Laches | May 2024

MAY 2024

2023-2024 BOARD OF DIRECTORS

Melinda N. Deel

PRESIDENT-ELECT

Dean M. Googasian

VICE PRESIDENT

Sarah E. Kuchon

TREASURER

Aaron V. Burrell

SECRETARY

Kari L. Melkonian

EXECUTIVE DIRECTOR

Jennifer Quick

LACHES EDITORIAL BOARD

Victoria B. King

Syeda F. Davidson

Coryelle E. Christie

Lanita Carter

DIRECTORS

Victoria B. King

Syeda F. Davidson

Julie L. Kosovec

Emily E. Long

Jennifer L. Lord

Moheeb H. Murray

Kimberley Ann Ward

Kenneth F. Neuman

Layne A. Sakwa

Jonathan B. Frank

ABA DELEGATE

James W. Low

Thamara E. Sordo-Vieira

Carmen E. Moyer

Fahd Haque

MFun with the OCBA!

By Melinda N. Deel

ay is my birthday month, so I wanted to do something fun and give you all a gift for participating in all the OCBA has to offer! During the past year, I have highlighted many of the benefits offered to our wonderful members. We truly appreciate you and hope that you find real value in your membership. To that end, please take a moment to think about the programs, events, and volunteer opportunities you’ve participated in between July 1, 2022, and June 30, 2024, and play the bingo card below. If you have a winning bingo (across, down, or diagonal is good), please bring your card to the OCBA offices no later than August 31, 2024, for a prize (while supplies last)! Have fun, and good luck!

Melinda N. Deel is the president of the Oakland County Bar Association.

Thank You, Your Honors

By Jennifer Quick

Ilike to think that we put on some exceptional programs and events at the OCBA, from our dynamic committees to our timely seminars to our festive Holiday Gala, just to name a few. I certainly cannot take full credit for any of them. e OCBA is fortunate enough to have a strong staff and remarkable, dedicated leaders at the helm in the way of our board of directors and committee leaders. So many of our programs are planned and spearheaded by member volunteers assisted by our staff. I am so appreciative of them all.

But there is one group of volunteers with whom I don’t believe I have ever appropriately shared our gratitude: the many judges on the district, circuit, probate, state, and federal courts who give so much of their time to the OCBA by attending events, presenting at seminars and committee meetings, participating in planning work groups, and more.

I am writing this article on March 1. In between now and the time this article comes out at the end of April, these judges will have contributed their time and expertise in the following ways at the OCBA:

• Volunteered to participate in and attend the volunteer training for the OCBA’s Elementary Mock Trial program.

• Were guest judges at the annual Affinity Bar Charity Challenge.

• Assisted in the planning of, presented at, or attended the District Court Bench/Bar Conference.

• Led and mentored teams in the OCBA’s Inn of Court chapter.

• Were guest speakers at OCBA committee meetings.

• Attended and presented at the New Lawyers Committee’s annual Meet the Judges event.

• Participated in one of our Luncheon Limine events, this one focused on the family court.

• Wrapped up several months of planning on the full-day New Lawyer Boot Camp that will be presented on May 3.

at’s just two months’ worth of events and programs. Now multiply that by six to get an idea of how much they do for the OCBA and its members in a year.

And that is just how they assist the OCBA. Within the legal field, they also volunteer for the many other affinity bars in our area, for State Bar of Michigan sections, and for countless task forces and committees on which they have been asked to serve to help improve the legal system and provide better access to justice. And let’s not forget the many community organizations outside of the legal profession to which they give their time.

Despite conducting virtual hearings for six to eight hours in a day, they are still willing to log in to yet another Zoom meeting for a group that has asked them to speak. During a typical workweek, it is not unusual for a judge to also attend one or two or more evening events, and then go home to read case files.

ey sacrifice time with their families and friends and taking care of themselves to serve

their communities. eir actions and decisions are scrutinized by the public. One may argue that in running for judge, it is what they signed up for. Personally, in the age of social media, I feel the boundary of what public officials have “signed up for” has expanded a bit too far. However you may feel about that issue, our judges deserve our utmost gratitude and reverence.

Join me in sharing appreciation and respect for our judges. Show up when they speak at or attend OCBA events. Dress and conduct yourself professionally whether in their courtroom or on Zoom. Teach your clients to do the same. Turn your cameras on when the judges are speaking at virtual OCBA and other events. Let them see that you are listening and value what they have to say. Extend your appreciation and respect to their court staff. And most importantly, take time to simply say, “ ank you, Your Honor.”

Jennifer Quick is the executive director of the Oakland County Bar Association.

CALENDAR OF EVENTS

Please Note: Dates listed below were sent to the publisher on March 1, 2024. It is possible that some of the events listed below have since been altered. Please check ocba.org/events for the most up-to-date schedule of events.

MAY

NEW LAWYER BOOT CAMP

Join the Oakland County Bar Association and Oakland County Circuit and Probate courts for an extensive full-day boot camp covering everything a new attorney practicing in Oakland County needs to know to get a jump start on their practice. Breakfast and lunch will be provided. The boot camp is open to law students and attorneys who have been practicing for five years or less. To learn more or to register, visit ocba.org/events

3

OAKLAND COUNTY BAR FOUNDATION’S 25TH ANNUAL SIGNATURE EVENT

9

MAY

The highlight of the season for many association and foundation members, the 25th annual Signature Event will return to Orchard Lake Country Club. The excellent food, the lakeside location, and the company of colleagues will produce a great networking event that, in turn, will benefit so many recipients. Proceeds will allow the Oakland County Bar Foundation to fund programs of many worthy organizations. Only a limited number of tickets are available, so hurry and get yours today. Sponsorships showing your support of the OCBF are still available. Those interested may contact Katie Tillinger at ktillinger@ocba.org or (248) 334-3400. To learn more, visit se2024.supportocbf.org

BAR NIGHT OUT MEMBERSHIP MIXER

Join us from 5:30 to 7:30 p.m. for another great opportunity to mix and mingle with fellow bar members while enjoying appetizers and a cash bar. This event is free for OCBA members and space is limited, so register today at ocba.org/events

27

23

JUNE

90TH ANNUAL MEETING & AWARDS CEREMONY

Join the OCBA as we salute outstanding leaders in the law and celebrate another amazing year. Spend time with judges, OCBA leadership, and other OCBA members at this annual celebration.

During the event, we will recognize the 2024 OCBA award recipients, members celebrating 40 years of legal practice in Michigan, and those who have been members of the OCBA for 50 years. Plus, outgoing OCBA President Melinda N. Deel will pass the gavel to incoming President Dean M. Googasian, who will then be sworn in as the bar’s 92nd president. The ceremony will be followed by a strolling reception on the beautiful terrace of The Community House in Birmingham. Tickets are now on sale at ocba.org/annual-meeting

19

5

Expand Your Knowledge with These Great Seminars!

MAY

3 New Lawyer Boot Camp (8 a.m. – 5 p.m.)

A special training for new lawyers and law students

Presenters: Hon. Jeffery S. Matis, Hon. Michael Warren, Hon. Victoria A. Valentine, Hon. Kameshia D. Gant, Hon. Martha D. Anderson, and Hon. Nanci J. Grant, Oakland County Circuit Court; Hon. Linda S. Hallmark, Oakland County Probate Court; and more

Location: Oakland County Circuit Court — Jury Assembly Room

Join the Oakland County Bar Association and Oakland County Circuit and Probate courts for an extensive fullday boot camp covering everything a new attorney practicing in Oakland County needs to know to get a jump start on their practice.

7 Difficulties Filing Chapter 11 for a Marijuana Business and Restructuring Alternatives (5:30 – 7 p.m.) Rescheduled Date

A presentation by the OCBA Debtor/Creditor Committee

Presenters: Joseph K. Grekin, Esq.; Brandi M. Blasses, Esq.; and John J. Stockdale, Esq.; Schafer & Weiner, PLLC This in-person seminar will feature legal experts and focus on the current state of the law related to filing a bankruptcy for a marijuana business, difficulties a debtor will face in filing such a bankruptcy as a result, and some alternatives to a bankruptcy filing that might provide more effective avenues for obtaining results.

14 Case Evaluation and ADR — What Every Litigator Needs to Know (5:30 – 7 p.m.)

A seminar by the DCCE, CCCE, and ADR committees

Presenters: Thomas L. Vitu, Esq., Advocate Mediation, LLC; Steven D. Brock, Esq., Clark Hill PLC; Hon. Cynthia M. Arvant, 46th District Court; Hon. Jeffery Matis, Chief Judge, Sixth Judicial Circuit Court; and Robert M. Raitt, Esq., Raitt Law, PLLC

Moderator: Karen Geibel, Esq., The Cincinnati Insurance Cos.

This Zoom seminar will explore best practices for litigators who are appearing at case evaluation and/or alternative dispute resolution. The seminar will address what case evaluators are looking for in written and oral presentations. Judges’ perspectives on case evaluation and ADR will be shared as well.

