MIbLAWg

Thinking About Judicial Economy

       It is good to see some courts really embracing participation at pretrial hearings, motions and other events by telephone. If we added up the transactional costs of attorneys driving to hearings, sitting in the back of court rooms waiting for hearings to commence or otherwise wasted in travel, we could feed a small country with the number of hours billed to and paid for by clients. I am seeing more and more that trial courts are allowing participation at even important motions by phone. While some clients will prefer to pay for travel costs, in person participations should not be mandatory. If don’t find a way to make litigation less time intensive, we will effectively be barring most of the American Population from the court room on a cost basis. 

What Makes a Good Trial Judge?

       A good trial judge is one who is invisible in the court room in most every way. A good trial judge merely applies the law and removes his ego from all proceedings. A good trial judge does not believe that she owns her court room but that she is merely a steward of that courtroom which belongs to the citizens whom she serves. A good trial judge reads the materials submitted then does research on his own. A good trial judge works hard even though there is very little oversight. A good trial judge feels that they serve the litigants who stand before them and not vice versa. A good trial judge never punishes attorneys or their clients for coming to the courtroom to resolve legitimate issues. A good trial judge never punishes litigants for making their work load more difficult.

How Do We Eradicate Activism from the Court?

        As I look out into the future for our Michigan judiciary, I wonder whether or not the judicial activism we have seen has any end in sight. How will the public every know that this is a problem understanding that so few of our citizens actually access the legal system. Obviously, judicial activism is never going to be an agenda item on any parties platform in either a legislative or executive level elections. Has the trend of politicizing the bench become an engrained part of the judicial system?
        The only way that judicial activism will become a real issue is if lawyers and judges make it so. For those of us in the system, reputation is a driving force behind our actions. This is especially true for many judges who are modestly paid and therefore have pride in their reputation as a good jurist. This is especially true at the appellate level where judges sit on three or seven judge panels and there is a sharing of power.
      Currently, activist judges who are politically conservative have great reputations with the majority of the appellate bench. Currently our appellate judges are encouraging activism by the twelve court judges at least to the extent that it suits their political agenda. Somehow, we need to reverse this trend. We need to negatively brand judges who are activist and create positive reputation attributes for those who simply apply the law.

Michigan Supreme Court Incites Judicial Anarchy

I don't care whether judicial activism comes from the right or left.  Activism is activism.  From whichever direction, it has the ability to destroy our third branch of government. 

It is worth noting however, that activist courts such as the Michigan Supreme Court which are bent to limit and extinguish rights and principles which have existed in Michigan law for  decades or longer have a far more serious and potentially disastrous effect on the judicial system than activist courts that extend the law or citizen rights.  Extinguishing rights by overruling or simply ignoring prior case law creates tremendous instability because of the thousands of pending cases which have already been filed by Michgian citizens relying on prior case law. 

Michigan citizens have a right to know what the law is, and to govern their behavior accordingly.  The Michigan Supreme Court has stripped citizens of that right, and created instability within our Michigan judiciary.

Michigan Supreme Court Strikes Again

The Engler-stacked Michigan supreme court has launched an all out attack on the Michigan judiciary and Michigan citizens these last few years.  They openly state that they do not need to follow prior precedent.  They only rule in favor of insurance companies, regardless of the facts.  They have destabilized the judicial system in our great state to the point where it is considered by many to be a joke.  They are described readily as radical and dangerous.

No citizen can receive any reliable legal advice because the Engler justices continually change the law to their own political preference, and either ignore or overrule decades of established law.

Is it time to create a new justice system for the great people of Michigan so that they have a chance at the justice they deserve?  Judge Judy would be a better alterative than the joke of judiciary we now offer them.

Justice Denied: The Engler Legacy

Here is an opinion piece from the Metro Times on the Englery legacy in Michigan.  You can read the whole piece by clicking here.
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Green to obscene

Michigan once was among the most environmentally progressive states in the nation. Engler changed that with his crimes against nature, from unleashing the oil and gas industry to polluter protection laws he engineered. Like his cohort currently occupying the White House, a lot of people "misunderestimated" Engler when he first took office, deceived by his comically rotund silhouette and wooden speaking style. But the choke's been on us ever since.

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Bad to worse

When Engler took office the state was $1 billion in the hole. But our porky pal has left Michigan in worse fiscal shape than when he took office, due largely to the major tax cuts enacted under his administration — more than 20 in all. Skeptics warned that the soaring economy of the ’90s wouldn't last, and that someday we'd pay a price for all those reductions. As fate would have it, the bill is coming due as Engler exits, leaving a $1.5 billion barrel of red ink for his Democratic successor to deal with.

