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Michigan Supreme Court Publishes Seven Criminal Law Opinions

By Matthew J. Franson posted 6 days ago
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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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Q&A with Judge Arianne Slay, 22nd Circuit Court (Washtenaw County)

By Lisa F. Geherin posted 10 days ago
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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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Q&A with Judge Robert S. Sykes, Jr., Ionia County Probate Court

By Rachael M. Sedlacek posted 08-07-2023
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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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Q&A with Judge Catherine L. Heise, Wayne County Circuit Court

By Max H. Matthies posted 07-10-2023
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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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Michigan’s New Distracted Driving Law: What You Need to Know

By Lindsey A. DiCesare posted 06-26-2023
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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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Q & A with Judge Jennifer J. Manley, 67th District Court

By Katy P. Sanchez posted 06-01-2023
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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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Q&A with Judge Qiana Lillard, Wayne County Circuit Court

By Rebekah Page-Gourley posted 05-16-2023
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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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Community Zoom Recap: Michigan Marketable Record Title Act (MRTA)

By Matthew J. Franson posted 05-10-2023
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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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Artificial Intelligence in the Legal Industry

By Matthew J. Franson posted 04-17-2023
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Artificial Intelligence (AI), by its very nature, is improving at a rapid pace. For example, Open AI’s latest iteration of its widely discussed AI tool, ChatGPT-4, passed all sections of the Uniform Bar Exam, whereas the previous version, ChatGPT-3.5, failed . There is little doubt that AI will be used throughout the legal industry, though the jury is out as to how ubiquitous it will become and how widely accepted it will be. What it has the potential to do is significant, including handling many of the daily tasks of legal professionals. Prompting ChatGPT with the question, “How can you be used in the legal industry?” produced the following, perhaps ...
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Q&A with Judge Sara Schimke, Macomb County Probate Court

By Lindsey A. DiCesare posted 04-03-2023
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Approaching the Bench Questions – Judge Sara Schimke Judge Sara Schimke was appointed to the Macomb County Probate Court Bench in April 2022. Prior to taking the bench, Judge Schimke was in private practice with Chalgian & Tripp, PLLC; Jaffe, Raitt, Heuer & Weiss, P.C.; and Barron, Rosenburg, Mayoras & Mayoras, P.C. Judge Schimke focused her practice on probate law, estate planning, and advocacy. Judge Schimke has also previously served as an adjunct professor at Thomas M. Cooley Law School. Judge Schimke is active in her community, including serving as a board member of the Michigan Parkinson’s Foundation, a past member of the ICLE ...
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U.S. Supreme Court Reinforces Overtime Pay for Daily-Rate Workers

By Tala Dahbour posted 03-20-2023
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Holding In Helix Energy Sols Grp, Inc v Hewitt , No 21-984, ___ US ___ (Feb 22, 2023), the respondent employee did not qualify as a bona fide executive subject to exemption from the Fair Labor Standards Act of 1938’s (FLSA) overtime pay guarantee. Daily-rate workers, regardless of income level, qualify as paid on a salary basis only if their compensation meets conditions set out in 29 CFR 541.604(b). Background Michael Hewitt filed an action against his employer, Helix Energy Solutions Group, claiming he was entitled to overtime pay as a covered employee under the FLSA. Despite Hewitt working well over 40 hours per week, Helix paid Hewitt ...
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Q&A with Joseph F. Burke, Chief Judge Pro Tempore, 15th Judicial District Court

By Matthew J. Franson posted 03-01-2023
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Joseph F. Burke has sat on the 15th Judicial District Court since February 15, 2012. He was appointed by the Michigan Supreme Court as Chief Judge effective January 1, 2016. He presides over general civil provider cases and drunk driving cases as well as the specialized Sobriety Court docket. Before becoming a judge, he worked in private practice and as an assistant prosecuting attorney for Washtenaw County. Judge Burke has served several local nonprofit organizations as a board member, including Neighborhood Senior Services, Humane Society of Huron Valley (past president), the Washtenaw Council on Alcoholism (past president), and Dawn Farm. He is the current ...
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Community Zoom Recap: Marijuana Update

By Rebekah Page-Gourley posted 02-01-2023
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On Wednesday, January 25, 2023, we held an ICLE Community Zoom discussion about recent developments in marijuana law. John Fraser , Michelle Donovan , Ben Sobczak , and Jerome Crawford joined us to share their insights. Here’s a quick recap of what we covered: Detroit updates. Detroit’s original adult-use ordinance included a legacy program providing Detroit residents priority. That ordinance was challenged on a Dormant Commerce Clause theory and ultimately found unconstitutional. In 2022, the city passed a new adult-use ordinance seeking to correct the issues. The city still wanted to include the social equity component, so they separated equity applicants ...
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Q & A with Judge Tina Yost Johnson, 37th Judicial Circuit Court Judge