21 Community Corrections (11:30 a.m. – 1 p.m.)

A seminar for criminal defense appointed counsel

Presenter: Eric Schmidt, MPA, Oakland County Government

This Zoom seminar will provide an overview of community corrections. We will also discuss pretrial services and bail issues. The mission of Oakland County Community Corrections is to reduce recidivism by providing a continuum of services that adhere to evidence-based principles. The mission of the Pretrial Services unit is to uphold pretrial justice through legal and evidence-based practices. Join us for an in-depth conversation on the opportunities they provide. A Q&A will follow the presentation.

Worth 1.5 hours of criminal and juvenile training credit for appointed counsel

JUNE

6 Brown Bag: Preliminary Hearings/Inquiries (11:30 a.m. – 1 p.m.)

A seminar for juvenile appointed counsel

Presenter: Referee Lisa R. Harris, Oakland County Government

This Zoom seminar will cover preliminary hearing expectations, how to make inquiries, delinquency, and child protection. A Q&A will follow the presentation.

Worth 1.5 hours of criminal and juvenile training credit for appointed counsel

JUNE

11 2024 Employment Law Year in Review (9 – 11:30 a.m.)

A seminar by the Employment Law Committee Presenters: Daniel A. Klemptner, Esq., Chief of Labor and Employee Relations, Oakland County Government; John Marsh, Esq., Bailey Cavalieri LLC; more speakers TBA Moderator: Lindsey R. Johnson, Esq., Schenk & Bruetsch PLC This Zoom seminar will touch on major developments in the field over the past bar year. This year, the seminar will consider major National Labor Relations Board and legal updates, employee handbooks, and changes to the law regarding noncompete agreements.

18 Update on the State of Criminal Law 2024 (11:30 a.m. – 1 p.m.)

A seminar for criminal defense appointed counsel Presenter: Alona Sharon, Esq., Alona Sharon, P.C. This Zoom seminar will provide an overview of the most recent published Michigan Court of Appeals cases with a focus on sentencing decisions. Join us for an in-depth discussion of hot topics, emerging issues, and practice pointers in criminal law. Worth 1.5 hours of criminal and juvenile training credit for appointed counsel

Kobliska

Recent Changes to Michigan’s Election Law

By Anonymous1

Edited by Victoria B. King, Laches Editorial Board Chair

With the general election about six months away, national attention will focus on Michigan as one of a handful of swing states for the 2024 presidency. The crucial statewide elections will be largely determined by voters in Oakland, Wayne, and Macomb counties. This article will take a view from 10,000 feet regarding the newly passed election laws.

It seems that every election cycle, politicians, talking-head pundits, and party regulars say this is the most important election of our lifetime. They will be saying the same this year. There are many factors that will play into the outcome of these elections. From the economy to social justice to war and peace to social values, there are many issues on the voter ballot for 2024. The candidates at the top of the ticket and their personalities will also play a large role. However, with such polarization in our country, there are fewer independents who are persuadable. Ultimately, voter turnout — getting one’s supporters to the polls and hoping the opposing side does not get its supporters to the polls — is the most important factor in determining the outcome of this election.

Recent legislation and amendments establish certain crimes related to election law. MCL 168.931b(1) provides that it is a crime for an individual to intimidate “an election official because of the election official’s status as an election official, with the specific intent of interfering with the performance of that election official’s election-related duties.” Additionally, MCL 168.931b(2) provides that it is a crime to prevent “an election official from performing the election official’s duties in conducting an election.” If a person is found guilty of such a crime, the person is guilty of a misdemeanor that is punishable by an imprisonment of 93 days or a fine of $500.00 or both for a first offense. Subsequent convictions can increase the penalties for violating MCL 168.931b from misdemeanors to felonies. MCL 168.932f provides that it is a crime for a person to distribute, or enter into an agreement with another person to distribute, materially deceptive media if certain criteria are met. Whether MCL 168.932f violates First Amendment protections is an article for another day. MCL 168.720j(14) expressly prohibits generating or reporting early voting reports until after 8 p.m. on Election Day, and an individual who violates this is guilty of a felony. Pursuant to MCL 168.932(d), it is also a felony to disclose the content of a particular ballot.

Two Michigan public acts2 have been passed recently that collectively make it easier to vote with an absentee ballot, to vote early, to vote from overseas, and to establish one’s identity. The supporters of the new election laws argue that these changes had to be made to prevent the de facto disenfranchisement of individuals who would not have the level of required proof to establish their identity. The opponents of the new election laws disagree and argue that voter fraud is minimal and has in no way influenced our elections at the level

that would warrant such legislation.

The two public acts discussed herein have the same or similar preambles. Each presents a series of lofty goals describing what the public acts are designed to achieve. The devil, of course, is in the details. At this point, we are beginning to see how the various units of government — state, county, and local — will enforce the statutes.

Voter identification has been, and will continue to be, a controversial issue. To support strict voter identification requirements, some individuals and groups cite concerns related to fraudulent voting, which they believe can be averted through rigorous identification standards. Among the several possible forms of identification listed are a driver’s license, an enhanced driver’s license, or an official state identification card. Court challenges are inevitable when changes are made in election laws, particularly related to absentee voting and voter identification. In Michigan, the probity and accuracy of elections have gained the trust of most residents and, one hopes, will continue to do so.

There are three main ways a registered Michigan voter can vote: on the traditional day of an election, with an absentee ballot for any or no reason, or early in person at a specially designated early voting location. With these various options,

it is important for the voter to be educated and to know all the details. A voter can go to the secretary of state website or the local city or township clerk to get these details. The major parties have local county parties that maintain websites and may provide phone helplines to get their supporters to the polls. Also, there are various interest groups, what our Founding Fathers referred to as “factions,” that will be more than happy to help get their supporters to exercise their right to vote. Please refer to the list of websites at the conclusion of this article.

Early voting follows basically the same process as the official Election Day; however, not all early voting sites will be the same as the Election Day sites. A registered voter can look online or call the city or township clerk to find the locations. For up-to-date information, the Oakland County website serves as a centralized location to find where to participate in early in-person voting for your city or township.3

Changes to absentee voting in Michigan mean that all registered voters can vote from their own home for any or no reason. A registered voter can automatically receive an absentee ballot on an ongoing basis. An absentee ballot can be requested online up until closing of business hours on the Friday before an election.

However, waiting until such a late date could be risky — voters may not be able to get their ballot in on time. So, if you would like to vote with an absentee ballot, you should make this request a couple of weeks prior to the election or just go directly to your local clerk’s office.

After a registered voter completes an absentee ballot, there is a privacy or secrecy sleeve. e registered voter should sign the ballot and mail it to the clerk’s office, drop it off at the clerk’s office, or bring it to an early voting location. In a hybrid method, the registered voter can bring the filled-out absentee ballot to their voting site the day of the election and place it in the voting machine directly.

For those registered voters who still want to vote on Election Day, they may go to their traditional voting location. ese sites are online and can also be found at one’s clerk’s office. An unregistered voter should go to their local clerk’s office first and request to vote using an absentee ballot. Polling sites will be open from 7 a.m. until 8 p.m. e busiest times at the sites are the morning rush, usually around 7 to 9:30 a.m. ings usually slow down until the lunch hour, when it picks up again. Many people vote after work, so there is also a rush from 5 to 8 p.m. While it makes sense that voter turnout will be at an all-time high with so much at stake, the early voting and absentee balloting likely will disperse that volume so that the polling sites are not overwhelmed.

With so much at stake, expect the cam-

paign sites to be filled with people who support their candidates and focus on certain issues to attempt to influence the voters. Remember that they must be 100 feet away from a polling site. Also, a person should not wear campaign clothes or other campaign accessories when they enter the voting area.

In addition to the presidency, the balance of power in the U.S. House of Representatives and U.S. Senate is at stake. As mandated by the Constitution, all 435 U.S. House of Representative seats are up for election, as they are every other cycle. However, the reality is that a large share of the seats are “safe” seats. Individual districts tend to lean so heavily to one party or the other that the reality is that the seat will be determined by the August primary within the dominant party and not the general election in November. Huge advantages in fundraising, name recognition, and other resources make most of the races uncompetitive.

Michigan will again be heavily contested in the presidential race, as it is one of a handful of states that has voted for both Democrats and Republicans in the past 20 years. Our state will be closely watched. e Michigan House and Michigan Senate have contested seats in Oakland County. e Oakland County board of commissioners will have all 19 of its seats on the ballot. In addition to the open federal and state seats, the Oakland County elected positions of county executive, clerk/register of deeds, treasurer, county sheriff, and prosecutor will also be up

for new terms as well. e ballot will also include selections to elect or reelect jurists for Oakland County Circuit Court, Oakland County Probate Court, and some of the Oakland County district courts.4

In a country that has become increasingly polarized, the manner in which elections are administered, who gets to vote, and how votes are counted are all more important than ever. With that said, who is in power and who writes the laws that we are for or against is determined at the ballot box — and also likely in the courthouses, as lawsuits from one or both sides will likely be filed after the election is decided in November.

