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BY RICK PLUTA Michigan Public Radio Network
A special Michigan grand jury will investigate meningitis deaths and illnesses linked to a medical compound created by a Massachusetts company. The grand jury will look into whether criminal laws were broken
The grand jury inquiry will be led by Livingston County Circuit Judge David Reader. The grand jurors will come from Livingston, Genessee, Macomb, and Grand Traverse counties. That's where 14 people lived who died from meningitis or some other infection linked to a steroid created by the New England Compounding Center. Two more Michiganders have died from the tainted injections since the request for a grand jury was filed. The request was filed by state Attorney General Bill Schuette and it was granted by a two-to-one vote by an appeals court panel of judges. One judge dissented, saying the attorney general had not established probable cause that a Michigan law was broken.
BY AMY ROBINSON
Part of the court file in a Clare County murder case was sealed by the judge yesterday.
A 32-year old Remus woman is accused of killing a 68-year old Harrison man in rural Clare county in January.
The Morning Sun newspaper said it's been illegally blocked from accessing court records on the case.
Today a district judge ruled that portions of the probable cause affidavit can remain redacted.
Clare county prosecutor Michelle Ambrozaitis filed a motion for the redaction. She said the move does not harm the public.
"I think they fared well. They're getting information pursuant to the probable cause affidavit. We aren't keeping everything from them. but we're also trying to protect the defendant's right to have a fair trial, we're trying to protect the proceedings. And we're trying to make sure that this case is tried, pursuant to the rules of evidence and those rules that define what we do in the courtroom, as opposed to being tried in the public forum." Ambrozaitis said.
Tom Weiss is the attorney for the Morning Sun. He said he was disappointed in the ruling.
"I was hopeful that the judge would take the affidavit back to his chambers, and without anyone else there, review it to see if the information that was being blacked out, was appropriate to be blacked out. The judge did not take me up on that idea. He decided that the information that was being eliminated by the prosecutor's own hand, was justified to be eliminated and of course, we took exception to that." Weiss said.
The editor of the Morning Sun said late yesterday that the paper is exploring options for future action in the case.
BY JAKE NEHER Michigan Public Radio Network
An Ingham County judge said groups hoping to repeal Michigan's new right-to-work law can move forward with their lawsuit. Judge William Collette Wednesday rejected the state's request to dismiss the case.
Collette had tough questions for state officials at the hearing. But he also told the ACLU of Michigan and union groups they have an "uphill battle" going forward in the case. ACLU Attorney Michael Pitt said that doesn't worry him a bit.
"I've heard that from judges for 39 years as a lawyer, and somehow I've been able to climb uphill and win the cases." Pitt said.
Pitt said the ruling means they can now gather more evidence and interview witnesses to build a case. The lawsuit claims state officials violated the Open Meetings Act by locking the doors of the state Capitol while right-to-work bills were being debated and passed. State Attorney General Bill Schuette's office says the lawsuit is baseless and they're confident it will be tossed out.
BY JAKE NEHER Michigan Public Radio Network
A lawsuit aimed at repealing Michigan's new right-to-work law will have its first day in court Wednesday. State officials hope an Ingham County Judge will immediately dismiss the suit.
The ACLU of Michigan said lawmakers deliberately shut out members of the public as they passed the right-to-work law in December. ACLU Attorney Dan Korobkin said that's a violation of the state's Open Meetings Act, and the law should be tossed out.
"We've had a lot of controversial laws in Michigan, but never before have we seen the public locked out of the process." Korobkin said.
But state Attorney General Bill Schuette said hundreds of citizens were in the Senate and House chambers as lawmakers voted on the legislation. He said police were protecting public safety when they stopped letting more people into the building for about four hours. Both sides will make their case to Judge William Collette in Mason.
BY RICK PLUTA Michigan Public Radio Network
Michigan Attorney General Bill Schuette has called for a grand jury investigation into an outbreak of meningitis and other illnesses caused by tainted steroids. The contaminated medicine has been linked to 259 cases of illness and 14 deaths in the state.
The attorney general filed his request with the Michigan Court of Appeals. If the court said yes, a judge and up to 17 grand jurors would conduct the inquiry into whether any crimes were committed. The proceedings would be secret. It's an unusual step, but Schuette said the grand jury would have sweeping authority to do its job. "We're going to find justice, and we're going to find truth." Schuette said.
The grand jury would have the power to compel witnesses to appear and testify, including people from the four Michigan clinics that administered the injections. And it could ask a Massachusetts court to order employees of the pharmacy that made the drug to cooperate. Those are powers state investigators don't have on their own.
BY RICK PLUTA Michigan Public Radio Network
The U.S. Supreme Court will once again take up a case that deals with affirmative action and how students are admitted to Michigan's public universities.
The decision to take this case comes 10 years after the court more or less upheld the University of Michigan's affirmative action program. That led to the ballot campaign to put an affirmative action ban in the Michigan constitution. State Attorney General Bill Schuette will defend the amendment that forbids consideration of race or gender in the decision to admit a student.
"It should be gender-neutral, race-neutral, color-blind. It needs to be by talent, merit, and ability." Schuette said.
"This will be, we think, the most important civil rights case in the country next fall." Washington said.
Attorney George Washington is challenging the amendment. California and four other states also have affirmative action bans similar to Michigan's.
BY RICK PLUTA Michigan Public Radio Network
A pair of court rulings allows utilities to build coal-fired power plants in western and northern Michigan.
The Michigan Court of Appeals rejected challenges filed by environmental groups.
The Sierra Club and the Natural Resources Defense Council want to reverse permits issued by the state Department of Environmental Quality. They say coal plants should be built using only the cleanest possible technology. The DEQ said the utilities have shown the plants are needed and comply with state and federal pollution standards, and that's all they have to do. But the plants still may not be built. The DEQ said the new Holland power plant is now being fitted to run on less-expensive natural gas. And Wolverine Power is pursuing a partnership that could make a proposed plant in Rogers City unnecessary. The Sierra Club has also sued other utilities in Michigan over emissions from existing coal plants.
Lawyers for Ferris State University and its faculty association will be in court in Big Rapids Wednesday morning. The two sides are clashing over a new contract.
According to Arthur Przybylowicz with the Michigan Education Association, negotiations with the university have been underway for months, and the union has even approved a university-proposed contract.
"However, the board of trustees of Ferris State University voted eight to nothing to reject their own proposal. We believe that that's a clear violation of their duty to bargain in good faith under the public employment relations act." Przybylowicz said.
Przbylowicz said it appears the university gave into political pressure to not approve the contract, after the state legislature voted to make Michigan the 24th right-to-work state.
That law, which bans mandatory union membership, goes into effect at the end of this month. The proposed contract would require faculty to remain dues-paying members for the next five years.
The faculty union is hoping the originally agreed-upon contract will become their new collective bargaining agreement.
Ferris State University declined to comment for this story.
BY RICK PLUTA Michigan Public Radio Network
In Michigan, a federal judge could rule as soon as Thursday on a challenge to the state's ban on same-sex marriage and civil unions. This occurs as the U.S. Supreme Court is about to hear two cases dealing with gay marriage. In the Michigan case, a lesbian couple sued not because they want to be married, but because they want to be parents.
Jane Rouse and April DeBoer have been together 13 years. For all practical purposes, they consider themselves married to each other. Jane Rouse said they would like to make it official with a wedding in one of the nine states that allows same-sex marriages.
"We were looking at going to Washington or New York to get married." Rouse said.
But planning that with three young kids is a challenge.
Jacob and Ryanne are both three years old. Nolan is four. Jacob came into the household as a foster child. As foster parents, Rouse and DeBoer shared legal guardianship of Jacob. When they decided to adopt the boy, they faced the same decision they'd faced with the two other children, which of them would be the legal parent. They chose Jane Rouse, who is also Nolan's legal mother. And that meant April DeBoer actually lost legal rights she had as a foster parent.
"I lose the right to make medical decisions for my boys. I can't enroll my boys in school. I am on an emergency card at school. I am listed as an emergency contact person. I am not a parent. I am nothing." DeBoer said.
If Jane Rouse were to die, April DeBoer would have to go to court to try to adopt the two boys. So Rouse and DeBoer sued Michigan in federal court. Current law allows male-female married couples to adopt children. It allows individuals to adopt children. But it specifically bans same-sex couples from adopting kids.
Rouse, DeBoer, and their lawyers said they were shocked when the federal judge in their case invited them to expand their lawsuit to challenge the state's ban on same-sex marriage.
"He did not order us to amend the complaint, but he certainly urged us to do so." Nessel said.
That's Dana Nessell, one of the attorneys working for Rouse and DeBoer.
"It hurts so many families in Michigan and so many people are hurt by these laws and we felt compelled to do something about and we did. So here we are now." Nessel said.
Michigan has some of the most restrictive laws in the country dealing with same-sex relationships. Michigan voters adopted an amendment to the state constitution in 2004 that prohibits recognizing same-sex marriages or civil unions or in any way treats same-sex couples as if they're married. Joy Yearout is the spokeswoman for Michigan Attorney General Bill Schuette, who is defending the amendment.
"The attorney general is the people's attorney, and his job is to defend laws that are put in place by the Legislature and amendments that were approved by the people." Yearout said.
She said changing the law should be a decision made by the state Legislature and by Michigan voters.
Meanwhile, the U.S. Supreme Court will soon hear arguments in two unrelated gay marriage cases. Michigan's case is a little different than those two because Michigan's marriage ban and adoption laws are so restrictive. Jane Rouse and April DeBoer said they'll be happy if the judge said gay and lesbian couples can marry in Michigan. But, mostly, they want the judge to say they can both be the parents of all their children in the eyes of the law.
BY RICK PLUTA Michigan Public Radio Network
A one-judge grand jury has granted itself more time to investigate a party-switch and election-rigging scandal that includes state House Speaker Jase Bolger. The investigation was supposed to wrap up this week.
Almost everything about the grand jury's inquiry is secret. In fact, the order extending the investigation was signed and filed 20 days before it was made public by the Ingham County Circuit Court.
Judge Rosemary Aquilina is looking into whether any laws were broken as House Speaker Jase Bolger and state Representative Roy Schmidt plotted Schmidt's jump to the Republican Party last year and also to avoid any serious opposition when he ran for re-election.
A Kent County investigation found the episode was unethical, but not illegal.
This inquiry was requested by state Democratic Party leaders. The extension allows the grand jury to continue to call witnesses and subpoena records through August 22nd.
BY JAKE NEHER Michigan Public Radio Network
 Medical marijuana dispensaries in Michigan can be shut down as public nuisances, according to a ruling Friday by the state Supreme Court.
The ruling means virtually all retail sales of medical pot in Michigan are illegal under state law. Patients can only get marijuana from a licensed caregiver, or they can grow it themselves. Michael Komorn is with the Michigan Medical Marijuana Association. He said the ruling conflicts with the intent of the voter-approved Medical Marijuana Act.
"We wanted patients to be able to have access to cannabis and be able to obtain it without issue. This will be an issue." Komorn said.
But Komorn said it will ultimately be up to local communities to decide whether to shut down the dispensaries. He said it's likely many will be able to keep their doors open. State Attorney General Bill Schuette is cheering the Supreme Court's decision. He said he'll encourage county prosecutors to go after the dispensaries.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Court of Appeals has ruled medical marijuana users may share small amounts of pot without running afoul of state law. But that's only if no money changes hands.
Courts have been busy filling gaps in Michigan's medical marijuana law since it was approved by voters in 2008.
In this case, Tony Green's defense against drug delivery charges was that he shared, without compensation, a small amount of pot with another legally registered medical marijuana user. The appeals court said that is allowed under the medical marijuana act.
The decision could be appealed to the state Supreme Court, which has already ruled patient-to-patient marijuana sales are illegal. The Supreme Court is expected to issue a couple more medical marijuana decisions in the near future, including one on whether the law permits dispensaries that charge some kind of fee.
Copyright 2013, MPRN
BY RICK PLUTA Michigan Public Radio Network
Governor Rick Snyder has asked the state Supreme Court to bypass lower courts and rule soon on whether Michigan's new right-to-work law is legal.