By Lindsey A. DiCesare posted 02-01-2023
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Judge Tina Yost Johnson was elected to the 37 th Circuit Court in November 2016, where she presides over the Family Division. Judge Yost Johnson serves on the State Bar of Michigan’s Family Law Council Legislative and Court Rules Committees and the State Bar of Michigan’s American Indian Law Section Executive Committee. She is a member and past president of the Calhoun County Bar Association. Judge Yost Johnson is also a member of the Michigan Judges Association Family Law Committee, and she was the past-public relations chair of the Women Lawyer's Association. For attorneys who have never been to your court, what is your check-in process? I have an amazing ...
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Michigan Supreme Court DEI Commission Update

By Tala Dahbour posted 01-16-2023
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Judge Cynthia Stephens, Retired, served on the Michigan Court of Appeals for 14 years. Judge Stephens was the first African American woman to be appointed to the state Court of Claims bench and served as a judge for Michigan’s Third Circuit Court and the 36th District Court. Her many contributions include serving at the State Bar of Michigan as commissioner and chairing its Justice Initiatives Committee, Communications Committee and Children’s Task Force, and the Diversity and Inclusion Advisory Committee. Michigan Supreme Court Justice Elizabeth M. Welch currently serves as the Justice Liaison on data gathering and transparency in the civil, criminal, ...
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Updated: Changes to the No-Fault Model Civil Jury Instructions

By Matthew J. Franson posted 12-12-2022
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The Committee on Model Civil Jury Instructions has amended the no-fault Model Civil Jury Instructions, Chapters 35 and 36. The amendments reflect the many changes to Michigan’s no-fault laws passed in 2019. Notably, M Civ JI 36.06A was added to the instructions, reflecting the changes to MCL 500.3135(3)(d) providing that a nonresident plaintiff must establish a “threshold” injury to recover economic and noneconomic losses in a tort action. Also among the amendments is a new version of M Civ JI 36.01A defining serious impairment of body function, after the legislature codified McCormick v Carrier , 487 Mich 180 , 795 NW2d 517 ...
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Q&A with Judge Celeste Bell, Judge of the 7th Circuit Court

By Jeff Burtka posted 12-01-2022
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Hon. Celeste Bell was appointed to the 7th Circuit Court bench to fill a vacancy in 2018 and was elected to a full term that November. She currently serves on the court’s Civil-Criminal Division. Before becoming a judge, she worked as a staff attorney with the United States Court of Appeals for the Ninth Circuit, deputy city attorney for the city of San Francisco, assistant corporation counsel for Genesee County, and chief assistant prosecuting attorney in the civil division of Genesee County’s prosecuting attorney's office. When is your motion call? Are there a maximum number of motions heard during motion call? Monday is motion day for my court. Attorneys ...
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Community Zoom Recap: Navigating Issues in Unemployment Insurance

By Tala Dahbour posted 11-14-2022
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On Tuesday, October 25, ICLE hosted a Community Zoom on navigating issues in unemployment insurance, featuring contributors Tony Paris, lead attorney at the Sugar Law Center for Economic & Social Justice, and Jennifer Charnizon, statewide staff attorney at Legal Services of South Central Michigan. With a wealth of knowledge and experience, Tony and Jennifer provided insight on current issues with Michigan unemployment insurance including the current backlog of cases, overpayment, fraud, recent developments in the law, and valuable practice pointers. Below are a few highlights from our discussion: Wage garnishment —Currently, there should not be any Pandemic ...
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Veterans Day 2022

By Max H. Matthies posted 11-04-2022
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In November 1919, President Wilson proclaimed November 11 as the first commemoration of “ the eleventh hour of the eleventh day of the eleventh month ” that ended the “war to end all wars,” calling it Armistice Day. President Eisenhower changed the name to Veterans Day in 1954, and after celebrating the day on the fourth Monday in October (to give folks a three day weekend), Michigan's own President Ford returned Veterans Day to its original, historically significant date of November 11. According to U.S. Census Bureau data, there are about 19 million veterans age 18 and older in the United States, with about 13 million age 50 and older. Recent legislation ...
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Q&A with Judge B. Chris Christenson, Judge of the 7th Circuit Court

By Matthew J. Franson posted 11-01-2022
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Honorable B. Chris Christenson III joined the 7th Circuit as a Family Division judge in January 2021. Previously, he practiced in the areas of criminal defense, business and contract litigation, real estate and construction law, general civil litigation, and probate administration. Active in the State Bar of Michigan (SBM), Judge Christenson served on its board of commissioners from 2007 to 2010 and was recently reelected for a term expiring in 2023. He is also a member of the Centennial American Inn of Court and the Friends of Berston Field House's board of commissioners. Judge Christenson is a past president of the Genesee County Bar Association, a former chair ...
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