As lawyers, we have the privilege, and perhaps the burden, of taking an oath to support the U.S. and Michigan constitutions. While some, or perhaps many, in our country disparage the honesty of our profession, it is integral to settling these disputes peacefully at the ballot box or in the courthouse. When Shakespeare wrote the line “First thing we do, let’s kill all the lawyers,” he meant it as a compliment of sorts. As lawyers, we are on the front line of defending the core values of society, such as freedom of speech, freedom of the press, and freedom of religion, among other rights enshrined in the Bill of Rights. e right to vote has been settled in the courts. We should all take great pride in being the foot soldiers of the Constitution. As Ben Franklin said at the Constitutional Convention, “A republic, if you can keep it.”

List of Resources: oakgov.com/government/clerk-register-of-deeds/ elections-voting mvic.sos.state.mi.us fvap.gov/michigan 866ourvote.org/state/michigan vote411.org/michigan michiganvoting.org michiganlegalhelp.org/resources/voting-and-civil-rights/ how-vote-michigan

Footnotes:

1. The contributing author requested to be anonymous for personal reasons. The LACHES editorial board believed that the information contained in the article was informative, nonpolitical, and relevant for the upcoming election and permitted the author to be anonymous.

2. Public Act 2023, No. 81, effective February 13, 2024, and Public Act 2023, No. 259, effective February 13, 2024.

3. oakgov.com/government/clerk-register-of-deeds/ elections-voting/voter-information.

4. The League of Women Voters of Michigan is a great resource that allows Michigan residents to register to vote, verify voter registration, and find out what is on their ballot before they go to the polls: vote411.org/ lwvmi.

HEA LTH CA RE

S ER VING H EALTHCA RE PR OV ID ERS FOR OVE R 30 Y EARS

LA W FI RM

Wachler & Associates represents healthcare providers, suppliers, and other entities and individuals in Michigan and nationwide in all areas of health law including, but not limited to:

•Healthcare Corporate and Transactional Matters, including Contracts, Corporate For mation, Mergers, Sales/Acquisitions, and Joint Ventures

•Healthcare Corporate and Transactional Matters, including Contracts, Corporate For mation, Mergers, Sales/Acquisitions, and Joint Ventures

•Medicare, Medicaid, and Other Third-Party Payor Audits and Claim Denials

•Medicare, Medicaid, and Other Third-Party Payor Audits and Claim Denials

•Licensure, Staff Privilege, and Credentialing Matters

•Provider Contracts

•Licensure, Staff Privilege, and Credentialing Matters

•Billing and Reimbursement Issues

•Provider Contracts

•Billing and Reimbursement Issues

•Stark Law, Anti-Kickback Statute (AKS), and Fraud & Abuse Law Compliance

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•Stark Law, Anti-Kickback Statute (AKS), and Fraud & Abuse Law Compliance

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•Medicare and Medicaid Suspensions, Revocations, and Exclusions

•Medicare and Medicaid Suspensions, Revocations, and Exclusions

•HIPAA, HITECH, 42 CFR Part 2, and Other Privacy Law Compliance

•HIPAA, HITECH, 42 CFR Part 2, and Other Privacy Law Compliance

S ER VING H EALTHCA RE PR OV ID ERS FOR OVE R 30 Y EARS

S ER VING H EALTHCA RE PR OV ID ERS FOR OVE R 30 Y EARS

What’s an Extreme Risk Protection Order?

By Katelyn Schaffer and Jacob Simon

Every year, an average of 37,460 people die by guns in the United States; 1,382 of those deaths occur in Michigan, making Michigan the state with the 25th highest deaths due to firearms, according to Everytown for Gun Safety.1 In the aftermath of the tragic school shootings at Oxford High School in 2021 and Michigan State University in 2023, the Michigan Legislature had an increased desire to address gun violence. This desire is what fueled the creation of Michigan’s Extreme Risk Protection Orders (also known as “Red Flag Laws” and “ERPOs”).

On May 22, 2023, Gov. Gretchen Whitmer signed into law the Extreme Risk Protection Order Act.2 Michigan became the 20th state to enact Red Flag Laws.3 Gov. Whitmer stated that “no Michigander should fear going to school, work, the grocery store, or their own home because of gun violence.” Additionally, she stated that

“extreme risk protection orders have been proven to reduce suicides, save lives, and keep guns out of the hands of domestic abusers and violent criminals. I am proud to sign this legislation to keep Michiganders safe, and I want to thank my partners in the legislature for getting this done, the advocates who fought so hard to make this happen, and every Michigander who works hard to build safe communities where everyone can thrive. Only thoughts and prayers aren’t enough. Let’s keep taking commonsense action to reduce gun violence and keep families and communities safe.”

The goal of the Michigan Red Flag Laws is to protect against gun violence by providing a mechanism for law enforcement, medical professionals, family members, guardians, and romantic partners to file a petition with the court requesting that a judge sign an ex parte protection order permitting the temporary removal of an individual’s firearms if the court determines that the individual poses an imminent threat of harm to themselves or others.

ANALYSIS OF THE COURT RULE

Effective February 13, 2024, the Michigan Supreme Court adopted new rules for ERPOs, which are addressed in subchapter 3.700. Specifically, MCR 3.715 through MCR 3.722 detail the procedure for filing an Extreme Risk Protection Petition with the Family Division of the circuit court. Specifically, MCR 3.716(A) (2) indicates that the following individuals are permitted to file an Extreme Risk Protection Petition:

(a) the spouse of the respondent;

(b) a former spouse of the respondent;

(c) an individual who:

(i) has a child in common with the respondent,

(ii) has or has had a dating relationship with the respondent, or

(iii) resides or has resided in the same household with the respondent;

(d) a family member;

(e) a guardian of the respondent;

(f) a law enforcement officer; or

(g) a health care provider, if filing and maintaining the action does not violate requirements of the health insurance portability and accountability act of 1996, Public Law 104-191, or regulations promulgated under that act, 45 CRF parts 160 and 164, or physician patient confidentiality.

It is worth noting that this list of permitted petitioners fails to include friends, neighbors, and employers.

With regard to where to file an Extreme Risk Protection Petition, MCR 3.716(E) indicates that if the respondent is an adult, then “the petitioner may file an extreme risk protection action in any county in Michigan regardless of the parties’ residency or location.” However, if the respondent is a minor, then “the petitioner must file an extreme risk protection action in either the petitioner’s or respondent’s county of residence.” In their petition, petitioners must

“state with particularity the facts that show the issuance of an extreme risk protection order is necessary because the respondent (a) can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure themselves or another individual by possessing a firearm, and 4(b) has engaged in an act or acts or made significant threats that substantially support the expectation in subrule (3)(a).”

The court must issue a decision on the petition “within one business day of the filing,” and the court must grant the petition if the following is shown:

“An ex parte order must be granted if it clearly appears from the specific facts shown by a verified, written petition that (a) by a preponderance of the evidence after considering the factors identified in MCL 691.1807(1), the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure themselves or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that substantially support the expectation that the respondent will intentionally or unintentionally seriously physically injure themselves or another individual by possessing a firearm; and

(b) there is clear and convincing evidence that immediate and irreparable injury, loss, or damage will result from the delay required to

effectuate notice or that the notice will itself precipitate adverse action before an order can be issued.”

If the petition is granted, then an expiration date will be set for “one year after the date of the issuance.”

The rule does also provide for an Immediate Emergency Ex Parte Order to be sought by law enforcement making a verbal request over the phone. The court is required to immediately rule on these petitions. Again, the standard the court must consider in making its decision is whether “the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure the respondent or another individual by possessing a firearm.”

If the court denies the petition, then it “must state the reasons in writing and advise the petitioner of the right to request a hearing,” and “[i]f the petitioner does not request a hearing within 21 days of entry of the order, the order denying the petition is final.” However, notice is not required “if the court determines after interviewing the petitioner that the petitioner’s claims are sufficiently without merit that the action should be dismissed without a hearing.”

RESPONDENT’S OBLIGATIONS

If the ERPO petition is granted, pursuant to MCR 3.719(A)(1)-(5), a respondent is required to do the following:

(1) Filing Responsibilities: Complete the filing requirements within one business day after receiving a copy of the order.

(2) Purchase/Possession of Firearms: Respondent must refrain from purchasing or possessing a firearm. If the respondent has been issued a license, the respondent must not use it, or it must be surrendered to law enforcement.

(3) Concealed Carry Licenses: Respondent must not apply for a concealed pistol license. If the respondent has a concealed carry license, it will be suspended or revoked once the order is entered into the Law Enforcement Information Network (LEIN).

(4) Firearm Surrender: Respondent must surrender any firearms to law enforcement within 24 hours of receiving the order or within the court’s discretion.

(5) Firearm Description: If the petitioner has identified any firearms in the petition, the respondent must provide law enforcement with a specific description of the firearms to be surrendered or seized.