No challenges have been filed yet, but union leaders have suggested the law and how it was enacted could violate the Michigan and U.S. constitutions. Governor Snyder said he doesn't want to wait for lower courts to act. For one thing, state employee contract bargaining begins this summer. Among the prospective challenges the governor wants the court to address, whether the right-to-work law supersedes the independence of the Michigan Civil Service Commission, and whether it's legal to exempt police and firefighter unions. The state Supreme Court has a Republican majority. Governor Snyder is also expected to name someone soon to fill a vacancy on the court.
BY JAKE NEHER Michigan Public Radio Network
Lawmakers are getting ready to consider changes to the state's no-fault auto insurance law. At the same time a court battle over a fund that reimburses auto insurance companies for large claims continues.
When you file a personal injury claim in Michigan of more than a half-million dollars, your auto insurance company gets reimbursed by a state-created fund. It's basically an insurance policy for insurers. The fund that pays those reimbursements is facing a lawsuit that says it should provide more information about how it comes up with an annual fee that ultimately gets passed on to drivers. It's appealing a circuit court decision saying that information is subject to public information requests. Pete Kuhnmuench is with the Insurance Institute of Michigan, which supports the appeal.
"Literally 90 percent of what was required to be disclosed under the judge's recent ruling is already out there for public consumption." Kuhnmuench said.
Plaintiffs in the case say lawmakers need a complete picture as they weigh proposals to change the state's no-fault law.
The fate of a small, tribally-owned casino near Vanderbilt could be decided this year by the U.S. Supreme Court.
The casino was shuttered nearly two years ago after state officials and a competing tribe claimed it was illegal under state law.
The Bay Mills Indian Community opened the casino in 2010, away from their reservation in the Upper Peninsula.
Just a few months later, a federal judge ordered the facility closed, saying it was not located on tribal lands.
The case was appealed, and last summer, another court reversed the previous decision on grounds of a lack of jurisdiction, and the tribe's sovereign immunity.
Now, the case has been appealed to the nation's highest court. The Supreme Court hasn't decided if it will hear the case yet, but it is asking the federal government for more information.
Joy Yearout, communications director for Michigan Attorney General Bill Schuette, said that's a good sign.
"The majority of petitions that come before the United States Supreme Court are rejected every year. And in this case, the court did not reject our petition, and in fact, they said they want more information before they make a decision. So we certainly think this is promising for our case." Yearout said.
The state is hoping the Supreme Court will agree that the Vanderbilt casino was operating illegally, and that the facility will be barred from future operations.
Tribal leaders have said they are equally optimistic that they will prevail before the nation's highest court. If the court does agree to hear the case, a ruling could come this summer.
BY RICK PLUTA Michigan Public Radio Network
A divided Michigan Court of Appeals panel has upheld extending health benefits to the live-in partners of state civil service employees. The court's majority rejected the argument that the benefits violate the state's ban on gay marriage and civil unions.
The court said that's because there's no special recognition, no distinction made between same-sex and heterosexual relationships in offering the benefit to state employees' partners.
Progressive groups called the decision a victory for collective bargaining, the independence of the state Civil Service Commission, and gay rights. But Emily Dievendorf of Equality Michigan says she fears this legal victory will be short-lived.
"I think that we need to expect it to be challenged further in the courts." Dievendorf said.
And Attorney General Bill Schuette says the Michigan Supreme Court is the next stop for this case. The state currently covers 129 unmarried couples and their families.
BY RICK PLUTA Michigan Public Radio Network
Embattled state Supreme Court Justice Diane Hathaway has agreed to resign effective January 21st. That news broke shortly after a disciplinary panel filed a six-count ethics complaint against her.
Justice Hathaway's attorneys called the ethics complaint gratuitous and unnecessary because she had already agreed last month to resign. She also agreed not to participate in any cases. The Judicial Tenure Commission had also asked the Supreme Court to suspend Hathaway, which would have been an unprecedented disciplinary action against a sitting justice. The complaint accuses Hathaway of real estate fraud and money laundering, as well as lying about the episode to the disciplinary panel. She still faces a federal civil lawsuit in the matter. Hathaway is a Democrat elected to the court in 2008. Republican Governor Rick Snyder gets to name her replacement.
BY RICK PLUTA Michigan Public Radio Network
State Attorney General Bill Schuette says Michigan's new right-to-work law will survive the almost-certain court challenges by unions opposed to it.
Opponents might base a challenge on how the law has different rules for different types of unions. The law allows public or private sector employees in unionized workplaces to opt out of paying union dues and fees. But it has exceptions for police and firefighter unions. Attorney General Schuette said he expects the challenges, although he doesn't know when the lawsuits will be filed.
"But, you know, we'll be prepared." Schuette said.
Schuette said the carve-out for police and firefighter unions is perfectly legal. And he said the law does apply to the state's 35 thousand civil service employees. The Michigan Constitution says those employees are governed by the state Civil Service Commission, not acts of the Legislature.
BY RICK PLUTA Michigan Public Radio Network
Michigan Supreme Court Justice Diane Hathaway and her husband face allegations of fraud in a federal civil lawsuit that was filed this week in Detroit.
The U.S. Justice Department lawsuit seeks the forfeiture of a 750 thousand dollar second home in Florida. The couple is accused of engineering a series of real estate transactions to hide their true net worth and secure the short sale of a home in Grosse Pointe Park. The short sale saved Justice Hathaway and her husband 600 thousand dollars. No criminal charges have been filed.
Sources inside the Michigan Hall of Justice say Hathaway has cleared out her personal belongings from her Lansing office. Hathaway and her attorney say that's not true, and she is not resigning from the state's highest court. Hathaway is a Democrat who was elected to the court in 2008. Her term expires in two years.
BY JAKE NEHER Michigan Public Radio Network
A U.S. Supreme Court decision banning automatic life sentences for juveniles does not apply to those already serving in Michigan. The state Appeals Court Friday said the Supreme Court ruling should not be applied retroactively.
Michigan's nearly 360 so-called "juvenile lifers" will not be re-sentenced unless the state Supreme Court or the Legislature choose to act. State Attorney General Bill Schuette said re-sentencing inmates would be too painful for victims' families. Schuette spokesperson Joy Yearout said the Appeals Court made the right call.
"That's exactly the type of guidance we needed to ensure crime victims will not be re-victimized at a re-sentencing hearing." Attorneys for juvenile lifers plan to appeal the case to the state Supreme Court. Lawmakers in Lansing are considering bills that would allow courts to re-sentence people already serving the mandatory life sentences.
BY JAKE NEHER Michigan Public Radio Network
Juveniles convicted of murder in Michigan would no longer face mandatory life sentences under bills in the state House. State lawmakers are trying to comply with a U.S. Supreme Court ruling handed down this summer.
The ruling said it's cruel and unusual to automatically sentence people under the age of 18 to life in prison without the chance of parole. Courts across the state are looking to Lansing for guidance on how to comply with the Supreme Court ruling. Last month, the state Court of Appeals urged lawmakers to re-write the state's sentencing laws. Democratic state Representative Mark Meadows says there's no time to waste.
"The Court of Appeals has said, 'Take care of it.' We're trying to take care of it. Hopefully we'll take care of it by the end of this year."
A major issue is whether the ruling should apply to people already serving mandatory life sentences. Bill sponsors say they'll push to apply it retroactively. But they say they're willing to pass bills that only apply it to new cases.
BY RICK PLUTA Michigan Public Radio Network
The state is asking a judge in Lansing to reconsider her decision to award unemployment benefits to Andrew Shirvell. He's the former assistant state attorney general who was fired for misconduct related to his anti-gay crusade against a student leader at the University of Michigan.
Ingham County Circuit Judge Paula Manderfield ruled last month that Andrew Shirvell was fired from his state job for exercising his free speech rights and, therefore, qualified for unemployment payments. The motion filed by the attorney general's office is an initial step toward appealing the ruling.
Shirvell wrote a blog attacking Chris Armstrong, showed up to protest at events attended by the student leader, and staked out his house with a video camera. The state argues that the controversy surrounding Shirvell's anti-gay crusade interfered with the ability of the attorney general's office to carry out its responsibilities. The state said it's no different than firing a public employee for off-the-job racial stereotyping or ethnic discrimination. There is no deadline for the judge to make a decision on the state's motion.
BY RICK PLUTA Michigan Public Radio Network
Voters returned two incumbents to the state Supreme Court in yesterday's election, but there will also be a new face on the state's highest court.
This is the third time Justice Stephen Markman has won an election to the state Supreme Court. He wrote the 2008 opinion that said Michigan's amendment banning gay marriage also outlaws public employers from offering same-sex domestic partner benefits. Justice Brian Zahra was named to the court last year by Governor Rick Snyder to fill a vacancy. Their election guarantees the court will continue its four-three Republican majority. There will also be a new member of the court next year. University of Michigan law professor Bridget Mary McCormack will fill a vacancy created by a retirement. She is a Democrat. Republicans tried to make an issue of her work defending people who may have been wrongly convicted, and her offer to serve as legal counsel to an accused terrorist being held at Guantanamo.
BY JAKE NEHER Michigan Public Radio Network
Former state Attorney General Mike Cox is challenging Blue Cross Blue Shield's Medigap policies in court. Cox filed a class action lawsuit Wednesday against the state's largest health insurer.
Medigap provides seniors with health coverage not offered through Medicare. But Cox said some seniors can't join Blue Cross's most popular Medigap plan. He said if they have a retiree health savings account through their former employer, they're out of luck.
"Blue Cross is denying people in violation of federal and state law, in order to push them to buy more expensive plans that Blue Cross can make more money off of."
Cox filed the lawsuit on behalf of a retired nurse who worked for Ford. He said at least 40 thousand people in Michigan could be eligible to join in the case. Blue Cross officials say the lawsuit is baseless. They say the policy is dictated by state regulators, and the company is simply following the rules.
BY RICK PLUTA Michigan Public Radio Network
A court has ruled the former assistant attorney general who was fired for harassing a gay student leader at The University of Michigan is entitled to unemployment benefits. A judge in Lansing said that's because Andrew Shirvell was discharged for exercising his free speech rights.
The state denied Andrew Shirvell's unemployment claim because he was fired for misconduct. Shirvell drew widespread attention for his blog attacking Chris Armstrong, who was the first openly gay University of Michigan student body president. Shirvell also protested at events attended by Armstrong and staked out his house. Then, Attorney General Mike Cox at first defended Shirvell's right to voice his opinion, but eventually fired him. Armstrong sued Shirvell and won a four-point-five million dollar judgment. In an order dated October 17th, Judge Paula Manderfield said Shirvell was not fired for misconduct, but for exercising his free speech rights. She reversed a decision by a state unemployment benefits board. The state could file a challenge to Manderfield's decision with the Michigan Court of Appeals.
BY JAKE NEHER Michigan Public Radio Network
State Representative Bob Genetski will serve no jail time for his drunken driving conviction handed down last month.
The republican from Saugatuck will have to complete 40 hours of community service. He'll also have to pay fines and court fees.
Genetski was pulled over for driving while intoxicated in January by a Michigan State Police officer. His blood alcohol level was .08 an hour and a half after his arrest. A jury found him guilty last month.
The maximum penalty would have been 93 days in jail. It could also come with up to 360 hours of community service, and a maximum 500 dollar fine. Jail time is unusual for first-time offenders.
BY RICK PLUTA Michigan Public Radio Network
The family of an elderly murder victim has filed a lawsuit against the state. It said the Department of Corrections failed to prevent the murder.
Two felons who were out on parole are charged with the crime.
The Detroit Free Press first reported the lawsuit. It said the murder could've and should've have been prevented by the state Department of Corrections, which oversees about 18 thousand paroled felons. Spokesman Russ Marlan said the department won't comment specifically on the lawsuit. But he said the state has beefed up tracking and supervising parolees, and the result has been fewer violations and repeat offenses.
"A declining recidivism rate means less crime, fewer victims in the community, and we've made a lot of changes to address our recidivism rate."
Marlan said parole officers work more closely now with local police agencies. In some cases they are embedded in the department. He said the state is also more aggressive in tracking down felons who violate the terms of their parole.
BY JAKE NEHER Michigan Public Radio Network
Judges on a Michigan Court of Appeals panel say state lawmakers should figure out how to comply with a U.S. Supreme Court ruling on so-called "juvenile lifers."
