ingham County Public Defender's Office and prior to that ran his own solo practice for several years. A few weeks ago he talked to Max and me about how the ICPD has made adjustments to handle the pandemic and had some advice for other criminal defense practitioners.  Transcript John: Hello, this is John Swift. Max: And this is Max Matthies. John: We're two of the staff attorneys at ICLE. We're talking to other Michigan attorneys about how the COVID-19 pandemic is impacting them and their clients. Max: We thought it might be helpful to share how our colleagues and their firms are responding to the COVID ...
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