PPO vs. ERPO

Some have described an ERPO as a “PPO on steroids.” However, there are some significant distinctions. First, ERPOs are firearm restraining orders only, and they do not prevent a respondent from having contact with another individual, let alone interfere with access to a minor child or records. So, for practitioners considering whether to file for an ERPO or a PPO, it is possible that your client may wish to file for both petitions, but only when there is a heightened concern regarding purchase or possession of firearms. Here is a very brief overview to highlight the similarities and differences:

the Red Flag Laws require the court to prioritize these petitions and schedule them on an expedited basis within 14 days, it is foreseeable that the court may have to reschedule existing matters if multiple ERPOs are filed or if a hearing needs to be scheduled. Accordingly, practitioners are encouraged to be understanding if the court has to reschedule existing matters to accommodate these new strict ERPO time guidelines.

Second, if you are assisting a client with a petition for an ERPO, be mindful that you must use the SCAO-approved complaint form, which is CC452 when the respondent is an adult, and CC452M when the respondent is a minor child.4 Additionally, the burden of proof is by a

Domestic Relationship PPO ERPO

• Spouse;

• Former spouse;

• Other parent of child in common;

• Person the respondent lived with or used to live with; and

• Person in a dating relationship or former dating relationship with the respondent.

The judge will ultimately decide which restrictions to include on a case-bycase basis. Potential restrictions available include:

• Entering property;

• Assaulting, attacking, beating, molesting, or wounding;

• Removing a child in common;

• Stalking;

• Threatening to kill or physically injure;

• Interfering with place of employment or education;

• Gaining access to information in records that would reveal information such as phone number, address, or work address;

• Intentionally causing mental distress;

• Purchasing or possessing a firearm; and

• Other.

Within 14 days of service, an objection may be filed where the burden is on the petitioner to show why the PPO should remain in place. Otherwise, the respondent must file a motion to modify or terminate, and regardless, the PPO will expire after one year if not renewed.

PRACTICAL TIPS FOR PRACTITIONERS

First, be mindful that these requests are going to be heard solely by the family court judges, who already have a voluminous docket. Given that

All of the persons listed for domestic relationship PPOs, plus:

• Law enforcement;

• Guardians for the person whom the ERPO is sought to restrain; and

• Mental health professionals treating the person whom the ERPO is sought to restrain.

Purchasing or possessing a firearm.

is entitled to a hearing on a motion for modification or termination of an ERPO at any time within six months of the issuance of the ERPO (and again during every additional six-month period that the ERPO remains in effect), additional motions within a six-month period may be denied without a hearing.

PARTING THOUGHTS

It is anticipated that there will be some challenges to this legislation given the potential deprivation of liberty. However, as of the date of the submission of this article, there have been no challenges.

is is new territory for the bench and the bar, so patience will be key as we all learn to navigate this new legislation. e hope is that ultimately this process will lead to a safer community by reducing the number of gun-related deaths.

Katelyn Scha er is an Ottawa County referee. She is also the current chair of the OCBA Family Court Committee. Previously, Scha er worked as a sta attorney for Hon. Maureen H. Kinsella, who sits on the family bench in Oakland County.

Jacob Simon is a solo practitioner in Birmingham who focuses exclusively on family law. He also teaches family law at the Michigan State University College of Law, regularly contributes to the Institute of Continuing Legal Education, and currently serves as the vice chair of the OCBA Family Court Committee.

Respondent is entitled to a hearing on a motion to modify or terminate once every six months (additional motions to terminate or modify may be filed, but the court has the discretion to deny without hearing). Petitioner will always have the burden of proof, and the ERPO will terminate after one year if not renewed.

preponderance of the evidence standard.

ird, if you are representing a client who is a respondent in an ERPO matter, you may wish to file a motion to modify or terminate pursuant to MCR 3.720. Be aware that while a respondent

Footnotes:

1. Statistics are taken from maps.everytownresearch. org/wp-content/uploads/2020/04/Every-State-FactSheet-2.0-042720-Michigan.pdf.

2. This Act encapsulates Michigan Senate Bill 83 and Michigan House Bills 4146, 4147, and 4148.

3. In 1999, Connecticut became the first state to enact an Extreme Risk Protection Orders legislation, following a shooting at the Connecticut Lottery headquarters. Since then, these laws have grown in popularity, and at the time of the submission of this article, 21 states had enacted Extreme Risk Protection Orders.

4. Link to SCAO forms: courts.michigan.gov/SCAOforms/circuit-court-forms

New Legislation to Implement Comprehensive Reform of Juvenile Justice System

By Lanita Carter and Charles Farrar

In June 2021, Gov. Gretchen Whitmer established the Michigan Task Force on Juvenile Justice Reform, composed of community leaders, mental health professionals, and stakeholders from branches of state and local government. Within a year, it would issue some 32 recommendations for improving the juvenile justice system. The comprehensive vision was to make the system more tailored to the particular behavior and needs of juveniles and to optimize the possibility of their rehabilitation.

On December 12, 2023, bipartisan legislation was enacted to implement the key components of these recommendations and now legislation.

Creation of the O ce of Child Advocate (HB 4639, 4640, 4643; SB 435, 436)

e Office of Children’s Ombudsman is now the Office of the Child Advocate (OCA). Nothing has changed about the mission to continue to support children in Michigan’s child welfare system. OCA is responsible for investigating complaints regarding the Michigan Department of Health and Human Services (MDHHS) and its agents. In addition, OCA will also make “recommendations to the Governor, the Legislature, and MDHHS for changes in child welfare laws, rules, and policies to ultimately improve outcomes for children.”1 Lastly, in the second half of 2024, OCA will assist individuals with juvenile justice complaints.

Elimination of Fees Imposed on Families (HB 4636, 4637; SB 428, 429)

Similar to the adult criminal system, juvenile justice carried a high cost for families. Families were responsible for paying for a court-appointed attorney, the juvenile stay in a detention facility, and other court-ordered costs. If the families failed to pay these costs and fees, they would be assessed a penalty fee. According to a study conducted by the National Center for Youth Law, “juvenile court fines and fees are inconsistently and unfairly assessed against and collected from Michigan families.”2 e study also found that “juvenile court fines and fees have a lasting harmful impact on Michigan families, particularly low-income and Black families.”3

e new legislation eliminated the fees for Michigan’s families. It is unclear if this law will retroactively apply to families with juvenile

justice

debt and fees.

Use of Risk and Needs Assessment to Determine Diversion and Disposition Decisions (HB 4625, 4626, 4628, 4629)

Another component of the task force’s recommendations involves the creation of a risk and needs assessment. A significant change to the juvenile justice system is expanding eligibility for diversion so that all offenses, except for specific juvenile violations, are eligible for pre-court diversion. is will require the courts to use a risk and needs assessment before making a diversion and disposition decision. It is noted that “nearly half of all petitions filed in 2016 and 2019 were related to status and non-person misdemeanor offenses.”4 Michigan will now require the use of risk screening and mental health screening tools before a diversion decision is made for a minor.

ese tools can help in crafting the plan of support for these children, equipping them with the opportunity to change the trajectory of their young lives by getting the proper mental health care they need.

Prior to this legislation, “there [was] no requirement in Michigan for local courts to use risk and needs assessments for their decisionmaking decisions prior to disposition.”5 However, this legislation is moving in the right direction. It will help keep children out of detention or the juvenile justice system.

Establishment of a Statewide System of Indigent Appellate Counsel for Juveniles (SB 425)

Another piece of the reform addresses what the task force identified as an uneven and often substandard quality of indigent juvenile appellate representation throughout the state.

e Appellate Defender Act (MCL 780.711, et seq.) created the seven-member Appellate Defender Commission responsible for the development of a system of appellate criminal-defense services for indigent adults. ese responsibilities include establishing minimum standards and training for appellate counsel and maintaining a statewide roster of qualified appellate counsel.

e new legislation will amend the act, broadening these responsibilities to explicitly include indigent appellate counsel for juveniles And commission membership will be expanded to nine members, two of whom will be nonattorneys to represent “the interests of individuals who had been affected by the youth or adult justice system.”

Modi ed Screening Tools for Determining Whether to Try a Juvenile as an Adult (HB 3633)

Another goal of the task force was using improved screening tools in the decision to try a juvenile “in the same manner as an adult.” Under MCL 712A.2d, the Family Division of the circuit court may determine, after a hearing, that the best interests of the juvenile and the public would be served by trying the juvenile as an adult. Current law requires the court to consider each of six enumerated factors. e new law will modify these and add new ones. For instance, while the juvenile’s prior record of delinquency remains a factor, only that portion of their delinquent record constituting

a

“crime that would be a crime if committed by an adult” may be considered. (Whereas under current law, anything in their record could be considered, including, but not limited to, “any record of detention, any police record, any school record, or any other evidence indicating prior

delinquent behavior.”)

Also, when considering the adequacy of programming available in the juvenile justice system (which is one of the factors), the court must now consider programming available to rehabilitate and hold the juvenile accountable, as well as the juvenile’s “amenability to treatment.” Similarly, courts will have to consider other “dispositional options” available.

Finally, the law will have two completely new factors, namely “the juvenile’s developmental maturity, emotional health and mental health,” and the need to honor the traditional values of any American Indian tribe of which the juvenile may be a member.

It seems clear that the employment of these modifications and additions would lead to a determination to not try the juvenile as an adult. In any event, these changes stand as a challenge for the courts to investigate more deeply the particular circumstances of the individual juvenile.

