Marie Walker, PLLC

01/22/2022

https://www.detroitnews.com/story/news/local/michigan/2022/01/20/court-monitors-issue-devastating-review-michigan-child-welfare-system/6591225001/

A judge said the latest review of Michigan's child welfare system shows "how little the state has accomplished" and may have "slipped backwards."

08/02/2021

MSC rules SORA illegal!

PEOPLE v BETTS
Docket No. 148981. Argued October 7, 2020 (Calendar No. 1). Decided July 27, 2021.

08/01/2021

Yes! Electronic Service of Process by Court Rule! And some other rule changes, too!

On July 26, 2021, the Michigan Supreme Court issued ADM File No 2020-08, which amends several court rules to allow video hearings and electronic filing. These amendments retain several existing provisions of the administrative orders adopted by the court during the COVID-19 pandemic.

The amendments are effective immediately, but comments on the rule changes may be sent to the supreme court clerk in writing or electronically by November 1, 2021.

The amendments are summarized below:

MCR 2.107, Service and Filing of Pleadings and Other Documents: All service of process, except case initiation, must be performed through electronic means to the greatest extent possible.
MCR 2.305, Discovery Subpoena to a Non-Party: A subpoena may require a party or witness to appear for a deposition by telephone or video.
MCR 2.407, Videoconferencing: Trial courts are required to use remote participation technology to the greatest extent possible. Courts must verify that participants are able to proceed remotely and must provide reasonable notice to parties, other participants, and the general public.
MCR 2.506, Subpoena: Order to Attend: A subpoena may require a party or witness to testify in a court proceeding through telephone or video.
MCR 2.621, Proceedings Supplementary to Judgment: A subpoena to enjoin the transfer of assets under MCL 600.6119 may require a party or witness to appear through telephone or video.
MCR 3.904, Use of Videoconferencing Technology: Courts may use two-way videoconferencing technology or other remote participation tools when the court orders a more restrictive placement or more restrictive treatment in delinquency, designated, and personal protection violation proceedings.
MCR 6.006, Video and Audio Proceedings: Trial courts are required to use remote participation technology to the greatest extent possible for a wide variety of criminal proceedings, including arraignments, probable-cause conferences, pleas, and preliminary examinations.
MCR 6.106, Pretrial Release: Trial courts are urged to take into careful consideration local public health factors in making pretrial release decisions.
MCR 9.112, Requests for Investigation: A subpoena for an attorney discipline investigation may require a party or witness to appear through telephone or video.
MCR 9.115, Hearing Panel Procedure: A subpoena for an attorney discipline hearing panel may require a party or witness to appear through telephone or video.
MCR 9.221, Evidence: A subpoena for judicial tenure commission proceedings may require a party or witness to appear through telephone or video.
The administrative order also amended MCR 2.002, 6.425, and 8.110.

09/17/2020

https://www.9and10news.com/2020/09/16/grand-traverse-county-court-hearing-centers-on-breath-alcohol-testing-device/

A breath alcohol testing device called into question earlier this year, was at the center of a hearing Wednesday in Grand Traverse County. The DataMaster DMT is used at sheriff’s offices across the state to administer breath tests, but State Police ordered a review of their accuracy in January. Th...

09/14/2020

Wow! The stress is getting to all of us.

The Michigan Department of Corrections says it has prisoners back under control after a takeover of part of the Chippewa Correctional Facility. After working to “establish a dialog” with the prisoners, staff and the emergency response team “moved swiftly” into the unit and returned the priso...

04/21/2020

All three of today's Supreme Court decisions featured unusual alignments among the justices.

03/14/2020

The Michigan Supreme Court and the State Court Administrative ​​​​Office (SCAO) are developing a COVID-19 response plan to assist the state’s judiciary. We have several key obligations: to protect the health of litigants, judicial branch employees, and the public using court facilities; to...

03/11/2020

https://wwjnewsradio.radio.com/articles/news/michigan-supreme-court-recommends-july-trials-suspended?utm_campaign=https://wwjnewsradio.radio.com/&utm_content=1583955933&utm_medium=social&utm_source=facebook&utm_term=WWJ-AM&fbclid=IwAR0pTHGQf947sKI3EYVtXrRkGt7cjj51xHvlqUdKNb-cckxrtbIQO-ITHRQ

"We are also committed to making sure that our justice system continues to operate," Chief Justice Bridget Mary McCormack said.

03/08/2020

https://www.9and10news.com/2020/03/06/traverse-city-courthouse-getting-brand-new-x-ray-machine/

The Traverse City courthouse is getting an upgrade. The goal is to make sure the building is as safe as possible. Right now the courthouse only has a metal detector. They plan to add a new x-ray machine to the corridor — thanks in part to a wrap grant. This machine will check people and their bags...

01/09/2020

Wow!

Cellphones will be allowed in Michigan courthouses and courtrooms by May 1, Michigan Supreme Court justices announced Wednesday.

10/07/2019

Updates from Wayne County Probate Court: http://www.wcpc.us/AttyTrain/AttyTrain.htmlhttp://www.wcpc.us/AttyTrain/AttyTrain.html

The attorney training program will not contain handouts. Registrants may retrieve materials via the Court's website. Attorneys are welcome to bring their laptops to the program; you will be able to pull up the handouts during the training sessions from the Court's website, in addition to following t...

09/29/2019

Alright! New Case Captions Coming for Marriage Dissolution, thanks to the State Bar Association's Representative Assembly:

“Plaintiff” and “Defendant” in Family Law cases will soon be called “Petitioner” and “Respondent” and divorce/sep maintenance/annulment case captions will soon be entitled: “Regarding the Marriage of [Petitioner’s Name] and [Respondent’s Name or Joint Petitioner’s Name].”

It's about time!