In the case Miller versus Alabama, the Supreme Court said mandatory life sentences with no parole for juvenile offenders are unconstitutional. Now, the Michigan Court of Appeals is trying to decide if the state needs to re-sentence those juvenile lifers already serving. Presiding Judge Michael Talbot said he doesn't feel comfortable effectively re-writing state law from the bench, but may have to if the state Legislature doesn't act. Patricia Selby is an attorney for one of nearly 360 juvenile lifers behind bars in Michigan.
"The Legislature absolutely has to act in response to Miller, and to give these juvenile offenders the individualized look that Miller requires."
Those opposed to applying the decision retroactively say there's no precedent to do so.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Court of Appeals hears arguments this week on how the state should comply with a U.S. Supreme Court decision on so called juvenile lifers. It struck down sentences of automatic life without parole for juveniles convicted of murder.
The appeals court is asking several questions: Does the U.S. Supreme Court decision in Miller versus Alabama apply retroactively? That is, is everyone in a Michigan prison sentenced to life without parole as a juvenile entitled to a new sentence? Would it be sufficient to simply re-sentence juvenile lifers so they have a shot at parole one day?
The American Civil Liberties Union said every juvenile lifer deserves to have a judge take into account their life circumstances, their role in the murder, whether they were coerced, or if they're victims of abuse or neglect. Attorney General Bill Schuette said the decision should only apply going forward, and not to cases where a juvenile was already sentenced. He said the families of victims were promised certainty and the state should not take that away.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court heard arguments Thursday on the future of medical marijuana dispensaries and growing cooperatives.
A man who ran a growing cooperative is trying to fend off charges he exceeded the 12-plant limit in the law. He said his warehouse was used by multiple licensed growers. The operators of a marijuana dispensary are challenging the shutdown of their operation and others like it. John Bursch is Michigan's solicitor general. He said the medical marijuana act does not allow dispensaries where patients can share marijuana with each other.
"It's a free-for-all. You would never allow one patient with Vicodin to get Vicodin from another patient. You would require them to go to a pharmacist. So here, too, if a patient needs marijuana they need to go to a registered caregiver."
In the mean time, the Legislature is also looking at adding some definition to the medical marijuana law that was approved by voters in 2008.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Court of Appeals has ruled a police officer who shot and killed a man does not have to prove deadly force was justified, only that he acted in good faith. The court dismissed a lawsuit filed by the family of the man who was killed.
The decision will affect future cases where government employees are sued for on-the-job choices.
The decision means when government employees in Michigan make judgment calls on the job, they won't face lawsuits as long as they were acting in good faith, that is there was no malice or negligence. In this case, a Ferndale police officer fatally shot a man at the conclusion of a car chase. The officer said it appeared the man was getting ready to back the vehicle into him. The dead man's family sued, claiming, among other things, that the officer used excessive force and poor judgment. The court said that's not enough to overcome the legal protection granted to government employees who have to make discretionary choices as part of their job. The lawsuit was dismissed.
The appeals court made the original decision back in August, but re-entered it as a precedent-setting case that will apply to similar situations in the future.
BY JAKE NEHER Michigan Public Radio Network
A Senate panel has begun hearing arguments on a bill to fix the way Michigan counties provide defense attorneys to the poor. The chair of the Senate Judiciary Committee said he's still skeptical about the legislation.
Senator Rick Jones said it's clear a handful of counties are having problems appointing competent public defenders. But he said he still doesn't see it as a state-wide issue that requires sweeping changes.
Nancy Diehl is the former president of the State Bar of Michigan, which supports the bill.
"I've been sitting here listening. There's absolutely a problem. And I think, as one person said, even one innocent person going to prison, isn't that one too many?"
The bill would create a state panel to set standards for appointing public defenders. Supporters point to a number of studies that rank Michigan's public defense system among the worst in the country.
Some Michigan counties worry the changes could cost them, even if they're already doing a good job.
The state House has already passed the bill out of committee. It now awaits a vote on the House floor.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court's new session opened Tuesday with arguments on whether the state's no-fault insurance law should cover the mental anguish suffered by a mother who witnessed her son's death in a motorcycle crash.
One question presented to the court was whether "bodily injuries" covered by no-fault policies include depression and post-traumatic stress disorder, PTSD. Another was whether the mother qualifies for benefits because she witnessed the crash. Her symptoms include sleep loss, nightmares, and headaches. Her insurance company denied coverage, but the Michigan Court of Appeals said she deserved benefits. Chief Justice Robert Young wondered if that decision would open the door to a flood of claims that had never been allowed before.
"Anybody who sees a horrific accident could develop PTSD, correct?"
The mother's attorney said there's been no flood of claims since the decision was made. The Supreme Court's ruling is expected sometime next year.
BY JAKE NEHER Michigan Public Radio Network
It looks less likely a citizenship question will be on November ballot applications in Michigan. A federal judge in Detroit Friday declared the so-called "citizenship checkbox" unconstitutional.
Judge Paul Borman said the question would violate the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. He said it would single out voters who lawfully refuse to answer the question, and open them to ridicule.
Bruce Fealk is with the Michigan Election Reform Alliance. He said attorneys for the Secretary of State did not make a convincing argument for keeping the question on the applications.
"The legislation that brought us here today was vetoed by Governor Snyder back in July. And in my opinion she has no justification for this question being on the voter applications."
Secretary of State Ruth Johnson ordered the question as a way to help prevent non-citizens from voting in November. Her office said she'll continue trying to keep ballots out of the hands of ineligible voters. They have not indicated a plan to appeal the decision.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court opens its session this week with oral arguments in Lansing. Its first cases deal with auto no-fault coverage, before the court turns its attention to Michigan's medical marijuana law.
The court's first case was filed by a woman who wants her auto insurance company to pay for her treatment for depression. Gale Boertman was in her car, following her son on his motorcycle, when he was struck and killed by another vehicle. As a result, she suffered from sleeplessness, nightmares, and headaches. She was diagnosed with depression and post-traumatic stress disorder as a result of witnessing her son's death. Her insurance company denied her claim, saying that her car was not the direct cause of her conditions. Lower courts said there was enough of a connection to justify the claim. Later this week, the court will hear a challenge to a lower court ruling that medical marijuana clinics are not allowed under Michigan's voter-approved medical marijuana law.
BY JAKE NEHER Michigan Public Radio Network
A federal judge is ordering Michigan Secretary of State Ruth Johnson to be in court Friday as he hears arguments for and against a citizenship checkbox on November ballot applications.
Johnson ordered the checkbox as a way to ward off ineligible voters. Now, a coalition of local election officials and advocacy groups is headed to court to stop the measure. They say it could scare away eligible voters.
Andrew Nickelhoff is an attorney for the group. He said he plans to submit written testimony from a number of county clerks who don't want the box on their ballots. "They predict that the checkbox is going to cause delays and confusion on Election Day, which we know is going to have long lines and a long ballot already." The Secretary of State had asked the judge to allow her election director speak for her at the hearing. He denied the motion, saying her presence in the courtroom was critical.
BY JAKE NEHER Michigan Public Radio Network
State workers would no longer have to fork out four-percent of their salaries to keep their pensions if a judge's ruling stands.
An Ingham County Judge said the policy is effectively a pay cut, and only the Michigan Civil Service Commission can set state worker compensation. Ray Holman is with the largest state employee union in the state.
"The Legislature, nor the governor can cut our pay. And that's what had happened. And that's why it feels really good to win in court today." In the late 90s, the state switched new employees to a 401k plan. Holman say that means the ruling applies to fewer than half of the workers in his union. But that still amounts to several thousand people.
State officials will likely appeal the decision.
BY RICK PLUTA Michigan Public Radio Network
A lawsuit claims no state-appointed managers should be running Michigan cities or school districts until after voters determine the fate of the emergency manager law in November. The action was filed Thursday in Lansing by lawyers opposed to emergency managers.
The lawsuit said Governor Rick Snyder lost the authority to name managers to run struggling cities or school districts once the referendum on Public Act Four was put on the November ballot. That suspended the law enacted last year, but the governor claims authority to name emergency financial managers, with less-sweeping powers, under the law that preceded it. That makes no sense, said attorney John Philo.
"Something strikes me as very wrong about that. The presumption should be that until the people decide, we go back to our standard form of government, which is elected officials." There are seven Michigan cities and school districts being run by state-appointed financial managers. The lawsuit said those managers should be ordered to step down and turn their operations over to mayors, city councils, and school boards.
BY RICK PLUTA Michigan Public Radio Network
Democrats are taking a challenge to how state House Republicans rule the chamber to the Michigan Supreme Court.
The state House Democrats' lawsuit said the Republican majority violates the Michigan Constitution by refusing, when asked, to count the votes on a procedural motion that determines when laws take effect. The motion requires two-thirds super-majorities. But Republicans have allowed many laws to become effective right away on voice votes that are not counted or recorded. Democratic state Representative Mark Meadows said that means he and other lawmakers are not allowed to do their job.
"We are citizens, and we are the people who on a day-to-day basis try to promote the interests of the people that we represent."
This is the Democrats' last-ditch effort after lower courts have dismissed the legal action. Republicans say the lawsuit is just pre-election politics.
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio Network
A group opposed to local emergency managers filed a lawsuit against the state today, challenging the governor's appointment of emergency financial managers to oversee seven cities and school districts around the state.
The lawsuit claims Gov. Rick Snyder has no authority to name local managers now that Public Act Four, the so-called Emergency Manager Law, is suspended pending a voter referendum in November. But the governor claims he still has authority to appoint emergency financial managers under the law that proceeded Public Act Four.
The lawsuit says there is no enforceable emergency manager law now that the referendum is on the ballot.
© 2012 Michigan Public Radio Network.
BY JAKE NEHER Michigan Public Radio Network
State Attorney General Bill Schuette isn't done trying to make sure everyone sentenced as juveniles to life without parole in Michigan remains behind bars.
The U.S. Supreme Court in June declared mandatory life sentences for juveniles unconstitutional.
The state Supreme Court recently rejected Bill Schuette's effort to halt re-sentencing of juvenile lifers. Now the attorney general plans to file next week to join a state Court of Appeals case. It involves a 21-year-old man who was convicted of helping his half-brother kill a woman. Schuette hopes to make the case that the recent U.S. Supreme Court ruling shouldn't apply to people already behind bars. His spokesperson, Joy Yearout, said that would not be fair to victims' families.
"He wants to make sure that victims have their voices heard, and are not re-victimized however this process is enacted here in Michigan."
The ACLU of Michigan said the Supreme Court intended for the ruling to apply retroactively. There are more than 360 juvenile lifers currently behind bars in Michigan.
BY JAKE NEHER Michigan Public Radio Network
Michigan would void its contract with thousands of home healthcare workers if a state board agrees with a legal action filed this week by the Mackinac Center.
The free market think tank is asking the Michigan Employment Relations Commission to rule home healthcare workers aren't public employees, but rather private contractors who can't unionize. The workers are organized under the Service Employees International Union. The Mackinac Center's Pat Wright said they're forced to pay dues that should be going to patient care.
"These are people that are at home taking care of loved ones, and ending up paying union dues because of it, and we don't think that's proper." Wright said home care workers were essentially forced to unionize in 2005. The SEIU said workers voted to organize, and get vital benefits in return. The union supports a proposal on the November ballot guaranteeing collective bargaining rights for home healthcare workers. It would define the workers as public employees in the state constitution.
BY JAKE NEHER Michigan Public Radio Network
The state House Judiciary Committee Wednesday approved a bill that aims to fix the state's public defense system.
Michigan consistently ranks among the worst states in the country for providing attorneys to defendants who can't afford one. The legislation would create a commission to set statewide standards and make sure counties meet them. Some counties are concerned about the potential costs. John Walsh is chairman of the Judiciary Committee.
"Can't make everybody happy. But I think this is a fair bill that will assure proper indigent defense. And I think there are protections for the counties where they have some concerns." Last week, Attorney General Bill Schuette stalled a vote on the bill by sending a list of complaints to the committee. At this week's hearing, the Attorney General was officially neutral on the measure.
The bill now goes to the House floor.
BY RICK PLUTA Michigan Public Radio Network
A coalition of unions, voters, county clerks and civil rights groups is suing Secretary of State Ruth Johnson in federal court. The lawsuit challenges Johnson's instruction that voters who show up on Election Day should be asked whether they are U.S. citizens.