Honoring its enactment, Lt. Gov. Garlin Gilchrist II noted that this legislative reform package “shows Michigan youth that we have their backs, that they matter, and that we believe in their futures.” Let us hope that this belief makes a real difference in the trajectory of individuals engaged in the juvenile justice system going forward.

Lanita L. Carter is an assistant prosecuting attorney at the Oakland County Prosecutor’s O ce in the Juvenile Justice and Family Support divisions. She is the co-chair of the 2023-24 OCBA Juvenile Law Committee.

Charles P. “Chip” Farrar practices family and child protection law at Charles P. Farrar PLLC and is also the co-chair of the 2023-24 OCBA Juvenile Law Committee.

Footnotes:

1. michigan.gov/oca.

2. youthlaw.org/sites/default/files/attachments/202202/2020.08.13-MI-Fines-Fees-1.pdf.

3. micounties.org/wp-content/uploads/MichiganTaskforce-on-Juvenile-Justice-Reform-Final-Report.pdf.

4. micounties.org/wp-content/uploads/MichiganTaskforce-on-Juvenile-Justice-Reform-Final-Report.pdf.

5. michigan.gov/whitmer/news/press-releases/2023/12/ 12/gilchrist-signs-bipartisan-bills-reforming-michigansjuvenile-justice-system.

As lawyers, we value the precision of language. Indeed, we regularly parse the meaning of phrases, words, and even punctuation marks. See bbc.com/worklife/ article/20180723-the-commas-that-costcompanies-millions, last accessed February 29, 2024, and money.com/punctuation-mistakescostly, last accessed February 29, 2024. While common usage frequently does not adhere to our legal precision, interchanging the disjunctive “or” for the conjunctive “and” can dramatically affect the interpretation of a document. See Auto-Owners Ins. Co. v. Stenberg Bros., Inc., 227 Mich App 45, 50-51; 575 NW2d 79 (1997). As you read this, I suspect that other examples of language or punctuation usage also come to mind.

e importance of precise language came to the fore following the amendments to MCL 168.558, 2021 PA 158, in late 2021. e amendments, intended as a housekeeping measure to address gaps created by 2018 PA 650, which allowed candidates to pay a filing fee in lieu of submitting nominating petitions, were as follows:

(2) An affidavit of identity must contain the candidate’s name and residential address; a statement that the candidate is a citizen of the United States; the title of the office sought including the jurisdiction, district, circuit, or ward; the candidate’s political party or a statement indicating no party a liation if the candidate is running without political party a liation; the term of o ce; the date of the election in which the candidate wishes to appear on the ballot; a statement that the candidate meets the constitutional and statutory qualifications for the office sought; other information that may be required to satisfy the officer as to the identity of the candidate; and the manner in which the candidate

Unintended Consequences

By Richard Lynch

wishes to have his or her name appear on the ballot. If a candidate is using a name that is not a name that he or she was given at birth, the candidate shall include on the affidavit of identity the candidate’s full former name. If the a davit of identity is for a candidate for precinct delegate, the candidate shall include his or her precinct number on the a davit of identity. If the a davit of identity is for a judicial candidate, the candidate shall include on the a davit of identity whether the o ce sought is an incumbent position, a nonincumbent position, or a new judgeship.

(legislature.mi.gov/documents/20212022/billengrossed/Senate/pdf/2021SEBH-0212.pdf, last accessed February 29, 2024, highlighting from original bill)

e amendments cover a wide range of obligations relative to candidates for elective office in Michigan and provide specific obligations for individuals running as candidates for precinct delegate or judicial offices. Critically, the amendments provide no guidance or limitation on the party affiliation obligation. is gap would soon provide a significant challenge to candidates for nonpartisan offices who either did not believe that this requirement applied to them or did not know the proper way to complete the affidavit of identity (AOI) and left the line blank.

e issue first arose when a voter challenged the eligibility of a candidate for mayor in Highland Park, a nonpartisan office, who did not complete the party affiliation section on the AOI. e voter sought a writ of mandamus removing the candidate from the ballot. Davis v. Highland Park City Clerk, unpublished per curiam opinion of the Court of Appeals, issued June 2, 2022 (Docket No. 361544), p *1.

e Court of Appeals reversed the trial court’s

denial of the writ and remanded the case with directions that Highland Park not include the candidate on the August primary ballot. Id. at p *3. Justice David Viviano, concurring in the denial of an application for leave to appeal the Court of Appeals decision, recognized the confusion the language created and the threat that it posed to the democratic process. Davis v. Highland Park City Clerk, __ Mich __; 979 NW2d 202, 202-203 (2022). He “strongly encourage[d] the Legislature to correct this problem before the next election cycle.” Id. at 203. Justice Elizabeth Welch dissented from the decision and questioned the application of Stumbo v. Roe, 332 Mich App 479; 957 NW2d 830 (2020), to this case, favoring the analysis in Moore v. Genesee County, 337 Mich App 723; 976 NW2d 921 (2021), on material and immaterial defects in AOIs that do or do not warrant disqualification of a candidate. Davis v. Highland Park City Clerk, 509 Mich 1029; 974 NW2d 550 (2022).

e success of this suit led to other filings where candidates for nonpartisan office did not complete the party declaration section of the AOI. Justice Welch touched upon the impact of the Court of Appeals ruling in the Highland Park City Clerk case in a subsequent dissent:

“In fact, the lack of clarity regarding how to properly fill out an AOI for nonpartisan candidates seems evident given the fact that at least six different judicial candidates seeking nonpartisan office also had their AOIs challenged or called into question on the basis that they improperly filled out the document.” (Davis v. Highland Park City Clerk, __ Mich __; 979 NW2d 202, 208 (2022) (J Welch dissenting))

Candidates seeking election to circuit, probate, and district judgeships in Michigan run in nonpartisan elections. Const 1963, art

VI, § 12; Const 1963, art VI, § 16; and MCL 168.467a. e fact that at least six highly educated individuals knowledgeable in the law were challenged regarding the party declaration requirement of MCL 168.558(2) suggests, as Justices Viviano and Welch pointed out, that the requirements of this subsection are unclear, especially since the circuit, probate, and district seats are nonpartisan seats as provided in either Michigan’s constitution or its laws. us, the challenges, while legally proper, raise the question of whether the Legislature intended to add this requirement for candidates for nonpartisan offices.

Prior to the 2022 general election, Rep. Andrew Fink (R-District 35) introduced House Bill 6426 into the House on September 28, 2022. e bill, if adopted, would have limited the party declaration to those candidates running for partisan office. See legislature. mi.gov/documents/2021-2022/billintroduced/ House/htm/2022-HIB-6426.htm, last accessed February 29, 2024. is bill died in committee.

Rep. Fink reintroduced the bill, House Bill 4076, in the next session on February 7, 2023, and it was again referred to the Committee on Elections. legislature.mi.gov/ documents/2023-2024/billintroduced/House/ htm/2023-HIB-4076.htm, last accessed February 29, 2024. To date, the bill remains in committee.

In 2023, the Michigan secretary of state developed new forms for judicial candidates to address the MCL 168.558(2) party declaration requirement. Unlike the universal party declaration language included in the 2022 AOI, the new forms include a line that complies with the party declaration requirement of MCL 168.558(2), in section 2, “Office and ballot information.” e secretary of state now offers the Incumbent Judicial A davit of Identity and A davit of Candidacy form, michigan.gov/sos/-/media/Project/ Websites/sos/02mcalpine/A _Candidacy_ Judicial_Incumbent_2020_REDO.pdf?rev= 8cf93f0ae0c64773a1194d0578f755f5&hash=

238FA1633AE9E6E6B75FFDCA020E923C, last accessed February 29, 2024, and the Non-Incumbent Judicial A davit of Identity and A davit of Constitutional Quali cation form, michigan.gov/sos/-/media/Project/Websites/ sos/02mcalpine/A _Judicial_Const_Qual_Supr_ Crt_2020_REDO.pdf?rev=16629364f2724de 290d7549eda7a9a5e&hash=F3820923834A30

B52D9965F88B130C52, last accessed February 29, 2024.

e updated AOIs should eliminate the rash of litigation seen in 2022. However, the ambiguity of the party declaration remains for the Legislature to correct. As it affects nonpartisan candidates, this correction seems to be an easy fix that would garner bipartisan support. Stay tuned.

Richard Lynch is the court administrator for the Oakland County Circuit Court.

It is OK to not be OK. It is OK to not complete your to-do list. And it is OK to need a minute to breathe. Read that again.

My name is Ali, and I am a recovering perfectionist. As is often the case with those of us in the legal profession, we fight so hard not only to complete a million different tasks on a daily basis, but to do so flawlessly, all while trying to make it seem as if our lives are well balanced. is is something that has plagued me for most of my life, never more so than when I entered the legal profession determined that I needed to have it all and have it all at the same time.