Down and out

Hell-bent on being a national leader in welfare reform, Engler eliminated General Assistance, cutting off aid to 83,000 single adults. He also saved a mint by dramatically reducing assistance to women with children. In protest, hundreds of makeshift homes went up on the capital grounds in Lansing. But the demonstration was as effective as the "Recall Engler" initiative also sparked by the cuts. You can’t blame folks for trying.

Kicked to the curb

The King Pigman allegedly saved the state millions by closing hospitals for the mentally ill. Sure, some folks had to be dragged — literally — out Detroit’s now-closed Lafayette Clinic. But he accomplished his mission and placed these vulnerable souls in private homes that are poorly regulated. Many mentally ill people wound up in the streets, jails and emergency rooms. Lucky for Engler these costs are not easily calculated. If they were, his plan would likely prove to be a fiscal failure and social disaster.

Justice denied

Though rid of Engler, we are stuck with the ultraconservative jurists he appointed. They are sure to continue his pro-business, anti-plaintiff agenda for years to come. The most blatant example of the state Supreme Court’s hostility toward those who sue was when his appointees suggested that sexually harassing comments made at work may be protected by the First Amendment. Never mind that there is no case law in the country to support this theory. Nor did the attorney representing the alleged sexual harasser raise the issue. Now, the judges are twiddling their thumbs to figure out a way to justify their lunacy. No doubt they will.

Worker's stomp

The conservative-packed courts also has wreaked havoc on injured workers.

"Engler's judicial appointments have provided a constant attack on injured workers," says workers comp lawyer Ron Glotta. Although the appointees claim to oppose judicial activism, their actions have been just the opposite, overturning legal precedents at an unprecedented rate.

"These people aren't conservatives," says Glotta. "They're radical reactionaries who have been relentless in their efforts to take away benefits from injured workers. The attack has been incessant and unforgiving."

Tort deform

When Big John first sought the governor's office, the insurance industry was there to support him in a major way. It was an investment that paid off big in the years since, with Engler engineering major changes in the laws governing the civil suits filed on behalf of people killed or maimed by faulty products, bungling doctors and the like. Alan Helmkamp, president of the Michigan Trial Lawyers Association, puts it this way: "Most people have no idea the many changes Engler's made that have benefited corporate Michigan and the insurance carriers of this state."

Again, Engler’s judges have been there to pick up any remaining slack.

"People come to me who have been injured, or who have a family member who has been killed, and I have to give them what I call "the speech," telling them they no longer have any civil remedy in this state," says Helmkamp.

Which is why Engler’s exit should evoke cheers from the maimed and broken, the widows and orphans.

Dissin’ Detroit

Like a good Republican, Engler preaches local rule, but doesn’t walk the talk. The state takeover of the Detroit Public Schools is proof of that. Engler dismissed the elected school board and replaced them with appointees. What’s maddening is that throughout Engler’s reign he ignored Detroit, probably wishing that it would implode. He sure helped shift political power from the southeast to the west. So why the interest in Detroit’s failing school system? Some suspect that he used the school system to beef up his lousy education record in an attempt to get an appointment from Dubya Bush. We see where that got him. No job and more ill will among Detroiters. — Metro Times staff

Send comments to letters@metrotimes.com.

Law Firms Chip In to Get Happier Jurors

From Law.com:

When the National Center for State Courts wants to get something done -- like launching a program aimed at increasing juror participation -- it sometimes relies on the kindness of lawyers. The center has raised about a quarter of a million dollars, mostly from law firms, to jump-start the National Jury Program. Its vision: a court system where, as one attorney from a contributing firm put it, "jurors don't dread jury service like they're going to the dentist."

Leonard Post
The National Law Journal
01-07-2005

When The National Center for State Courts wants to get something done -- like launching a program aimed at increasing jury participation -- sometimes it relies on the kindness of lawyers.

About a quarter of a million dollars of kindness. That was the amount raised mostly from law firms that recently jump-started the National Jury Program, a project of the National Center for State Courts' Center for Jury Studies.

The center expects to provide technical assistance to states to improve the conditions under which jurors work. That means helping states to combine 21st century technology with elemental aids and old-fashioned respect to make jury service more attractive, say center officials.