Some local clerks have refused to put the citizenship question on Election Day ballot applications. Governor Rick Snyder this year vetoed a bill to require the question. Ruth Johnson said it would remain as a reminder that only U.S. citizens can vote, even though no one can be denied a ballot for refusing to check the citizenship box. Ingham County Clerk Mike Bryanton says the result has been confusion and, in some cases, people who have a right to vote being scared away from the polls. "We need clarification. Either the check box is legal, or it's not. We believe it's not legal, it's not appropriate." Bryanton said it's enough to ask people to affirm their citizenship when they first register. Local clerks hope for a ruling quickly so they can prepare for the November election.
BY JAKE NEHER Michigan Public Radio Network
Military veterans in Michigan could soon have a network of courts to deal specifically with issues affecting them. The state Senate unanimously passed two bills Tuesday, on the anniversary of 9/11, which set up a framework for creating veterans courts. Judges would be able to recommend non-violent offenders to rehabilitation programs instead of jail. Senator Rick Jones said vets are forced to deal with extraordinary challenges, both overseas and once they're home.
"With the veterans returning from Iraq and Afghanistan, some of them have suffered head injuries. Certainly, we must make sure if they get into trouble with alcohol or drugs that we have a deferral program."
There are a few veterans courts in Michigan already, but the measures would make sure they all operate under the same rules. The bills also unanimously passed the state House in May. They now go to the governor's desk.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court has ordered three additional questions onto the statewide November ballot. But it blocked a proposal to allow eight new non-tribal casinos.
The Supreme Court said the casino expansion campaign never disclosed its proposal would up-end Michigan's liquor control authority. The ballot campaign said it will try again later. The court rejected challenges to other proposals, including one to guarantee collective bargaining rights in the state constitution and preempt passage of a right-to-work law. Dan Lijana is with the union rights campaign.
"First and foremost, collective bargaining is a basic right and folks deserve an opportunity to vote on this in November."
The Supreme Court also approved for the ballot proposals to require super-majorities for the Legislature to raise taxes, and a public vote before the state could construct any new international bridge to Canada.
That would bring to six the total number of questions facing Michigan voters on the statewide November ballot.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court is expected to rule early this week on which questions will appear on the November ballot. The court has to rule this week if the state is going to meet state and federal elections deadlines.
The court is considering challenges to three proposed amendments to the state constitution, and to the referendum on Michigan's emergency manager law. All told, there could be seven questions on the November ballot if the court rejects all the challenges. Time is growing short, but Michigan Bureau of Elections Director Chris Thomas said he expects the Supreme Court will act in time for the state to meet Friday's deadline to wrap up most details of the November ballot.
"So as long as we're done by Friday, we can live with it."
A state elections board has scheduled a Friday meeting to finalize most of the November ballot. The ballot won't be finished until Saturday, when Michigan Republicans will nominate candidates for the state Supreme Court.
BY RICK PLUTA
The Michigan Supreme Court will hold a hearing Thursday on whether four questions should appear on the statewide November ballot. The court's expected to rule very quickly to meet election deadlines.
The proposals would guarantee collective bargaining rights in the state constitution, allow more casinos in Michigan, require super-majorities before the Legislature can increase taxes, and demand voter approval before the state could build a new international bridge to Canada. Some of the campaigns, the ones blocked from the ballot, want to see some changes in how elections decisions are made. They say a state elections board should not make determinations on whether proposals meet the requirements of the Michigan Constitution, that's up to the courts. They say campaigns that gather enough petition signatures should be approved. One of the campaigns also says it's too easy for a question to get bogged down because it takes a vote from both a Republican and a Democrat on the board to get on the ballot.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Court of Appeals said a proposal to guarantee collective bargaining rights in the state constitution belongs on the November ballot. Opponents of the ballot drive say they'll take their case to the Michigan Supreme Court.
Unions and progressive groups gathered more than 600 thousand signatures to get the question on the ballot. They say lines need to be drawn around Republican efforts in the Legislature to limit union rights. Nick Ciaramataro is with a public employees union. He cheered the decision, but expects the legal fight is not over.
"I would prefer there not be an appeal to the Supreme Court. I'm not surprised if there is one, but the court has to act quickly so that we can get this on the ballot and let the people make the decision."
The question was put on the ballot, but not before business groups filed a challenge of the ruling with the Michigan Supreme Court. They say the proposed amendment is too sweeping, and would change many labor laws without telling voters what they are.
BY RICK PLUTA Michigan Public Radio Network
Ballot campaigns are beating a path to the courthouse door. Three campaigns are hoping to win in court after a state elections panel deadlocked on whether they should go on the ballot.
Campaigns to require legislative super-majorities to raise taxes, to require a statewide vote on future international bridges, and to allow eight new casinos in Michigan are all fraught with politics. They all stalled as an elections panel deadlocked on the wording of the questions and whether to put them on the November ballot. In some cases, the petitions were already approved once by the board before the drives started gathering names. Amy Hagerstrom is with the drive to make it harder for the Legislature to raise taxes.
"Do we feel as if the rules were changed on us? Yes. Certainly. I do feel they changed."
The legal challenges will be expensive, but two of the campaigns have the backing of the billionaire owner of the Ambassador Bridge. Business groups, and in one case, casino owners, are backing the efforts to keep the questions off the ballot.
The Michigan Supreme Court has called for a speedy decision in a case that could keep a pro-union constitutional amendment off the November ballot.
The proposed amendment would enshrine a right to collective bargaining in the state constitution.
Supporters say the amendment is necessary because of a wave of anti-union legislation across the country.
But opponents say the proposal would change too many state laws for it to be easily summed up for voters, as required by the state constitution.
The Board of State Canvassers, which places proposals on the ballot, deadlocked last week along party lines, leaving the amendment, at least for now, off the November ballot.
Supporters appealed the decision, and asked for the case to be fast tracked directly to the state Supreme Court.
The court declined that request Wednesday. They did, however, order the Court of Appeals to rule on the case no later than Monday.
BY RICK PLUTA Michigan Public Radio Network
A battle over how Republicans in the Michigan House of Representatives count votes was argued Wednesday before the state Court of Appeals.
Democrats sued the House Republican leadership on a procedural motion that requires a two-thirds super-majority. Republicans don't have that many votes on their own.
The motion is required by the state constitution to allow laws to take effect right away. Democrats say Republicans have bypassed the requirement on controversial legislation. Assistant Attorney General Heather Meingast argued for the House Republican leadership. She said courts should not be telling another branch of government how to conduct its affairs.
"This isn't a place that the courts should go."
"If the courts of the state of Michigan can't enforce the state constitution, then who can?"
Michael Hodge is the attorney for the Democrats. He wants the appeals court to uphold a lower court order. It said Republicans have to count and keep track of votes on immediate effect motions.
BY RICK PLUTA Michigan Public Radio Network
The operators of casinos in Detroit and on tribal reservations were at the Michigan Court of Appeals Monday trying to keep a question off the statewide November ballot.
The measure would amend the state constitution to allow eight new casinos.
The rival operations would be located all across Michigan. The opponents of the ballot drive say they've found a technical glitch. They say the proposal would not only amend the state constitution, but also re-write voter approved gaming regulations, and a ballot proposal can't do both.
"Well what we hope happens is that we hope the court concludes it does not meet the constitutional requirements and can't go on the ballot.
Peter Ellsworth is an attorney arguing against the casino expansion proposal.
"Because it's misleading to the voters."
"Let them decide in November."
Emily Gerkin Palsrok of the expansion campaign said it followed all the rules when it drafted the amendment, but she said the campaigns can debate what it would do as they make their cases to the voters.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court has ordered the referendum on the state's emergency manager law onto the November ballot.
A divided court ruled the ballot campaign's petitions met the letter of the law, that the type on a critical portion of the petition was, in fact, 14 points. That's what the law requires. The Supreme Court decision requires a state elections board to put the challenge to the emergency manager law on the November ballot. At that point, the emergency manager law is suspended, but what happens next is not certain. Governor Rick Snyder and Attorney General Bill Schuette say the old emergency manager law is resurrected, the seven emergency managers currently serving will continue, but with diminished authority. The referendum drive says otherwise, that there is no emergency manager law, and the emergency managers are out of a job. It could take another court fight, or extraordinary action by the Legislature to settle the question.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Court of Appeals will hear a new challenge to a question that could go on the November ballot. A coalition of businesses and existing casinos say a proposal to allow eight new non-tribal casinos in Michigan has a critical technical flaw.
The proposal would amend the state constitution to allow more casinos in Michigan. But opponents say the measure would also change a variety of voter-approved casino regulations. And they say that violates how ballot questions are supposed to be framed, that it's too sweeping and complex. The ballot campaign's organizers say it was carefully drafted and complies with everything state laws and the Michigan Constitution require. No matter which side wins, the Court of Appeals is probably not the final stop for this disagreement. The Michigan Supreme Court just resolved a challenge to a referendum on the emergency manager law and ordered that question onto the ballot. This case and others could also wind up before the state's highest court in coming weeks to determine which questions voters will decide this fall.
Copyright 2012, MPRN
BY RICK PLUTA Michigan Public Radio Network
The Michigan Court of Appeals said local governments cannot stop people from growing or using medical marijuana.
The court struck down a local medical marijuana ban in the city of Wyoming. The cities of Birmingham, Bloomfield Hills and Livonia have similar laws on their books.
The three-judge panel was unanimous in its ruling. It said the state's medical marijuana law preempts local ordinances. The law was approved by voters in 2008. It allows people who get a medical marijuana card to grow and use medical marijuana as a treatment for the symptoms of chronic or terminal illnesses.
The court said local governments cannot use the fact that possession of marijuana remains a federal crime as a way to get around the state law.
The Legislature is working on amendments to the medical marijuana law to define the rules surrounding issues like zoning and dispensaries.
BY RICK PLUTA Michigan Public Radio Network
Michigan Attorney General Bill Schuette is against holding re-sentencing hearings for hundreds of inmates sentenced to life with no chance of parole as juveniles. That's despite a U.S. Supreme Court decision that struck down mandatory life-without-parole sentences for juveniles.
Schuette went to the Michigan Supreme Court to request an order that would limit the federal decision only to future cases. His spokesman Randy Wood said juvenile felons sentenced to life for murder or playing a part in a murder should stay in prison and not be resentenced..
"Hauling victims' families into court to relive these horrific crimes would be a terrible tragedy."
ACLU attorney Deborah LaBelle said the U.S. Supreme Court was clear that juvenile lifers who were once told they'd die in prison deserve a hearing.
"And to say that we're going to ignore that in this state, I think is not only legally wrong, but morally appalling." LaBelle said, in many cases, the juvenile lifers were not the actual murderers or suffered abuse and that needs to be taken into account.
BY RICK PLUTA Michigan Public Radio Network
The Michigan Supreme Court has ruled that a murder trial on hold since 2009 will go forward without expert testimony on the phenomenon of "false confessions." A man charged with murder in Livingston County said he is innocent of killing his brother and his sister-in-law, even though he confessed to the crimes.
Jerome Kowalski said he was denied the right to present a defense to charges he murdered his brother and his sister-in-law in an argument over money. Kowalski confessed to the murders after multiple interrogations. But he said he is, in fact, innocent and he was compelled to make a false confession. A lower court judge would not allow expert testimony on the phenomenon of false confessions. She said could make it seem like the expert was saying Kowalski's confession was false.
The Supreme Court agreed. It said lawyers may question police officers on their interrogation methods, and the jury can decide on its own whether a confession was false or coerced.
BY RICK PLUTA Michigan Public Radio Network
The state Supreme Court has struck down a Michigan State University ordinance that's supposed to protect employees from harassment as a violation of the First Amendment. The court said the ordinance violates the First Amendment.
The MSU ordinance makes it a misdemeanor to "disrupt the normal activity" of anyone who is doing work for the university. Jared Rapp was charged with breaking the ordinance after he confronted the MSU worker who wrote him a parking ticket. Rapp reportedly shouted at a parking enforcement officer, and snapped pictures with his phone until the university police showed up. Rapp said the rule violates his First Amendment rights. Two Republicans joined with three Democrats on the court to form the majority opinion that agreed with Rapp. The ruling said MSU's rule is too vague and could be innocently violated. The ruling also said MSU has plenty of other rules that prohibit assaultive or seriously disruptive behavior. Two justices disagreed. They said the court is interfering with the authority of MSU's governing board.