So many of us have fallen victim to this need for perfection in every aspect of our lives, but what I have realized while trying to juggle serving my clients, running a law firm, being a friend and family member, trying to make it to the gym, and chasing around an 18-month-old is that this is simply not possible. e bigger realization, however, was that this does not mean I have failed, but rather that I am now in a position to set myself up for success instead of failure. By taking a minute to forgive myself when I leave things unfinished at the end of the day, I am actually helping myself find the balance I so desperately need. I am allowing myself to recognize that not everything can be a priority.

As lawyers, we are constantly put in situations where we have to shoulder the burden of other people’s problems and emotions all while managing our own. We take on so much and often feel that we have to do so alone, living in constant fear that we might let someone down. But what we need to remember is that in order to deal with the stress of everything we carry professionally, the person we let down in order to protect others cannot be ourselves. You always have to be a priority in order to be the best for your clients and the world around you. So many of us have forgotten what this looks like that when we stop for a minute, we feel overwhelmed with guilt and fear. None of which helps us help ourselves or anyone else along the way.

Finding Balance, Not Perfection

By Alexandra Rumschlag

As if this weren’t enough, I also sometimes look around and wonder who I am anymore outside of my job or whatever roles the people and things around me need me to play. I have forgotten who I am or what makes me happy. is is not to say that I do not love my job or my friends or my family, but sometimes I cannot remember how I used to define myself outside of my relationship to other people. What do you say when you introduce yourself? Hi, my name is Ali, and I am an attorney. Hi, my name is Ali; I am JD’s mom. Hi, my name is Ali — you see that guy over there? I am his wife. When did we stop defining ourselves by what makes us happy?

If you are sitting here reading this and thinking that I sound so off base and you cannot relate to a single thing I am saying, then I would like to applaud you for having the secrets of life unlocked and for having it all together. But for those of us who haven’t figured it all out yet (and truthfully, I do not think I ever will), there is comfort in knowing that we are not alone. at there are other people out there struggling in the same way, who understand and who won’t judge us along the way.

If you have made it this far through my thoughts, I applaud you! It isn’t easy to express vulnerability in front of our peers, so I appreciate your taking the time. My hope here is that one person reading this article will realize

that they are not alone and that it is OK. Being what the world sees as perfect is not without problems and is just way too much pressure to endure.

So, if you are like me, I urge you to focus on doing one small thing every day to make yourself happy and to write it down. At the end of two weeks, you will have a list of all the little ways you have an identity outside of the constant demands on your time and emotions, and you will slowly remember what makes you special. en maybe you will feel ready to take an afternoon to enjoy the sunshine, or to take the time to join a gym, learn a new hobby, or just sit in silence for a minute. Because we cannot be what others need us to be if we are not being the best version of ourselves. But until you find out what that person looks like, remember that you are never alone and that you deserve to be a priority.

It is OK to not be OK. It is OK to not complete your to-do list. And it is OK to take a minute to breathe. Read that again.

My name is Alexandra Rumschlag, but I go by Ali. I am a mom, wife, daughter, and friend, and I am an attorney and the director of operations for Sa r Law PLC, a personal injury law rm, in South eld. I am a proud new member of the OCBA and its Lawyer Well-Being Committee and can be reached at ali@ saferwithsa rlaw.com.

2020-185375-NO

Brent Grant v. Auto Owners Ins. Co.

2021-278204-FC

People v. Johnson

2022-193449-NF

Charles Allbritton Jr. v. Citizens Ins. Co.

2023-284644-FH People v. Spiegel

2020-273904-FC

People v. Young

2022-279990-FH People v. Crumbley

2022-197778-CH

Laurece Abraham v. Victor Abraham

2021-190867-NH

David Rundell v. Todd Frush

2022-282957-FC People v. Jones

2022-195773-CB

Villa Financial Serv. v. First Health Hospice Inc.

2022-193456-NI

Betty Bruner v. Kevin Hatchett

2020-185313-NH

Ann Thayer v. Alan Carbajo

2022-194563-CB

Kris Krstovski v. Jerome Masakowski

Andrew McGarrow

Tiffany Howell

Jonathan Marko

Jeffrey Bullard

Darcey Jacobs

Jeffrey Quas

Samantha Schanta

Jeffrey Bullard

Rosston Ramsey

Christopher Quinn

Gabrielle Meyer

Cena Colbert Grey, Salle Erwin

Sarah Brenner

Edward Hess

Marc Keast

Shannon Smith

David Applebaum

Connor Ferrick

Ronald Weiner

Amy Schlotterer

Qamar Enayah

Cecilia Quirindongo

Baunsoe

Stuart Lebenbom

Issa Haddad

Dennis Ross, Beth Wilcoxon

Stephanie Strycharz

Jay Ahmad, Kevin Oliver

LeRoy Wulmeier, John Fleming

Norman Ankers

Daniel Weberman

FEBRUARY 2024

Despite the jokes we all hear about our profession, lawyers exercise a deepseated commitment to giving back to the community. Whether through pro bono legal work, charitable donations, or civic engagement, the most successful among us recognize the profound impact they can have on society beyond courtroom or transactional success. Even though your contribution to the Oakland County Bar Foundation may never appear on your billing sheet or translate into a higher bonus, you donate your time, attention, and money to supporting our cause because the reward is far greater than billable hours.

At the core of legal practice lies an ethical drive to uphold justice, fairness, and the rule of law. According to a survey conducted by the American Bar Association, 86% of lawyers believe that pro bono service is an essential component of their professional responsibility.

e ABA’s Model Rules of Professional Conduct encourage lawyers to provide pro bono legal services to those unable to afford representation, underscoring the ethical obligation of legal professionals to serve the public good. Not everyone, however, has the time or expertise to take on a pro bono case. Fortunately, pro bono work is one of many ways we impact our community.

Our most successful professional colleagues often attribute their success to the support and opportunities afforded to them by their communities. A study published in the Journal of Law and Society found that 72% of lawyers surveyed reported receiving some form of mentorship or support from their community during their careers. As a gesture of gratitude and humility, successful lawyers seek to pay it forward by reinvesting in their communities and supporting the next generation of legal professionals. I have no doubt that you support this foundation, in part, because it allows you to have an immediate positive impact on our community that is exponentially greater than any single monetary donation or investment of time.

Giving back also provides successful law-

Why Do You Pay It Forward?

By Mike Turco

yers with a sense of fulfillment and personal satisfaction. e Law Society of England and Wales recognized that 94% of lawyers reported feeling a sense of personal satisfaction from their charitable work. Engaging in philanthropic activities allows lawyers to use their skills, expertise, and resources to make a tangible difference in the lives of others. You effect this change by supporting programs that range from helping victims of human trafficking to ensuring our poorest brothers and sisters have access to bona fide subject matter experts.

You are part of this foundation because you are successful, and as an accomplished lawyer, you understand the importance of your reputation and legacy. By actively engaging in philanthropy and community service, you enhance your reputation as a socially responsible leader committed to making a positive impact. e National Association for Law Placement reports that 89% of law firms believe their pro bono work enhances the firm’s reputation in the legal community.

More important is the fact that helping others, or “paying it forward,” is a simple yet

powerful way to generate a ripple effect of kindness that reverberates through our community, fostering a culture of empathy and support. Statistics corroborate its exponential impact: A study by Harvard Business School found that a single act of kindness can inspire up to 125 additional acts of kindness. And research from the University of California, Berkeley, suggests that witnessing altruistic behavior increases the likelihood of individuals engaging in similar acts by 20%.

Your success pushed you to support the OCBF mission. In return, you are helping others and setting a positive example for the next generation of lawyers. Using Harvard’s study as an example, each of you inspires 125 additional acts of kindness. On behalf of a grateful community, thank you for your ongoing support of the OCBF.

Mike Turco, the president of the Oakland County Bar Foundation, is a business litigator with Brooks Wilkins Sharkey & Turco PLLC, a Fellow in the American College of Trial Lawyers, and the proud dad of three daughters with his wife, Monique.

COMMITTEES AT WORK

OCBA committees and programs help our members stay informed on signi cant developments in their areas of practice, suggest and help shape improvements to the legal profession, and serve the public. Below are just a few examples of our OCBA committees at work. Consider joining any OCBA committee for the networking and educational opportunities. Best of all, joining a committee is a free bene t of OCBA membership.

NEW LAWYERS COMMITTEE

Chair: Alexandra Giuliani

Vice Chair: Jonathan Ajlouny

On February 15, the New Lawyers Committee faced o against the OCBA board of directors in the 19th annual New Lawyers vs. e Board Challenge at Platform in Birmingham. Cheered on by a few observers, over 30 new lawyers, board members, and guests competed in a cornhole tournament while enjoying delicious food and beverages. e New Lawyers Committee took back the trophy from the board a er the board’s victory last year! It was a fun evening of building relationships at a novel and modern space.

PROVIDING ACCESS TO LEGAL SERVICES (PALS) COMMITTEE

Chair: Mary Novrocki

Vice Chair: Michelle Johnson

To learn more about or to join any one of the OCBA’s 30 committees, visit ocba.org/ committees.