Read the article

Even The Jurors Won't Show For Duty

Fla. Supreme Court: Everyone Into the Pool
State's high court wants to know why residents are no-shows when summoned for possible jury duty

Dan Christensen
Miami Daily Business Review
01-03-2005

Complaints by litigants and lawyers about the increasing difficulty of impaneling enough jurors to address complex criminal and civil cases have led Florida's top court to ask the public how to improve the state's jury system.

Besides examining juror shortages and trial scheduling problems, the high court wants to hear about the experiences of jurors themselves.

"We want to see if there's something we can do to improve the conditions of jury service," Florida Supreme Court Justice R. Fred Lewis said in an interview last month.

On Jan. 19, Lewis will be at the Hyatt Regency in Miami to attend an unprecedented public hearing seeking input from lawyers and others about their experiences with the state's jury system. The hearing, to run from 9 a.m. to 1 p.m., is sponsored by the state Supreme Court's work group on standards for jury pool size. It will be held in conjunction with the Florida Bar's mid-year meeting.

Florida's performance at mustering jurors is dismal. Nationally, 40 percent of those summoned for jury duty show up at the courthouse. But only 30 percent answer the call in Florida, according to information from the state court administrator's office.
More ...

Michigan's Radical Supreme Court

The Michigan Supreme Court has been  labeled many things in the last few years.  Many call it the 'Engler Court'  (in reference to the ex-Governor John Engler who many assert packed the courts with political cronies with little judicial experience) .   However, the latest round of bad decisions from the Michigan Supreme Court was so unprecedented (pardon the pun) that even the staid Associated Press finally admitted that our highest court has earned a ‘radical reputation.'  The court itself has been under attack for being political and result oriented.

Regardless of your political posture, such a reputation does tremendous harm to the Michigan judiciary and public confidence in our justice system.  The judiciary is supposed to be independent and 'non-political.'  This third branch of government is the check and balance on the two other political branches.  When our courts become politicized, every Michigan citizen stands to lose.

Here are some links of interest:

• MTLA President Michael Pitt's Column
• Justice at any price?
• Michigan Supreme Court: The Impact Will Be Felt for a Decade
• Fieger to file complaint against four Supreme Court justices
• Trial attorney takes issue with critics on Supreme Court
• Complaint against four state Supreme Court justices
• Trial Lawyers Target Three Michigan Judges Up for Election
• Restore Balance and Fairness to the Michigan Supreme
• Michigan Supreme Court Targets Women
• Justice Nobody
• Justice Markman Ad- Extremist

   

Rational Thought As The Basis Of Law

Here is a great quote from Steve Sanders, UofM law blogger from his blog "Reason & Liberty"
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Reason - meaning accurate perception and logical argument, based on fact rather than prejudice or superstition - is critical to the survival of liberty. Reason is the essence of law; it depends on an enlightened citizenry and a free press ... Civil liberties, human autonomy, and the countermajoritarian principles of our Constitution are in peril when fundamental rights are subject to the whims of popular opinion, and when dogma supplants free thought and debate.
.......

Michigan Justice: Open Forum

So here we are.  Just you and me. And of course the entire wired world. 

Why shouldn't we speak our minds, express our views and rant about those things that are wrong with the Michigan justice system?  Progress, innovation and change rarely occur without discourse and a healthy exchange or ideas. 

Sure we have our legal organizations such as the Michigan Bar Association, the Michigan Trial Lawyers, our local bar associations.  But where can Michigan lawyers and other legal professionals go to really say what they want to say, to bring about the changes which are necessary if our justice system is to grow and evolve into something better. For that matter, where can Michigan citizens go to express their thoughts about the justice system which serves them?

So many discussions about the inadequacies of our legal system occur behind closed doors, or on email list servs.  I'm certain we all feel better when we express our views in private.  But such discussions rarely create the impetus for true change.  And I think we all realize that the public hasn't a clue as to what is happening in our Michigan justice system, good, bad or indifferent.  How about an open forum for EVERYONE who cares about Michigan Courts and the Michigan legal system to express proposals, ideas and frustrations?

If it sounds too good to be true, then you fail to realize the power of the internet when matched with the first amendment right to free speech.  This bLAWg is devoted to the First Amendment to the United States Constitution and the power of ideas to change the world in which we live.  But the First Amendment needs fuel to operate as designed.  That fuel comes from you. 

So, I invite you to grab your favorite beverage and cozy up to your computer keyboard or speech recognition device.  Let your ideas flow. Together, we can improve our Michigan justice system one idea at a time.