BY RICK PLUTA Michigan Public Radio Network
 The Michigan Supreme Court will decide the fate of a referendum on the state's emergency manager law after spending more than an hour and half listening to arguments this morning. The case also brought a few hundred demonstrators to Lansing.
Busloads of demonstrators showed up to rally outside the Michigan Hall of Justice. Opponents of the referendum say it should not go on the ballot because of a technical mistake on the petitions. The ballot campaign said there was no mistake, and regardless, that's not enough to deny the public a chance to vote on the question.
Oten Wyatt of Southfield was one of the protesters. He said the will of more than 200 thousand people who signed petitions should not be ignored.
"I think this should be put on the ballot. It should have been put on the ballot. We shouldn't even be here. But we are here."
There is some argument over whether a court can order a state elections board to put the question on the ballot. The referendum campaign says a loss before the Michigan Supreme Court could put the case before the U.S. Supreme Court.
Photo credit: Zoe Clark of Michigan Radio
BY RICK PLUTA Michigan Public Radio Network
Two hearings this week at the state Capitol will address problems in Michigan's criminal justice system.
The U.S. Supreme Court last month struck down juvenile sentencing laws in Michigan and 28 other states. The laws automatically send juveniles convicted of serious crimes to prison for life with no chance of parole. The court said juveniles at least deserve a hearing to determine if that's the appropriate punishment. A state House panel begins hearings tomorrow on what changes need to be made to the state's sentencing law in light of the ruling. Also this week, the House Judiciary Committee opens hearings on legal representation for low-income criminal defendants. Ineffective and inexperienced legal representation is a reason teens can be sentenced to life without parole when there are other options. A state commission has recommended changes to fix how Michigan ensures everyone charged with a crime gets a good attorney.
BY RICK PLUTA Michigan Public Radio Network
The state Court of Appeals said a county concealed gun board did not exceed its authority when it denied a permit based on a man's juvenile crime record.
Jameel Stephens said the Wayne County Concealed Weapons Board should not have rejected his request for a concealed pistol permit because he was found guilty as a juvenile of breaking and entering. Stephens argued that juvenile proceedings are supposed to be shielded from that sort of decision-making. He said they are also not, officially, criminal convictions. Michigan is what's called a "shall-issue" concealed gun state. That means gun boards must approve permit requests unless there is a clear reason to deny a person. The court of appeals said state law clearly allows gun boards to deny concealed pistol permits to people found guilty of a juvenile offense, if that offense is a felony when an adult is charged. That would include breaking and entering.
BY HERBERG
The American Civil Liberties Union of Michigan has filed a lawsuit on behalf of eight Highland Park students who say they've been denied their right to read. The suit calls for the district to follow a statute requiring that special assistance be given to students who are not proficient in reading. At a late morning news conference in Detroit, the ACLU's Mark Rosenbaum highlighted statistics showing Highland Park's MEAP scores are in the bottom five percent of Michigan school districts.
"This case is about the shame of Michigan. At the same time, because it is also about children who are eager to learn, but who lack only the opportunity to learn it offers the state of Michigan its shiniest hope."
Highland Park School District Emergency Manager Joyce Parker announced in June that she would like to see the district changed to charter schools next fall. The ACLU said if that happens, the organization will hold district officials to the same legal standards.
BY RICK PLUTA Michigan Public Radio Network
The state Supreme Court has agreed to hear arguments on whether a referendum on Michigan's emergency manager law should appear on the November ballot.
The arguments will take place in two weeks. A business coalition that supports the emergency manager law is trying to keep the question off the ballot. The group Citizens for Fiscal Responsibility said a section of the petition was printed in a type size that was too small, and that makes it ineligible. The group lost before the state Court of Appeals, which said a court precedent left no choice in the matter. Citizens for Fiscal Responsibility wants that precedent reversed. And if it wins, t hat decision could affect other ballot campaigns that filed this year. The ballot campaign Stand Up For Democracy says there was no error. But it says, even if there were, a technicality should not keep a question off the ballot after 226 thousand people signed petitions supporting it.
BY LINDA STEPHAN Michigan Public Radio Network
The Michigan Court of Appeals said it was legal for two
hunting guides to help with an off-season bear hunt in Emmet County back in
September of 2010.
The guides were assisting an American Indian hunter.
For the man who pulled the trigger, the hunt was clearly legal
because of tribal hunting and fishing rights.
But his two assistants are not Native American, and by
their own admission, their help was vital to the success of the hunt.
Their dogs ran the bear up a tree, where it was shot.
Emmet County court found the guides guilty of "taking" a bear
in the off-season.
But this week an appeals panel reversed that decision.
The judges say, under the state law that applies to this
case the "taking" of an animal involves a firearm, crossbow, or bow and arrow.
So the guides could help, they just couldn't shoot.
The state could appeal. Copyright 2012, MPRN
By Rick Pluta
The group that's trying to keep a referendum on Michigan's emergency manager law off the November ballot has taken its case to the state Supreme Court.
There are two issues here. One is whether the ballot committee that wants to repeal the law complied with a rule about how petitions are printed. State election law said part of the petition must be printed in 14-point type. There's a dispute over how that should be measured.
The second issue is whether a technicality like font size is enough to keep a question off the ballot after more than 200 thousand people signed petitions.
A legal precedent says as long as a campaign has mostly complied with the law, the question should go to voters. The referendum's opponents want the state Supreme Court to overturn that precedent.
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio Network
LANSING -- The U.S. Supreme Court has struck down state laws like one in Michigan that automatically sends some juveniles to prison for life with no chance of parole. The court's decision says that's excessive and violates the Eighth Amendment.
Michigan has more than 350 people in state prisons serving life without parole for crimes committed as juveniles.
Deborah LaBelle is an attorney with the American Civil Liberties Union. She says the ruling does not "prohibit" life without parole for juveniles. But she says the sentence should be very rare now that courts have to take into account factors like how big a role a child played in a murder, age at the time of the crime, and life circumstances.
"What do you do with a child who is trapped in a home in which they are beaten and abused and then they go out and commit a crime? Do you have to take those things into consideration? Yes, you do. They're a child," LaBelle said.
LaBelle says lifers who were sent to prison as children are now entitled to be re-sentenced and granted a parole hearing.
BY RICK PLUTA Michigan Public Radio Network
LANSING -- A commission appointed by Governor Rick Snyder to look at how Michigan ensures everyone accused of a crime gets a decent legal defense has made its recommendations.
The complaints about Michigan -and the state's system is considered one of the nation's worst - are that public defenders are inexperienced, over-worked, and underpaid. The Michigan Indigent Defense Advisory Commission says an independent agency should serve as a watchdog over public defense. Judge James Fisher chaired the commission. He says the agency would set standards for every county to follow "...so that we can ensure that people have attorneys representing them who are capable, and adequately compensated, qualified, experienced, so forth."
And the state should step in, he says, when counties don't live up to the rules. Now, it's up to the Legislature and Governor Snyder to enact the recommendations. Hearings could begin this summer. Fixing public defense in Michigan could cost taxpayers $50 million.
By Rick Pluta A judge in Ingham County has dismissed a legal challenge to the consent agreement between the state and Detroit on fixing the city's finances. Ingham County Circuit Judge William Collette said Detroit's corporate counsel did not have the right to file the lawsuit over the objections of Detroit Mayor Dave Bing. Bing said he hopes the ruling puts the issue to rest and the decision is not appealed. "This ruling says that we made the right decision, and that we need to get on with running the city. The city is still in a crisis, and we can't have all of these distractions and think that we're going to bring the city back." Bing said the ruling means state payments to the city will not be frozen, and Detroit will be able to make a loan payment that's due Friday. That will also be the first meeting of a financial advisory board that will provide oversight to city spending decisions. Copyright 2012, MPRN
By Rick Pluta A special seven-judge panel of the Michigan Court of Appeals will decide whether a referendum challenging Michigan's emergency manager law will appear on the November ballot. The referendum drive asked the court to order the question onto the ballot. That's after a state elections panel deadlocked on the issue of whether a portion of the petition that was circulated was printed in the wrong font size. There is a dispute over whether that's true. A three-judge panel of the appeals court said the referendum drive met the requirements set by an earlier court ruling. But the court said it does not agree with that ruling. And, absent that legal precedent, the court would keep the question off the ballot. That sets into motion an unusual process, where a "super-panel" of appeals court judges will determine whether voters will get to render their judgment on Michigan's emergency manager law. Copyright 2012, MPRN
By Rick Pluta An opinion Thursday by the state Supreme Court adds some definition to Michigan's 2008 voter-approved medical marijuana law. The court made a series of rulings on what's allowed for defendants who've been charged with drug crimes and don't have a state-issued medical marijuana card. The court said a doctor's diagnosis is a defense for someone charged with possessing marijuana without a medical marijuana card. But the Supreme Court said there are limits. The court said there's no going to a doctor after being busted for a diagnosis that a patient would benefit from medical marijuana. And a diagnosis has to have been made after voters approved the law. Copyright 2012, MPRN
By Rick Pluta Review teams that recommend whether a city or school district should be taken over by a state-appointed emergency manager don't have to meet in public. That's according to a ruling Tuesday by the Michigan Court of Appeals. The appeals court rejected three separate challenges to the emergency manager in Flint and to a consent agreement governing Detroit. The court ruled the review teams did not break the state's open meetings law. That's because the teams make recommendations, but the final decision on state intervention rests with the governor. Sara Wurfel is Governor Rick Snyder's press secretary. She said he's pleased with the ruling. "They understood that we actually met the letter and the intent of the law and the governor feels like it's very important now to move forward..." "... to suggest that financial review teams are not public bodies was quite a stretch." Robert Davis is one of the plaintiffs who sued the state. He said his next stop is the Michigan Supreme Court. The appeals court could also rule soon on whether a challenge to the emergency manager law will go on the November ballot. Copyright 2012, MPRN
By Rick Pluta
It's up to the Michigan
Court of Appeals now to determine whether voters will get to approve or reject
the state's emergency manager law. The court held an hour-long hearing on the
question today Thursday. The
referendum drive wants the court to order the question onto the November
ballot. That's after a state elections panel deadlocked along party lines,
effectively blocking the referendum. The board's two Republicans said the print
size on the petition was too small.
Attorney
Herb Sanders said if the court lets that decision stand, it would send a grim
message to more than 200 thousand people who signed the petitions:
"We don't have a government for
the people. We don't have a government for the people, we don't have a
government by the people, rather we have a governing dictatorship, and that's
what we want to avoid."
Sanders
said the ballot drive complied with the rules, but, regardless, a technicality
should not keep voters from deciding the issue. Opponents of the referendum say
if the rules were not followed to the letter, the question should not be
allowed on the ballot.
Copyright 2012, MPRN
By Rick Pluta About 150 people met in Lansing Thursday to support a bill banning foreign or religious laws in Michigan. The measure would forbid courts from using such laws in their deliberations. A lot of the commentary at the meeting was directed against Sharia laws that are used in some Islamic traditions. Tom Craig of Spring Lake attended the rally. "The thing I'm concerned about is foreign influences in our court system. I think the United States was founded on its constitution, not the constitution or the will of some foreign country." The rally and the legislation was condemned by the Michigan Catholic Conference. The conference said the law could lead to courts meddling in religious affairs.
By Rick Pluta
The
state Court of Appeals says a Baptist pastor may not testify about the
confession allegedly made to him by a member of his congregation.
The
pastor summoned a teenager and his mother after learning the teen had been
accused of sexually assaulting a nine-year-old girl. During the course of the
meeting, the pastor said the teen confessed what he had done. The prosecutor
tried to use that against the teen once he was formally charged with a crime. The
defense tried to suppress the pastor's testimony, arguing there is a
confidentiality privilege between a cleric and a member of the congregation.
The
appeals court agreed and said the pastor's testimony cannot be used.
But the
court said its ruling is very narrow. It did not issue an opinion on whether a
pastor is barred from reporting a crime that's about to happen, or speak to authorities
about a concern based on a confidential conversation. That, the court said,
will be another case for another time. Copyright 2012, MPRN
By Rick Pluta
It is now up to the Michigan Court of Appeals to decide whether state financial review teams must meet in public. The court heard a challenge Thursday to determinations of financial emergencies in Flint and Detroit.