DIVERSITY, EQUITY AND INCLUSION COMMITTEE

Chairs: Kristina Bilowus, Aaron Burrell

Vice Chairs: Hon. Adrienne Young, Shane Kolo

e OCBA’s Diversity, Equity and Inclusion Committee on February 28 sponsored a panel discussion on recruiting and maintaining diversity in law schools as well as assisting diverse groups of postgraduates in the workforce through internships and more. Moderator Kristina Bilowus, Esq. (Michigan State University College of Law), and speakers Dean Jelani Je erson Exum (University of Detroit Mercy); Audra A. Foster, Esq. (Michigan State University); and Arturo Alfaro, Esq. (Plunkett Cooney), focused on the underlying issues and di erent perspectives of the barriers blocking a ected groups and how employers and attorneys can better understand what resources are needed to help their employees or their clients succeed.

On February 20, guest speaker Ashley Lowe, Lakeshore Legal Aid CEO, spoke on “Right to Counsel in Evictions” at the PALS Committee meeting. Lowe touched on the impact and cost of evictions, the number of annual evictions, who is typically evicted, why people are evicted, and then the bene ts of right to counsel and successful outcomes. She also touched on Oakland County’s and Detroit’s eviction programs.

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2024 OCBA BOARD OF DIRECTORS ELECTION GUIDE

Introducing the 2024 slate of candidates for the Oakland County Bar Association board of directors election. The 2024 slate of candidates is presented below in alphabetical order, using the biographical data and photos submitted by the candidates.*

Four directors will be elected to three-year terms ending June 30, 2027. The online ballot will be live May 1 to May 9, 2024. It will be accessible via a link on the OCBA’s website, ocba.org, in the “Latest News” section and from eBallot’s website at eballot4.votenet.com/ oaklandbar

OCBA membership categories eligible to vote:

• Regular

• Public Service

• Life What you will need to vote:

• Board of Directors Election Guide

• Link to electronic ballot (above)

• User ID and password

Login directions, including user IDs and passwords, will be provided on the electronic ballot’s homepage. If you are not able to log in or have questions about your eligibility, contact the OCBA at (248) 334-3400 or ktillinger@ ocba.org.

The ballot goes live at 8 a.m. on May 1, 2024, and closes at 5 p.m. on May 9, 2024.

The mission of the Oakland County Bar Association is to serve the professional needs of our members, improve the justice system, and ensure the delivery of quality legal services to the public.

*Some biographical data may have been slightly shortened to fit in this guide as well as edited for consistent formatting.

Aaron V. Burrell is a member in the law firm of Dickinson Wright PLLC specializing in the areas of complex commercial litigation, labor and employment law, appellate law, and minority business enterprises. Burrell serves as co-chair of Dickinson Wright’s diversity, equity, and inclusion effort and previously served as co-chair of litigation training. Burrell has been named an “Up & Coming Lawyer” by Michigan Lawyers Weekly; a “40 Under 40” honoree by Crain’s Detroit Business, the National Bar Association, and others; and a “Top 100 Under 50 Emerging & Executive Leader” by Diversity MBA Magazine, as well as several other recognitions.

Burrell is currently a director on the Oakland County Bar Association board of directors, where he has served on a number of committees since 2016 and at present serves as its treasurer. Last year, he served as the OCBA’s secretary. Since joining the bar in 2010, Burrell has been an active member of the OCBA, where he has served on and contributed to a number of committees and activities, including the Inns of Court program and the OCBA’s Diversity, Equity and Inclusion (DEI) Committee. Burrell currently serves as co-chair of the OCBA’s DEI Committee, where he assists with a variety of programs, and he has written extensively on the subject of diversity in the OCBA’s Laches publication. In 2014, he was honored to be selected as a Fellow of the Oakland County Bar Foundation.

In addition to his service with the OCBA, Burrell is a past president of the D. Augustus Straker Bar Association — a proactive organization of diverse attorneys with a mission of promoting legal practice opportunities for people of color and facilitating equal justice for all citizens in Oakland County. As president of Straker, Burrell served as a representative on the National Bar Association’s board of governors.

Burrell is also a commissioner on the American Bar Association’s Commission on Racial and Ethnic Diversity in the Profession and the State Bar of Michigan’s board of commissioners. He previously chaired the State Bar of Michigan Representative Assembly and co-chaired the State Bar of Michigan’s Equal Access Initiative. He also currently serves on the State Bar’s Access to Justice work group. Burrell serves on the board of directors of Thomas M. Cooley Law School and as an elected Fellow of the Michigan State and American Bar foundations. He is an active member of the Detroit Bar Association and the Wolverine Bar Association. He is also active in several community organizations outside of the profession.

Burrell began his legal career in Oakland County, serving as a judicial staff attorney to the Hon. Leo Bowman in the Oakland County Circuit Court. He is a graduate of the University of Michigan, with distinction; Thomas M. Cooley Law School, magna cum laude; and Central Michigan University, where he earned a Master of Science degree in administration. He has completed the Leading Diversity, Equity, and Inclusion program at the Weinberg College of Arts and Sciences at Northwestern University and is currently completing a second master’s degree at Belhaven University.

View Aaron V. Burrell’s candidate statement at ocba.org/burrell.

Aaron V. Burrell Incumbent

Poncé D. Clay

Poncé D. Clay is a retired naval officer (combat veteran). He honorably served over 20 years in the United States Navy and was granted a Top Secret/SCI government clearance in performance of his duties.

In 2022, Michigan Lawyers Weekly recognized Clay among its class of “Leaders in the Law” for setting the standard for other lawyers through outstanding contributions to law and the justice system in Michigan. He commands tremendous leadership experience across a diverse spectrum of federal, state, and county public and private entities.

Clay is the founding and principal attorney of Clay Law PLC, a boutique firm representing clients in veteran, probate, real estate, juvenile defense, and child protection matters (claylawplc.com).

Reinvesting in the legal profession, Clay teaches as an adjunct professor in the Oakland University paralegal studies program and the Thomas M. Cooley Law School Trial Skills course. Clay serves his fellow colleagues in the practice of law as a State Bar of Michigan commissioner. His duties include preserving and promoting the image, identity, and future of what is arguably the premier state bar association in the U.S., the State Bar of Michigan.

Clay earned a J.D. and MBA from the University of Detroit Mercy School of Law and its business school. His postgraduate education includes an Executive Advanced Education certificate from Northwestern University and the Michigan Political Leadership Program (2020 cohort). He also earned a Bachelor of Arts in Spanish from Morehouse College.

View Poncé D. Clay’s candidate statement at ocba.org/clay.

Jonathan B. Frank Incumbent

Jonathan B. Frank and his wife, Jan, have run their own practice since 2019, focusing on creative, practical, cost-effective resolution of business and real estate disputes. He has also tried six bench trials and two jury trials in the Oakland County business courts since the beginning of 2020. Immediately before that, Frank was of counsel to the Maddin Hauser firm. Frank is also a mediator and arbitrator for business and real estate cases.

Frank became a member of the OCBA in 1989, when he and Jan moved back to Michigan after practicing in Los Angeles, and immediately joined the Circuit Court Committee. Then and now, he believes the OCBA sets the standard for a local bar association. In an often stressful, often adversarial profession, being a part of a vibrant “legal neighborhood” enhances the quality of the members’ professional and personal lives.

Frank’s commitment to the OCBA’s mission of enhancing the professional lives of its members is reflected in his co-chairing the Circuit Court Committee and the Business Court and Counsel Committee (one of the OCBA’s Committees of the Year, thanks mostly to co-Chair Joe Doerr). Meetings were designed to create a collegial, educational, and productive setting for members to network and improve their practices; attendance and participation grew for both committees. In addition, Frank has co-presented OCBA programs to assist younger lawyers in counseling clients through litigation and to assist business litigators in understanding common financial issues. Finally, he has published five articles in Laches, primarily focused on mediation techniques and the efficient resolution of business disputes.

Outside of the OCBA, Frank has been actively involved in a variety of nonprofits, with board leadership positions with the Jewish Ensemble Theatre and the American Jewish Committee. Frank currently sits on the board of Detroit PAL and the Detroit Urban Debate League. Frank also regularly judges the University of Michigan Law School’s Campbell Moot Court Competition and its clinical law program’s mock trials.

Frank is a graduate of Stanford University and the University of Michigan Law School. He has three sons, two daughters-in-law, and two grandchildren. In his spare time, he enjoys tennis, photography, and playwriting.

View Jonathan B. Frank’s candidate statement at ocba.org/frank

Silvia Alexandria Mansoor

Silvia Alexandria Mansoor is an attorney with Foley, Baron, Metzger & Juip, PLLC, focusing on medical malpractice defense, business, and health care matters. She especially enjoys working with our community’s health care providers. Previously, Mansoor worked for several years at a busy Detroit litigation firm in addition to gaining experience in the transactional and entrepreneurial sectors. She obtained her marketing degree from Wayne State University (2011) and her law degree from Michigan State University College of Law (2014).

