|April 5-11, 2010||
Volume 8 Issue 15
FOCUS: State of the Judiciary Address: On Wednesday, April 14, 2010, at 2:00 p.m., Chief Justice Marilyn Kelly will address a joint session of the Michigan Legislature for the State of the Judiciary address. Attendance is by invitation only, but Michigan Government Television will broadcast live. To view the broadcast, visit www.mgtv.org.
FOCUS: Indigent Defense Case to go before the Michigan Supreme Court: Duncan v. State of Michigan, a class action suit filed on behalf of all indigent criminal defendants in three Michigan counties, goes before the Michigan Supreme Court this Wednesday on appeal from the State of the June 2009 Court of Appeals ruling. The case argues the current public defender system is inadequate and poorly funded, thus denying the defendants their 6th Amendment rights.
On June 11, 2009, the Court of Appeals ruled in favor of the plaintiff affirming that: a) Defendants are not shielded by governmental immunity; b) Defendants are proper parties; c) The trial court (not Court of Claims) has jurisdiction; and, d) The trial court has jurisdiction and authority to order declaratory relief, prohibitory injunctive relief and some level of mandatory injunctive relief. The Court also ruled that the trial court properly granted the motion for class certification, noting: "We further hold that, on the basis of the pleadings and at this juncture in the lawsuit, plaintiffs have sufficiently alleged facts that, if true, establish standing, establish that the case is ripe for adjudication, and state claims upon which declaratory and injunctive relief can be awarded."
In the Capitol
4/14 House Judiciary
4/15 House Appropriations: Corrections
In the Hall of Justice
The Michigan Supreme Court will hold a public administrative conference on Wednesday, April 21, 2010.
At the Bar
Oppose: HB 5949 Family law; marriage and divorce; statutory requirements for divorce or separate maintenance; provide exceptions for covenant marriage. Amends 1846 RS 84 (MCL 552.1–552.45) by adding sec. 5.
Oppose: SB 1201 Family law; paternity; failure of mother to contest paternity claim by putative father; provide for entry of order of filiation. Amends sec. 4 of 1956 PA 205 (MCL 722.714) & adds sec. 7c.
Oppose: SB 1202 Family law; child custody; award at custody based on best interests of the child; provide an exception if mother does not contest request by father in certain paternity actions. Amends sec. 5 of 1970 PA 91 (MCL 722.25).
Oppose: SB 1203 Family law; child custody; payment of child support by person claiming to be the father in adoption dispute; allow establishment of friend of the court case. Amends 1982 PA 294 (MCL 552.501–552.535) by adding sec. 5b.
Michigan Supreme Court to Hear Public Defender Case