The teams' deliberations are one step in a process that can lead to state takeovers. In the cases of Detroit and Flint, those deliberations took place behind closed doors. Critics of the process sued, saying that violated Michigan's open meetings law. Eric Restuccia is an attorney for the state. He said the teams only offer advice and it's up to the governor to decide whether financial emergencies exist.
"The governor has the ultimate say. Nothing happens without the governor's say"
"There's hardly any public bodies that have as much authority as this where in which it would be even questioned whether they are a public body.
Attorney Andrew Paterson said the public deserves to know what goes into the decisions. Detroit is operating under the terms of a consent agreement with the state, while Flint is being run by an emergency manager.
Copyright 2010, MPRN
By Rick Pluta "Shame! Shame! Shame! ..." Those are shouts from the crowd as a state elections panel deadlocked on whether to put a referendum challenge to the emergency manager law on the November ballot. Both Republicans on the four-person bipartisan panel said opponents of the campaign successfully raised questions about whether the petitions were printed in the wrong font size. Democrats voted to put the question on the ballot. The deadlock means the question does not go to voters. Herb Sanders is the attorney for the Stand Up for Democracy campaign. He said the next stop is the Michigan Court of Appeals. "You know that some people put party lines over justice and democracy, so nothing surprises me at this point. But I am not deterred. I am determined." Said Sanders. Sanders said the petition is technically correct, and the board's decision deprives the 203 thousand people who signed the petitions of their right to challenge a law they don't like. Copyright 2010, MPRN
By Rick Pluta A medical marijuana user from west Michigan takes his case to the U-S Sixth Circuit Court of Appeals in Cincinnati Wednesday. The man said he was fired after testing positive for marijuana, even though he has a Michigan medical marijuana card. Joseph Casias said he never used marijuana at work, or showed up for his job at a Walmart in Battle Creek while under the influence of the drug. He was tested following a workplace accident. Casias said his use of medical marijuana, which is legal under state law, should not have cost him his job. Casius has sinus cancer and a brain tumor, and said using medical marijuana off the job relieves pain and nausea. He is asking the federal appeals court to let his lawsuit against Walmart go forward. A federal judge threw the lawsuit out of court this past February. He ruled the state's medical marijuana law is a defense against criminal prosecution. But he said it does not preempt employer policies that forbid drug use on or off the job. The medical marijuana law was approved by Michigan voters in 2008. Copyright 2010, MPRN
By Rick Pluta The state laws that bar school district from deducting union dues from employee paychecks is back in effect Monday. So is a law that forbids University of Michigan graduate assistants from forming a union are back in effect Monday The Michigan Court of Appeals has lifted a lower court order that gave Democrats in the Legislature a temporary victory in a procedural fight with Republicans. State House Democrats hauled Republicans into court two weeks ago. The Democrats accused Republicans of refusing to record roll call votes on a procedure that allows a law to take immediate effect as soon as the governor signs it. Otherwise, laws don't take effect until 90 days after the end of a legislative session, which usually comes in late December. Monday's court of appeals' temporary order ends questions on when the two laws are effective. It also means the House GOP majority does not have to change how does business when the Legislature returns to the state Capitol next week after its spring break. But the case isn't over yet. The Court of Appeals will hold a hearing on the substance of the Democrats' challenge to how Republicans run the state House of Representatives. Copyright 2010, MPRN
By Kevin Lavery
The Michigan Supreme Court has heard oral arguments in a case that questions the constitutionality of a Michigan State University ordinance.
In 2008, MSU law student Jared Rapp received a parking ticket on campus. Rapp reportedly yelled at the parking attendant, took his photo and demanded his name. The question arises as to whether MSU's ordinance prohibiting anyone from disrupting a university employee's official business is too broad, and whether it infringed upon Rapp's right of free speech. Rapp's attorney, Nick Bostic, said he hopes the court will strike down the ordinance.
"My preference would be that they simply tell the MSU Board of Trustees, 'this ordinance is off the books; if you need something that addresses this, write a new one, with these concepts in mind.'"
Ingham County Prosecutor Stuart Dunnings said this case differs from a federal precedent dealing with the right of police to make arrests if they're interrupted in their duties. Legally, the terms "interrupt" and "disrupt" have been interpreted differently.
By Steve Carmody
Four unions representing school employees have filed a federal lawsuit challenging a Michigan law that said school districts can't collect union dues through payroll deduction.
Doug Pratt is a spokesman for the Michigan Education Association. He said the law unfairly singles out teachers and other school employees...
"Police, fire, state employees, municipal workers, anybody else who is a public, who's unionized still has that ability. It's just school employees who were singled narrowed out in this."
Governor Snyder said the new law is meant to ensure "public transparency" and to make sure public resources are spent on their intended purposes. The governor's office issued a statement Wednesday saying "We believe the bill does adhere to the constitution and will respond to any questions the Court has on this issue through the legal process."
The law affects how more than 150 thousand Michigan school employees pay their union dues.
By Steve CarmodyA judge has issued a temporary injunction blocking a legislative maneuvers that state House Republicans have been using this year. The state House has passed more than 500 bills this year, with a provision that the bills take effect as soon as the governor signs them. State House Democrats sued, claiming the Republican leadership ignored their requests for votes to delay implementation of the bills. Attorney Michael Hodge represents the House Democrats. He said the House Republican leadership has been shutting out the minority party... "That's what they're doing with the immediate effect, they're cutting off the right of the people to petition for a referendum and to stop the law from taking effect until they've had a chance to vote on it." Monday Ingham County Circuit Court Judge Clinton Canady granted a temporary injunction blocking implementation of three bills, already signed into law by Governor Snyder, including one prohibiting a graduate student union at the University of Michigan. Copyright 2010, MPRN
By Rick Pluta The state Supreme Court has agreed to decide whether police officers in Michigan must end the conversation once a suspect asserts the right to remain silent. Kadeem Dennis White was brought in for questioning after a man was gunned down in what appeared to be a robbery attempt. White said he wanted to remain silent and the detective stopped asking questions, but he did not stop talking to White. Eventually, White responded to the detective's statements, saying he didn't mean to do it and it was an accident. White was charged with first-degree murder. The defense wants those statements thrown out, arguing the conversation was effectively a continuation of the interrogation after White asserted his Fifth Amendment rights. The prosecution argues the detective acted within the rules, and had no way of knowing that White might blurt out something incriminating. Copyright 2010, MPRN
By Rick Pluta Bills to add regulations to Michigan's voter-approved medical marijuana law are waiting on action from the Legislature when it returns from a two-week spring break. The Legislature needs three-quarters super-majorities to amend the law approved by voters in 2008. John Walsh chairs the House Judiciary Committee. He said one question is what to do when medical marijuana cardholders grow more than they need. "And I would much rather have that kind of overage going to a regulated dispensary or distribution center than into the unknown." The state Supreme Court will decide whether the law allows cardholders to buy or share marijuana at clubs and dispensaries. But Walsh said the Legislature should not wait on courts to rule. Lawmakers say they need to fill gaps in the medical marijuana law; although critics say they want to add restrictions never intended by voters. Copyright 2010, MPRN
By Rick Pluta The Michigan Supreme Court will decide whether the state's medical marijuana laws allows medical marijuana cardholders to sell to each other. In this case, the Compassionate Apothecary in Mount Pleasant was shut down by a local prosecutor as a public nuisance for facilitating patient-to-patient marijuana sales. The dispensary took a share of each sale. The state Court of Appeals ruled the only way people with medical marijuana cards can get medical marijuana is from a licensed caregiver or to grow their own. The decision shut down hundreds of marijuana clubs and dispensaries across the state. This is the third medical marijuana case the court has accepted since the law was approved by voters in 2008. Decisions are still pending on whether getting a medical marijuana card after being arrested is a legal defense, and whether a cardholder can be prosecuted for failing to keep his plants in a closed and locked place. Copyright 2010, MPRN
By Rick Pluta The Michigan Supreme Court, in a decision that breaks along party-lines, has upheld a state law that will let Republicans on the Oakland County Commission redraw their district lines. Democrats in Oakland County challenged the law. They say it was designed by the Legislature's Republican majorities only to affect Oakland County and only to help Republicans maintain their control over the county commission. The law allows the commission to scrap a redistricting map drawn by a panel led by Democrats. Oakland is one of Michigan's largest counties and has become a political battleground where Republicans and Democrats fight fiercely for every advantage. The Supreme Court said the law complies with the state constitution, regardless of whether it was designed to give one party a political advantage. The Supreme Court has a slim Republican majority. The court's three Democrats dissented from the decision. Copyright 2010, MPRN
By Rick Pluta Aides to Governor Rick Snyder say the state will ask the Michigan Court of Appeals to lift a judge's order that prohibits a deal between Michigan and Detroit to resolve the city's budget crisis. An Ingham County judge said the state cannot make any deals with Detroit until he decides late next week whether a state team reviewing Detroit's finances broke Michigan's open meetings law. Monday is the deadline for the review team to give Governor Snyder its recommendations. Terry Stanton is the governor's press secretary. He said that limits the options as the state has its own legal deadlines to meet. "Obviously, time is of the essence and what needs to be considered here, in the big picture is the fact that a financial crisis is still very much in place in Detroit." Stanton said attorneys are still sorting through the possibilities. But he said the fear is, if the order is not lifted, the governor's choices will be limited to doing nothing as Detroit is about to run out of money, or ordering a state takeover of the city. Copyright 2010, MPRN
By Rick Pluta A fight that pits Democrats in Oakland County against Republicans in the Legislature and Governor Rick Snyder is now before state Supreme Court. The issue is a state law that would toss out the Oakland County commission map drawn by a panel led by Democrats. The law would allow the Republican-led Oakland County Commission to draw a new map more to the G-O-P's liking. It would also shrink the size of the commission. Oakland County Democratic Party Chair Frank Houston brought the lawsuit. He said the state law was designed to affect only Oakland County, and was meant only to help Republicans in what he calls a "power grab." "It really is shameful." The Supreme Court is expected to rule soon. The law takes effect next week, and the deadline for candidates to file to run is just a few weeks away. The court has a slim Republican majority. Copyright 2010, MPRN
By Rick Pluta A federal judge is expected to approve a settlement Friday between states and some of the nation's biggest mortgage lenders. The deal is expected to net Michigan about 100 million dollars. Michigan Public Radio's Rick Pluta reports that state Attorney General Bill Schuette has a plan for how to use the money. Schuette said some states want to use the money to plug budget holes. But he said Michigan does not face a budget crisis, and the settlement is supposed to help people who have lost their homes or are at risk of losing their homes. "That's got to be the clarion call, it's helping people who have been victimized by the banks, or the scams, or are just hanging on right now." Schuette's plan calls for mortgage counseling for people facing foreclosure, restitution for victims of mortgage fraud, and assistance for homeless veterans and children. Schuette said that would use up 100 million dollars pretty quickly. It will ultimately be up to the Legislature to approve a plan for how to use the money. Copyright 2010, MPRN
By Rick Pluta The Michigan Court of Appeals has upheld a state rule that outlaws about 130 species of swine. But, the decision does not end the fight over regulating pigs. The rule is supposed to help the state halt the spread of feral swine, which is often blamed on exotic breeds that escape from hunting ranches and farms. But critics of the rule say it goes too far, in part, because it's hard to tell one breed of pig from another, especially after species inter-breed. Scott Everett represents pig breeders and hunting ranches. He said there are still a lot of questions on which pigs are legal and which are a banned species when the state starts enforcing the rule April first. "This reaches pretty deep. It depends on what a particular swine looks like, no matter whether it's in a hunting preserve or a small farm operation that's raising specialties meats." There are still other legal challenges pending on how the state will enforce the rule, and whether it amounts to the government illegally seizing property. Copyright 2010, MPRN
By Laura Weber Michigan's medical marijuana law is the focus of ongoing discussions at the state Capitol this week. Lawmakers are considering proposals that would add regulations to how users can grow and store medical marijuana, and could change how police officers gather information about medical marijuana I-D holders. Michigan Public Radio's Laura Weber has more. Republican state Representative John Walsh chairs the House committee discussing the medical marijuana proposals. He said he knows not everyone will be happy with the measures, but he said it's not his intention to dramatically alter the medical marijuana law as it was approved by voters. "We've worked hard to be as open as possible, and to prove to the skeptics that we're open minded." Supporters of medical marijuana say lawmakers are "nipping away at the edges" of the medical marijuana law by considering the changes. And they say they are particularly concerned with a proposal in the state Senate that would eliminate glaucoma as a medical condition that is treatable with marijuana. Copyright 2010, MPRN
By Rick Pluta
A judge has overturned a state law that scrapped Oakland County's new commission map and gave Republican elected officials the power to draw a new one.