She has been an active member of the Oakland County Bar Association since 2015. To this day, Mansoor recalls her first event — the New Lawyers Committee’s 2015 Summer Splash — where she met some wonderful people and never looked back. Since then, she has contributed her time and efforts to the OCBA in countless ways, including volunteering for Mock Trial, writing Laches articles, and, of course, participating in the New Lawyers Committee. Starting as a general member, Mansoor progressed to director, officer, and chairperson roles in the New Lawyers Committee with her final term ending in 2023. She was also a recipient of the Oakland County Bar Association’s 2019 Bonnie L. Beutler Outstanding New Lawyer Award. In addition to her

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Silvia Alexandria Mansoor

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involvement with the OCBA, Mansoor has been actively involved with the State Bar of Michigan. She is currently the chair-elect of the State Bar of Michigan’s Young Lawyers Section, sits on the board of commissioners, and is an active member of the Health Care Law Section. Moreover, Mansoor is an Institute of Continuing Legal Education contributor, has been named a Michigan Lawyers Weekly “Up & Coming Lawyer,” has been regularly named to the Super Lawyers “Rising Stars” list, and is an enthusiastic member of the profession.

A resident of Oakland County, Mansoor enjoys all that the area has to offer, including its scenic parks, restaurants, and coffee shops. Mansoor also enjoys spending time with family and friends, traveling, and learning about this world of ours — whether on land or in the sky. She has gone skydiving and hang gliding, jumped off the Black Rocks in Marquette as well as e STRAT Tower in Las Vegas, and hiked Angels Landing in Zion National Park. Having already taken her first flying lesson, she looks forward to getting her pilot’s license in the future.

View Silvia Alexandria Mansoor’s candidate statement at ocba.org/mansoor

James A. Martone

James A. Martone is a member with the law firm Dickinson Wright PLLC, where he has been an integral part of the firm’s commercial litigation group for over a decade. Martone counsels and advises businesses, ranging from Fortune 500 companies to nascent startups, across a variety of industries, including automotive, cannabis, real estate, freight/logistics, evehicles, medical, entertainment, and more. His practice melds together his real-world business background with his litigation focus to deliver practical and efficient legal representation to his clients. Martone has been annually recognized for the quality of his practice as a “Michigan Top Lawyer” as well as a Super Lawyers “Rising Star.”

Outside of the courtroom, Martone is an active member of his community and is passionately involved with community service projects such as Laundromat Love, a Michigan nonprofit organization serving at-risk, low-income, and/or homeless persons and related communities to address hygiene needs and provide necessary hygienic care and products to those in need. Martone also serves as a member of the board of directors for CAREaoke Inc., a Tennessee nonprofit corporation that uses the power of music (particularly karaoke) to help sick and/or hospitalized children in the Nashville, Tennessee, area have a semblance of fun and light-hearted childhood experiences while undergoing treatments, tests, and recovery from troubling illnesses.

Martone has been a fervent supporter and member of the OCBA for over 10 years, serving as chair and vice chair of the New Lawyers Committee as well as having the honor of being distinguished as an Oakland County Bar Foundation Fellow. Martone actively worked with the board of directors of the OCBA while serving as the liaison between the New Lawyers Committee and the board, giving him greater insight and understanding of the operations of the OCBA and what all is required when serving as a member of the board of directors.

Martone is a proud graduate of Wayne State University Law School as well as the University of Michigan Ford School of Public Policy, where he also served as team captain for the men’s swimming and diving team.

View James A. Martone’s candidate statement at ocba.org/martone

Kimberley Ann Ward Incumbent

Kimberley Ann Ward specializes in complex commercial agreements, corporate governance, and compliance as corporate counsel. She has received recognition for negotiating billion-dollar and significant multimillion-dollar contracts, and for minimizing disruption to the global workforce. She enjoys drafting and negotiating agreements in the areas of aerospace and defense, life sciences and medical devices, health research, and technology.

Ward has served on the Oakland County Bar Association board of directors since 2021. She has been a member of the OCBA since 2016, a Sustaining Member since 2017, and a Patron Fellow of the Oakland County Bar Foundation since 2020. Ward has supported the OCBA’s mission and programs by serving on the Membership Committee; Diversity, Equity and Inclusion Committee; and Nominating Committee and as a volunteer attorney with the Elementary Mock Trial program.

As a leader in multiple bar associations, Ward leverages opportunities to support collaborative programming and fundraising opportunities. Under Ward’s leadership, the D. Augustus Straker Bar Association partnered with the OCBA and participated in the Affinity Bar Charity Challenge; the biennial Taste of Diversity event; the Diversity, Equity and Inclusion Committee; and membership mixers. e OCBA also participated in the annual Straker Trailblazers Award and Scholarship Dinner. e OCBA’s 2019 Michael K. Lee Memorial Award was presented to the Straker Bar Association during Ward’s term as president.

Ward is passionate about providing quality services to the community and the bar on the local, state, and national levels. She works collaboratively in obtaining essential partners and has organized several large-scale pro bono expungement clinics and fundraising initiatives. She also serves as a volunteer Election Protection attorney with the Lawyers’ Committee for Civil Rights Under Law and has served on pipeline committees and a human trafficking task force. Ward enjoys developing and moderating continuing legal education (CLE) seminars and webinars. She has also mentored and assisted students with scholarship programs, resulting in their receiving educational funding from multiple sources.

Additionally, Ward serves in elected and appointed positions with the State Bar of Michigan, the American Bar Association, and the National Bar Association (NBA). She is a recipient of numerous awards, including an Expungement Clinic Award and an NBA Women Lawyers Division Outstanding Lawyer Award, and has been named one of the Michigan Lawyers Weekly “Leaders in the Law,” Crain’s Detroit Business “Notables in Corporate Counsel,” and Crain’s Detroit Business “Notable Women in Law.”

View Kimberley Ann Ward’s candidate statement at ocba.org/ward

ASSOCIATION STAFF

Executive Director

Jennifer Quick (jquick@ocba.org)

Deputy Director of Membership and Foundation

Katie Tillinger (ktillinger@ocba.org)

Finance Director

Susan Maczko (smaczko@ocba.org)

Professional Development Director

Shanay Cuthrell (scuthrell@ocba.org)

Marketing Communications Specialist

MB Cairns (mcairns@ocba.org)

District Court Case Evaluation Administrator

Kari Ross (kross@ocba.org)

Bookkeeper

Mayly McRae (mmcrae@ocba.org)

Public Services Administrator

Janise Thies (jthies@ocba.org)

Membership Coordinator/Receptionist

Cathy Oaten (coaten@ocba.org)

Administrative Assistant

Lori Dec (ldec@ocba.org)

Unless otherwise indicated, please call (248) 334-3400 for assistance.

Address Changes

Billing

Board of Directors

Case Evaluator Applications

Committees

Cathy Oaten

Susan Maczko

Jennifer Quick

Kari Ross

Katie Tillinger

District Court Case Evaluation ...........................................

Event Photos

Finance

Inns of Court

...................................................................

Kari Ross

MB Cairns

Susan Maczko

Shanay Cuthrell

Judicial Candidate Fora

Laches Magazine

Lawyer Referral Service – (248) 338-2100

Member Illness & Death

Janise Thies

Jennifer Quick

Janise Thies

NEW MEMBERS in February

Eric B. Abramson

Laurel Brittany Acho

Matthew Ackerman

Kaitlyn DelBene

Melanie J. Duda

Douglas W. Eyre

Ahmad D. Faraj

Seth D. Gould

Christine Hoppe

Tana Jenkins

Daichanai Jones

Andrew Joseph Lorelli

Lesley Erin McIntyre

Michael Okechukwu

Evon Pervan-Keller

Traci Richards

Victoria Robinson

Showlin Salam

Sydney Sexton

Elyse Victor

Dionne Elizabeth Webster-Cox

Benjamin Madden Williams

ADJOURNED

On March 7, the Oakland County Bar Association partnered with the Women’s Bar Association, the Oakland Region of the Women Lawyers Association of Michigan, to host the annual Affinity Bar Charity Challenge. In addition to the OCBA and WBA, six other bar associations, along with their guest judges, participated at the North End Taproom in Royal Oak in a fun evening of giving back.

Each partner bar association represented a charity, and throughout

the evening, attendees dropped donations into their favorite charity’s bucket. e bar association whose charity received the most donations won additional funds for its charity as well.

Congratulations to the Italian American Bar Association for winning the challenge. Overall, the event raised over $4,800 total for the eight charities.

BAR ASSOCIATION

Oakland County Bar Association

Women’s Bar Association (WLAM Oakland)

Hispanic Bar Association of Michigan

Jewish Bar Association of Michigan

D. Augustus Straker Bar Association

South Asian Bar Association of Michigan

Italian American Bar Association of Michigan

Chaldean American Bar Association

GUEST JUDGE

Hon. Amanda J. Shelton

Hon. Adrienne N. Young

Hon. Laura A. Echartea

Hon. Lorie N. Savin

Hon. Kameshia D. Gant

Hon. Sima G. Patel

Hon. Julie Gatti

Hon. Yasmine I. Poles

CHARITY

Ruth Ellis Center

Girls on the Run of Greater Detroit

LA SED

Jewish Family Service of Metro Detroit

Oakland County Foster Closet

Alternatives for Girls

Fleece & Thank You

Nineveh Rising

If you are receiving duplicates of this magazine, please call the OCBA at (248) 334-3400.

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