Tagged: legal

INKSTER, Mich. (AP) - The Michigan Judicial Tenure Commission says a Detroit-area judge should lose her job and repay $81,000 for putting public money to personal and other improper uses.

The commission announced its recommendation Tuesday after hearings on the conduct of Inkster District Judge Sylvia James.

Investigators say James misspent at least $100,000, either for her personal use or for community projects unrelated to the court.

The commission has sent its findings to the Michigan Supreme Court, which holds oral arguments on the case July 25 in Lansing.

James has denied any wrongdoing, and her lawyer Sharon McPhail says James is a "hardworking judge."

Debtor's Prison

When you step into a Michigan courtroom, crime is supposed to be crime, regardless of social class. But whether you go home or go to jail  sometimes depends on whether you have money.

Let’s say you’re one of the many thousands of people in Michigan who’s unemployed. Or, you’re working in a job that doesn’t cover your bills. Like your rent or mortgage. Or, like child support.

And if you don’t have the money to pay those bills,  you might end up in court. Selesa Likine did. Her husband divorced her. He got custody of the kids.  She lost her home. Likine, who had worked as a realtor, was ordered to pay $1,100 a month in child support. She couldn’t pay it  and the court was not allowed to hear why. So she spent 43 days in the Oakland County Jail.

“The jury in the case never heard that during the period when she wasn’t paying the child support, she was institutionalized with schizo-affective disorder, was declared totally disabled by the Social Security Administration, lost her realtors’ license, was unable to work, and was subsisting on disability income,” says David Moran, co-director of the Michigan Innocence Clinic.

Moran took over Likine’s Case. In October, Moran and the American Civil Liberties Union asked the Michigan Supreme Court for a new trial. They say what happened to Likine is no different than a debtor’s prison – sort of like Dickensian days, when poor people who owed money were thrown into jail.

Likine, who’s in her 40s, lives with her mother now. She takes medicine for her mental illness and says she's stable. But she’s not optimistic about her future. She doesn’t think anyone will want to hire her because she’s a felon.

Michigan’s top judicial official said the state has too many judges, and some of their positions should be eliminated. Michigan Supreme Court Chief Justice Robert Young has presented a plan to do that to the state House Judiciary Committee.

Chief Justice Young said a Supreme Court study found there are courts with workloads that no longer justify the number of judges they have. The report recommends eliminating 45 positions over several years.

“Some judges don’t agree with the proposed cuts. But, most have accepted the reality that courts are too expensive and have too many judges. It may not be something all members of the judiciary relish, but I think most of us recognize it’s necessary," said Young.

 Young said Michigan taxpayers are paying more than they should be. He said he wants to make cuts in ways that won’t compromise the integrity of the judicial system and assurances that people are getting fair trials.

State Representative John Walsh (R-Livonia) chairs the House Judiciary Committee. He said the Legislature appears ready to act on the recommendations, even though eliminating local elected positions can be politically difficult.

 "I would say in general this is an unprecedented accomplishment to have this degree of support. We have all seven justices of the Supreme Court who have unanimously endorsed this, all of the judicial associations and the state bar," said Walsh.

Walsh said the committee expects to hold four more hearings on the topic. He expects a vote by the committee around Thanksgiving.

- Chelsea Hagger - Michigan Public Radio Network

The Michigan Supreme Court has ruled that a woman who was raped by a jail guard while she was being detained is not entitled to file a civil rights and sexual harassment lawsuit against the county. The court said the local government is not responsible for the behavior of a public worker who acted outside the scope of his employment. The court's Republican majority split with Democratic justices, who say the decision undermines previous rulings that protect victims of discrimination.

Two retirees from Fowlerville, Michigan, Nancy Kinder and Ray Harrison, have filed several lawsuits challenging banks on ATM fee notifications.

The Electronic Fund Transfer Act says the amount the bank will charge for use of the ATM machine "shall be posted in a prominent and conspicuous location on or at the automated teller machine at which the electronic fund transfer is initiated by the consumer."

Tresa Baldas reports in the Detroit Free Press that the retirees have been taking advantage of this part of the law:

Kinder and Harrison have been "combing the state by car, looking for ATMs that don't have the notification sign, records show. When they spot one, they make a withdrawal, take a picture of the ATM, and then it's off to court."