The challenge was filed by Democrats who say the law was simply a G-O-P power grab.
The ruling is the latest chapter in a struggle for political power in the former Republican bastion that's now a battleground county. Republicans failed to overturn in court an Oakland County Commission district map designed by a redistricting panel dominated by Democrats. So, Republicans in the Legislature, on party-line votes , muscled through a bill that reduced the size of the county commission and shifted authority for drawing new district lines to the commission. It has a Republican majority. Republican Governor Rick Snyder signed the law, which applied only to Oakland County.
Ingham County Circuit Judge William Collette ruled the law violates the Michigan Constitution and the governor and the Legislature illegally interfered in a local political question.
The state could appeal the ruling.
By Rick Pluta A judge has ruled that state-appointed review teams looking into the finances of the city if Detroit and the Highland Park school district broke Michigan's open meetings law. The judge said review teams that can recommend state takeovers of local governments and school districts are public bodies that must operate in the public eye. The ruling by Judge William Collette said the state needs to re-launch its review of the Highland Park school district, and do so in public. But there are no immediate plans to remove the state-appointed emergency manager who was placed in charge of the district two and a half weeks ago. The ruling also said future meetings of the Detroit review team, which has yet to make a recommendation, must take place in public. The lawsuit was filed by Highland Park school board member Robert Davis. "This is a monumental victory for democracy." It's not clear what effect the ruling might have on the emergency managers already running four cities and the Detroit Public Schools. The state could appeal the ruling. The emergency manager law is also facing a separate court challenge, as well as a petition drive that seeks to put a referendum on the November ballot. Copyright 2010, MPRN
By Rick Pluta A measure to eliminate criminal penalties for possessing an ounce or less of marijuana in Detroit could be voted on by city voters this coming summer. The Michigan Court of Appeals said a Detroit elections panel made a mistake when it refused to put the question on the ballot in 2010. The appeals court overruled decisions by the elections panel and a judge, who said the initiative was not eligible for the ballot because it conflicts with state drug laws. Tim Beck is a marijuana advocate and organizer of the petition drive to put the question to voters. He is also one of the authors of the state's voter-approved medical marijuana amendment. Beck said the court decision is a victory for efforts to lift restrictive marijuana laws and for the ballot process. "The message is respect the rights of the voters and respect the rule of law." The city could appeal the ruling to the Michigan Supreme Court. If the ruling is upheld, the question would go to the city's August election ballot. In 2008, voters in Kalamazoo approved an initiative that instructed police to make enforcement of marijuana laws a low priority. Copyright 2010, MPRN
By Laura Weber
Dozens of judgeships throughout the state are slated for elimination in a package of bills under consideration at the state Capitol. The elimination of the positions was proposed by the Michigan Supreme Court last year as a way to cut costs in jurisdictions that do not need as many judges. The Legislature approved the part of a plan to eliminate 36 judgeship's Tuesday.
But Senate Majority Leader Randy Richardville said there is still work to be done on plans to downsize the judiciary.
"We've heard different objections from different members of our caucus and they had some suggestions on what they think would be a better plan, so we'll merge the plans before it's all over."
The proposals did not include any plans to add judgeship's in places where the Supreme Court says more judges are needed.
By Laura Weber The financial review team appointed to determine if Detroit needs an emergency manager can no longer meet in private. An Ingham County Circuit Court judge has ruled closed-door review team meetings violate the state's Open Meetings Act. Andrew Paterson is the lawyer who filed the suit against the state. He said financial review teams don't take minutes or record their meetings for the public. But he said the public should be allowed to follow the meetings because review teams hold a lot of power. Paterson said even though the ruling applies directly to the financial review team for the city of Detroit, it should set a precedent. "It certainly ought to send the message that any further meetings of any review teams are in violation of the Open Meetings Act." The state could appeal the ruling to the state Court of Appeals. Copyright 2010, MPRN
The ACLU is asking a court to at least temporarily block a state-wide ban on domestic partner benefits for public employees. The organization believes the ban unfairly singles out same-sex couples. Governor Rick Snyder said he approved the ban after the state Civil Service Commission added the benefits while the state was dealing with a financial crisis. However, ACLU Attorney Jay Kaplan said he's not sure the state will save much money by denying domestic partner benefits. "We're talking about three employees here, six employees there. It's a very, very small population." The ban applies to all domestic partners. That leaves heterosexual partners with a way out, says Maxine Thome with the National Association of Social Workers. But not same-sex partners. "Heterosexual couples that, for whatever reason, don't want to marry, it forces them to do that. For LGBT people, LGBT people can't marry. So there's no answer." State universities are exempt from the ban, but it does cover community colleges, public schools, cities and counties. A U-S Court of Appeals has struck down a similar ban in Arizona. Copyright 2010, MPRN
By Linda Stephan Leaders in Lansing have just made a big announcement, a partnership with an Upper Peninsula tribe that could bring a couple thousand permanent and temporary jobs to town. The Sault Ste. Marie Tribe of Chippewa Indians wants to build a 245 million dollar casino with three-thousand slots and nearly 50 gaming tables, right downtown. Some say a court battle over such a venture is likely to take years. WKAR's Kevin Lavery contributed to this report. And such a battle could raise a question of interest to people all over the state, that is: whether the Sault Tribe has the legal right to buy up land and put up a casino wherever it wants. That's what James Nye speculates the tribe is going for, building a casino so far from its traditional lands in the Upper Peninsula. He's a spokesman on this issue for two opposition tribes, the Saginaw Chippewa, which has a competing casino in Mount Pleasant, and the Nottawaseppi Huron Band of Potawatomi. "We think that the Sault Tribe is using Lansing to get to Romulus," he said. "Romulus is an area that the Sault Tribe has coveted for years, trying to open an off-reservation casino down there." The Sault tribe's legal argument over a Lansing Casino is not entirely clear yet, so Nye is speculating. But he said the Sault Tribe likely has an argument similar to the one being waged in court by another U.P. Tribe. This one involves a casino in northern Michigan, the small Vanderbilt Casino built by the Bay Mills Indian Community. "Bay Mills made it pretty obvious at that time that Vanderbilt was a stepping stone for them to go down to Port Huron and Flint and open up casinos downstate in the bigger gaming markets." But so far Bay Mills hasn't gotten very far with the courts. In fact, a federal judge shuttered the Vanderbilt Casino last year, at least temporarily. And the judge did so saying he didn't think Bay Mills has much of a case. The opposition tribes are threatening legal battles that would potentially be expensive to the tribes, the state and the city of Lansing. But Lansing Mayor Virg Bernero is touting the plan, which the tribe says would create 700 construction jobs and 15-hundred permanent, union casino jobs in the city. "I'm saying 12-to-24 months optimistically. I hope for the best. You know, the sooner the better." But legal expert Matthew Fletcher said this announcement feels like a publicity stunt. He's a member of the Grand Traverse Band of Ottawa and Chippewa Indians and he runs the Indigenous Law Center at Michigan State University. "It's going to take years and years," he said. "The best-case scenario would be at least 10 years before you'd have a casino." He said off-reservation proposals like this one are very political, and likely to see fierce opposition, not just from competing downstate tribes, but also from casinos in Detroit. And there are federal government hurdles to clear as well. But Roger Martin, a spokesman for the Sault Tribe, said not to worry. "We are very confident in our legal right to this process. The federal Land Claims Settlement Act gives us the absolute authority to follow this process, which we intend to do," he said. "We will be filing an application by this summer. We hope for an expeditious approval from the federal government. "After that comes more than 2,000 great jobs for Lansing, hope and opportunity for Lansing public school students and more revenues, hopefully, for the Sault Tribe and their member programs." Copyright 2010, MPRN
By Rick Pluta A coalition opposed to a proposed overhaul of Michigan's no-fault insurance law is headed to court. The group wants to know how much money no-fault claims cost ratepayers and the insurance industry. The insurance industry said Michigan's no-fault system, which offers unlimited lifetime medical benefits, is not sustainable. Trial lawyers, doctors and hospitals, and victim advocates say otherwise. Trial lawyer George Sinas said a state-created insurance group has data on injuries and payouts that could help settle the argument. "Data that allows us to test the validity, the accuracy, the reliability of the prognostications and forecasts by the industry that this house of cards is going to fall." Sinas's group has filed a lawsuit in an effort to force the Michigan Catastrophic Claims Association to release its numbers. Insurance companies say that information is not subject to disclosure laws. The data is used to set an annual fee paid by every driver to cover catastrophic claims. Copyright 2010, MPRN
By Rick Pluta Republicans in the state Legislature have proposed new restrictions and penalties on some types of union activities. Union leaders say the measures mark a pattern of attacks on organized labor. One of the measures would make it harder for unions to get dues deducted automatically from employee paychecks. Others would boost fines on public unions and workers who go on strike, and make it easier for employers to sue picketers for interfering with a business. Republican state Representative Tom McMillin said, "We're just saying that we really mean it when it's illegal." But union leaders said strikes are already extremely rare, it's been years since a public employee walkout. Michigan A-F-L C-I-O attorney Mary Ellen Gurwitz said the measures are really about intimidation. "It's a way of harassing the union." Gurwitrz said much of what's in these bills has been declared illegal by federal courts and she hinted at possible legal action if the measures are signed into law. Copyright 2010, MPRN
By Rick Pluta The Michigan Supreme Court has ruled an Upper Peninsula mining company is not legally responsible for maintaining an intersection heavily traveled by its trucks, or for the critical injuries suffered by a bicyclist who lost her balance at the rough juncture. Debra McCue was tossed from her bike while riding in the DALMAC bicycle tour along the southern edge of the Upper Peninsula. She hit a rough patch at an intersection with a private gravel road owned by the O-N Minerals Company. It is commonly used by the company's trucks and bulldozers. The Supreme Court earlier dismissed the family's lawsuit against the state Department of Transportation because McCue had signed a waiver. The Supreme Court's Republican majority said the private company had no duty to maintain the intersection, even if it was responsible for wearing it down to the point where steel support beams were exposed. The court's Democrats dissented. Justice Michael Cavanagh wrote that, at the very least, the mining company should have informed the state about the condition of the intersection. Copyright 2010, MPRN
By Rick Pluta The Michigan Supreme Court will decide whether Michigan State University can continue to enforce its rule against harassing its employees as they do their jobs. Jared Rapp confronted and yelled at a university employee in an M-S-U parking garage after found a ticket on his car. The employee felt threatened and called the campus police. The employee sat in his car waiting for the police to arrive while Rapp hovered outside the vehicle and snapped pictures with his mobile phone. Rapp was charged with a misdemeanor and was later convicted of violating a university rule against interfering with M-S-U employees. A judge reversed the conviction. He said the rule is so vague it would be hard for a reasonable person to know if they broke the law. The rule has been upheld by the state Court of Appeals, though, and the prosecutor hopes the Michigan Supreme Court will do the same. Copyright 2010, MPRN
Rick Pluta The Michigan Supreme Court heard a case Tuesday where an African-American man claims he was denied a fair trial because of a computer error. The error caused fewer jury notices to go to households in African-American neighborhoods. Ramon Bryant is challenging his convictions on charges of criminal sexual conduct, stealing 90 dollars, and possession of marijuana. Bryant said he was denied a trial before a jury of his peers that is guaranteed by the Sixth Amendment. The question is whether the unintentional exclusion of African-Americans from the jury pool entitles Bryant to a new trial with a new jury. A computer error caused fewer jury notices to be sent to Zip Codes in Kent County with higher minority populations. The prosecutor said the mistake was accidental, there was no intentional design to exclude African Americans from the jury pool, and there are other explanations as to why so few African Americans reported for jury duty. Bryant said it makes no difference whether the mistake was intentional. Copyright 2010, MPRN
By Rick Pluta The state commission charged with the task of ensuring adequate legal representation for criminal defendants with court-appointed lawyers heard hours of testimony Friday at a hearing in Lansing. The commission was told taxpayers and, often, children pay the costs of a poor indigent defense system. The commission has until July to recommend ways to fix a system ranked among the worst in the country. David Carroll is a researcher with the National Legal Aid and Defender Association. He said teenagers are among those likely to make plea deals without ever seeing a lawyer. He said that means they can be punished without getting substance abuse treatment or other help they need. "You're really asking for continued bad behavior, recidivism and, in fact, an increase, an escalation of that bad behavior that will probably land them in the adult system down the road." Carroll said states that have low per capita spending on indigent defense are often the same states with the highest incarceration costs. Michigan ranks 47th in the nation in spending on indigent defense. It ranks fourth highest in spending per capita on prisons and corrections. Copyright 2010, MPRN
