Hon. Lisa Sullivan sits as a judge for both the Clinton County Probate Court and the Clinton County Family Court. She is a past president of the Michigan Probate Judges Association and currently chairs its legislation committee. She has served as chair of the Family Law Section of the State Bar of Michigan and as president of the Women Lawyers Association of Michigan. Over the years, Judge Sullivan has been a frequent presenter at ICLE seminars on family law issues and a contributing author and editor of its publications.
For attorneys who have never been to your court, what is your check-in process?
Check in at the Probate Court window next to the courtroom or with the court officer inside the courtroom.
When is your motion call? Are there a maximum number of motions heard during motion call?
There is no motion call. All hearings are scheduled for specific times, and the docket is usually true to the schedule.
Should proposed orders be submitted to the clerk before argument? Do you expect orders to be drafted in court, and, if so, are there computers for drafting them?
It is helpful to have proposed orders ahead of time or brought to the hearing. There is not an expectation that orders be drafted in court; further there are no computers available to do so.
How should stipulated orders be submitted?
They should be submitted through the County Clerk’s Office or the Probate Office, depending upon the type of case involved.
Who makes up your judicial staff and what roles do they play?
Probate Register—oversees all Probate Office functions and supports processing and scheduling of cases, supervises Probate Court staff, handles Family Division cases (except Juvenile) assigned to the Probate Court.
Deputy Probate Registers—process and schedule probate cases and child protective proceedings.
Juvenile Register—processes and schedules all juvenile cases, formal and informal.
Juvenile Office Administrator and Supervisor—oversees all juvenile cases and programming activities. Supervises probation officers, youth home staff, and Juvenile Register. Serves as a referee for consent hearings.
Juvenile Service Officers—work with youth on formal probation and in diversion programs, support and conduct programming for youth and family members.
What types of pretrial conferences do you hold and what happens at them?
Pretrial conferences are held for all contested proceedings. They are usually held in open court to make sure that the parties are involved and aware of discussions. Procedural and evidentiary issues are addressed to assist with a smooth and efficient trial process.
What types of matters/motions are held via Zoom and which are held in person?
All contested matters are held in person. However, the testimony of experts is permitted by Zoom to help keep down the costs for the parties. Zoom is reserved for scheduling conferences, pro confesso hearings, nonevidentiary motion hearings, and noncontested probate proceedings.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
Addressing an opponent’s arguments or legal authority to distinguish or undermine its persuasiveness.
The application and comparison of facts from legal authority cited to the facts in the case at bar.
What procedural issues/disputes should be worked out between the parties before involving you?
Stipulations as to facts and exhibits, accommodations to witnesses schedules, qualification of experts, jury instructions.
What are some common mistakes lawyers make in your courtroom, either while appearing in person or remotely?
Not being timely. If an attorney is running late, a call to the court is the simplest courtesy to extend to everyone else ready to start the hearing.
Not being prepared to start on time. Conversations with clients and witnesses should be done ahead of time so that full use can be made of the allotted time for the hearing.
Not being prepared. It is frustrating when attorneys do not know the relevant facts or controlling law involved in the case at bar.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
MCR 2.119(B)—I have noticed recently that when an affidavit is required, some attorneys file a document that has been verified but does not comport with the requirements of the court rule. In some instances, this misinterpretation has resulted in dismissals of complaints.
What is an example of a time a lawyer impressed you?
It is impressive to watch an attorney put an adverse client at ease and conduct an examination to support his/her client’s position without the witness knowing what has happened until after the fact. The best attorneys are usually the ones that do not need to raise their voices to get their points across.
What is something interesting you do off the bench?
I love cooking. I enjoy trying new recipes and trying to make a meal from a bag of surprise ingredients that my husband puts together for me.
Is there anything else you would like Michigan lawyers to know?
Do not make misrepresentations to the court. Once your credibility is questioned, it is hard to rehabilitate your reputation.
Be kind to court staff. They are the gatekeepers and the messengers, and they work very hard. They deserve to be treated with respect.