They've sued 36 banks in two years and they recently filed five lawsuits in one day.

Governor Rick Snyder has signed a law that protects doctors from lawsuits if they express sympathy for the death of a patient.

Snyder says health care providers are often prohibited from saying “I’m sorry” when a medical procedure fails because it can be considered an admission of guilt in court.

Snyder said the new law will allow doctors to be more supportive, "and the opportunity for health care professionals to have a dialogue with families that have had some traumatic experiences," said Snyder. "So it’s great to have an opportunity to have that be done in a safe and thoughtful fashion so people can have good communication and good dialogue."

Snyder says studies show that when a doctor is allowed to say “I’m sorry,” people who are grieving are better able to heal.

Michigan’s law barring protesters from funerals might be vulnerable after today’s ruling by the U.S. Supreme Court.

The nation’s highest court ruled in favor of an anti-gay group that pickets at military funerals.

Michigan, like dozens of other states, passed a law in 2006 to prevent the protests from disrupting funerals here.

At the time, the states were trying to prevent a fundamentalist Christian Church from Kansas from picketing military funerals.

The pickets were not opposing the wars in Iraq or Afghanistan, but against gay rights.

The ACLU challenged Michigan’s law after a couple attending a family friend’s funeral was arrested for having anti-George W. Bush signs on their car.

Dan Korobkin, with the ACLU, says the new court ruling may be enough to tip the balance in their challenge to Michigan’s law:

“Laws that are created to stifle unpopular speech, which is what the law in Michigan was created to do, always end up backfiring and punishing innocent people.”

Korobkin says they hope to hear soon from the federal judge considering their challenge to the state law, "the federal judge who is overseeing that case has already indicated that it is probably unconstitutional, but he hasn’t taken the final step of striking it down," said Korobkin.

A federal judge in Mississippi tossed out a lawsuit aimed at challenging the health care reform law. The dismissal comes the same week a federal judge in Florida ruled that the whole law was unconstitutional.

Politico.com reports:

Ten individuals without health insurance argued that the law’s requirement to buy insurance violated their rights. One of the plaintiffs is Mississippi Lt. Gov. Phil Bryant. Judge Keith Starrett said the individuals didn’t prove they have proper standing to challenge the law because they didn’t prove the mandate would apply to them. The suit was thrown out on procedural grounds.

It's not the first time lawsuits challenging the health care law have been tossed. Politico writes, "about two dozen lawsuits have been filed against the health care reform law since it was passed in March. Thirteen have now been thrown out over procedural matters such as a right to bring the suit."

Keeping score

NPR's Health blog went to their "go-to overhaul scorekeeper" Julie Rover for a tally on how challenges to the health care law have fared in court. The bloggers on "Shots" wrote:

The judicial scorecard on the law has pretty much followed party lines. Two judges who found the law constitutional were appointed by Democrats. Two who found the requirement for most people to have health insurance unconstitutional were appointed by Republicans.

The several dismissals issued for the health care court challenges, like the one today, have not followed any party ties.

The Michigan Supreme Court will decide whether it is appropriate to allow children to testify in criminal cases behind screens that shield them from seeing defendants.

The court agreed today to take the case.

The U.S. Constitution's Sixth Amendment gives criminal defendants the right to confront their accusers in court.

In the case going before the Michigan Supreme Court, an eight-year-old girl testified that her brother-in-law had repeatedly raped her over a period of years, and exposed her and her brother to pornography.

The jury did not believe the man’s defense that the girl made up the charges to break up his marriage.

The defendant says he was deprived of his right to confront the primary witness against him because she testified from behind a one-way screen.

The screen shielded her view of the defendant, although he could see her.

A therapist said that was the only way she could testify without risking serious emotional damage.

The defendant says the shield prejudiced the jury against him, and that the Constitution requires witnesses to look defendants in the eye when testifying against them.

The Michigan State Bar wants to change the way the state's courts work.

A task force of judges and lawyers are recommending changes they say will save the state money.

The Judicial Crossroads Task Force suggests:

• consolidating trial courts
• giving business cases higher priority
• and letting existing judges retire without replacing them

Michigan has 246 separate courts and 586 judges.