By Rick Pluta The state Court of Appeals has upheld the parole of a convicted murderer over the objections of the judge who sent him to prison. Phillip Paquette was convicted of stabbing a man to death at a party in the summer of 1994. Paquette maintains to this day he is innocent and acted in self defense. While in prison, Paquette committed a string of infractions, but the pattern of misconduct ended in 2004. Paquette became eligible for parole last year, and the Michigan Parole Board granted his request to be released. The judge that sentenced Paquette objected, citing Paquette's record of misconduct and insistence that he's innocent. Paquette took his case all the way to the state Supreme Court which returned the case to the Court of Appeals. The Court of Appeals noted Paquette went six years without a violation, and has expressed sorrow for the killing. The appeals court reversed the judge and said Paquette is to be paroled. Copyright 2010, MPRN
By Rick Pluta The state Supreme Court has refused to hear the case of a man who claims he was assaulted by two police officers and a police dog while he was in the throes of an epileptic seizure. That leaves standing a lower court ruling that the officers acted within the scope of their authority. The two Lincoln Park police officers were responding to 9-1-1 calls that a car was speeding on the highway and riding on three tires, with sparks flying off the rim of the wheel without a tire. Ronnie Norris said he suffered the seizure while driving which is why he ignored sirens and lights and orders to leave his vehicle. Once Norris was stopped, he fought the officers as well as a police canine before he was pulled from the vehicle and handcuffed. Norris said he recovered from the seizure on the back of the police car with no memory of what had happened. Norris sued, saying the incident caused post-traumatic stress and a new fear of dogs and police officers. The Supreme Court let stand a Michigan Court of Appeals decision. It said the officers acted reasonably and within their discretion in a potentially dangerous situation. Copyright 2010, MPRN
By Rick Pluta The state Court of Appeals has ordered a trial to go forward in the case of a man charged with murdering a man during a robbery gone awry. The court said a detective investigating the case did not violate the man's Fifth Amendment rights by continuing a conversation after the defendant invoked his right to remain silent. The detective stopped asking questions once Kadeem Dennis White invoked his Fifth Amendment right to remain silent. But the detective continued to try to engage White in a conversation. During that brief conversation, White blurted out that he never intended to shoot the victim. The prosecution tried to use that admission against White in court, but the judge ordered the statements could not be used. The court of appeals reversed that decision, and said White knowingly waived his right to remain silent when he spoke to the investigator. It was a two-to-one split decision by the appeals panel. One dissenting judge argued that continuing to try to engage White in a conversation was the functional equivalent of an interrogation that should have stopped once the defendant said he would remain silent. The defense could appeal the case to the Michigan Supreme Court. Copyright 2010, MPRN
By Laura Weber Michigan Attorney General Bill Schuette has filed racketeering and bribery charges against a former fire chief in Pontiac. Schuette has filed many corruption charges against public officials since he took office in January. John Sellek with the attorney general's office said Schuette wants to make good on a campaign promise to weed out corruption among public and state officials. Sellek said Schuette created a public corruption unit when he took office at the beginning of the year. "And since that's been in place since January of this year we've now filed over 100 charges because of these special efforts." Adding to that list of charges are those against the former fire chief in Pontiac who allegedly solicited and accepted bribes from a bar owner to ignore fire code violations. The charges are a result of an F-B-I investigation. Copyright 2010, MPRN
Rick Pluta The state Supreme Court said it wants more information before it responds to Governor Rick Snyder's request for a speedy ruling on whether Michigan's new emergency manager law is constitutional. Governor Rick Snyder took the unusual step of asking the state Supreme Court to take the case without waiting for lower courts to rule first. The lawsuit was filed on behalf of a group of voters from several cities who say the emergency manager law violates separation of powers and their right to self-government. The law made it easier for the state to appoint emergency managers, and dramatically expanded their authority over the local governments they are supposed to fix. The Supreme Court gave both sides until mid-December to file arguments on why the justices should circumvent the usual path of a lawsuit through the appeals process, and why they should win in the end. There is also a petition drive underway to call a referendum challenge to the emergency manager law. Copyright 2010, MPRN
By Rick Pluta The Michigan Court of Appeals has cleared the way for the state to cut off cash assistance welfare benefits to 11 thousand families starting Friday. The court lifted an injunction issued earlier this week ordering the state to continue paying the benefits. Officials at the state Department of Human Services say the cases will be closed and payments to the families' Bridge Cards stopped. The lawsuit claimed the department was acting too aggressively to enforce state and federal time limits on families collecting benefits. Brian Rooney is a deputy director at the Department of Human Services. He said Michigan risks losing federal funds for failing to hit targets to get people on assistance into jobs or job training. "And this takes a large step towards meeting that goal and that is enforcing the fact that this is a temporary program for assistance to help families get to self-sufficiency." Advocates for the families losing benefits say there are other ways to reach those goals without the cutoff of payments that will affect 29 thousand children. They say an emergency appeal to the state Supreme Court is an option. Copyright 2010, MPRN
By Rick Pluta The Michigan Court of Appeals has that inmates are not necessarily entitled to Miranda warnings when they are being investigated for alleged lawbreaking in prison. Typically, Miranda warnings that a suspect has the right to remain silent and have an attorney present have to be given once a person is detained and no longer free to leave. In this case, suspected gang member Burton Cortez was handcuffed and questioned after guards found two metal shanks in his cell during a lock-down search of the state prison in Carson City. With a recorder running, Cortez acknowledged the blades were his, and admitted he sold a third shank to another inmate. Prison officials said the main purpose of their interrogation was to gain information to help restore order following a string of gang-related fights, and to root out a plot to murder a guard. That was enough for the trial court, and the Court of Appeals to deny Cortez's motion to suppress his confession and the tape. The courts said Miranda warnings are not necessary when prison officials' top focus is to keep the peace, and not to determine whether a crime has been committed, or who is responsible. © Copyright 2010, MPRN
By Rick Pluta Five Great Lakes states are waiting to hear whether the U-S Supreme Court will hear their case calling for more decisive measures to keep invasive Asian carp from reaching the Great Lakes. Michigan, Wisconsin, Ohio, Minnesota, and Pennsylvania filed the request this week. The Great Lakes states want the U-S Army Corps of Engineers to quickly wrap up its study of how to keep Asian carp from escaping the Mississippi River system via Chicago-area shipping canals. The corps is one of the main agencies responsible for the locks. John Sellek is the spokesman for Michigan Attorney General Bill Schuette. "What we really want is to have the Army Corps of Engineers speed up their study. They are taking up to five years or longer to look at this and every minute that goes by could be another fish that's getting through those canals in Chicago, so what we're requesting is they speed that up to 18 months at the longest." In the mean time, the Great Lakes states are also asking the nation's high court to order the corps to string nets across some smaller waterways that could be escape points for the carp. At the same time, Michigan and 17 states along the Great Lakes or the Mississippi are pushing for a total physical separation of the water systems so invasive species cannot easily travel in either direction. © Copyright, 2010 MPRN
By Rick Pluta A state commission began work this week to ensure that everyone who is accused of a crime in Michigan gets an adequate legal defense. Michigan allows every county to handle its own public defender system. The system is frequently cited as one of the worst in the country. That's because some counties do a good job of ensuring that even people who cannot pay get a good lawyer. Other counties are more haphazard. There are also no training standards for public defenders. Retired Judge James Fischer chairs the commission. "I think you would be hard-pressed to find anyone who would argue that there are no problems with the system, that it's working perfectly fine for everyone. I'm pretty certain that's not going to be anyone's position." The commission's first step was to approve a set of questions for every county to answer on how it assigns and pays public defenders. One of the common complaints is that public defenders must take on too many cases to earn a living. © Copyright 2010, MPRN
By Chelsea Hagger Michigan's top judicial official said the state has too many judges, and some of their positions should be eliminated. Michigan Supreme Court Chief Justice Robert Young has presented a plan to do that to the state House Judiciary Committee. Chief Justice Young said a Supreme Court study found there are courts with workloads that no longer justify the number of judges they have. The report recommends eliminating 45 positions over several years. Young said some judges don't agree with the proposed cuts. But, he said most have accepted the reality that courts are too expensive and have too many judges. "It may not be something all members of the judiciary relish, but I think most of us recognize it's necessary." Young said Michigan taxpayers are paying more than they should be. He said he wants to make cuts in ways that won't compromise the integrity of the judicial system and assurances that people are getting fair trials. © Copyright 2010, MPRN
By Rick Pluta A court has thrown out a lawsuit by Michigan Attorney General Bill Schuette's lawsuit. Schuette wanted to block a new policy that allows unmarried state workers to put live-in partners on their insurance plans. The attorney general went to court after attempts by Governor Rick Snyder and Republicans in the Legislature failed to halt the new benefits for unmarried live-in partners which includes people in same-sex relationships. The independent state Civil Service Commission earlier this year approved contracts with state employees that allow live-in partner benefits. The court said the commission acted within the scope of its authority when it approved the contracts. But it's not settled that state employees will be able to continue to list domestic partners and their children as dependents on their benefits plan. The attorney general could appeal the court ruling. A state Senate committee has also approved legislation that would ban public employers such as the state, school districts and universities from offering contracts that allow unmarried partner benefits. © Copyright 2010, MPRN
By Rick Pluta Governor Rick Snyder has ordered a review of how Michigan ensures that people charged with crimes are properly represented in court even when they cannot afford to pay an attorney. Michigan's criminal justice system is often ranked among the worst in the country because it does not guarantee poor people get a proper defense. Michigan has long been criticized for a patchwork of standards where every county pays for and handles its own indigent defense system. Too often, court-appointed defense attorneys are poorly trained, inexperienced, and too overworked to do a good job of representing their clients, said Shelli Weisberg of the American Civil Liberties Union. "It depends on what county you live in as to whether you're going to get good representation if you're in the criminal justice system, and that's just not fair." Weisberg said that means there are people in jail and prison who should not be and, in some cases, people who committed crimes remain free. The A-C-L-U filed a class action lawsuit against the state four years ago. The A-C-L-U wants a judge to declare Michigan is violating the state and federal constitutions by denying defendants adequate legal counsel. Copyright 2010, MPRN
By Rick Pluta A state Supreme Court justice is refusing to remove himself from hearing a challenge to the Michigan's tough new local emergency manager law. Supreme Court Justice Steve Markman said he has no conflict of interest even though his wife worked on a challenge to the law in federal court. Kathleen Markman is an assistant state attorney general who did what was described as procedural work to defend the law against the federal court challenge. She has since been removed from the case. State Supreme Court Justice Stephen Markman said that eliminates any potential conflict although he also said there is no reason to believe his actions on the state case would influence the federal decision or vice versa. Michigan Supreme Court justices determine on their own whether or not they have a conflict in a case. If Markman had removed himself, that would leave the court evenly divided between Republicans and Democrats hearing the challenge. Markman is a Republican. Republican Governor Rick Snyder has asked the state Supreme Court to take up the challenge to the constitutionality of the state takeover law without waiting for lower courts to rule. Copyright 2010, MPRN
By Rick Pluta The state Supreme Court is being asked to reverse a lower court decision that shut down most medical marijuana dispensaries in Michigan. The owners of a medical marijuana dispensary in Mount Pleasant are challenging a Michigan Court of Appeals ruling that shut down their business and quite possibly hundreds of others. There is no specific count of how many dispensaries were operating in Michigan before the decision. The dispensary owners said the appeals court ignored the will of the 63 percent of Michigan voters who approved medical marijuana for people with terminal or chronic conditions. The appeals court said dispensaries were not authorized by the 2008 ballot measure, and are illegal under the state public health code. The dispensary operators say the decision denies people who can't grow their own marijuana relief from pain and nausea. The Supreme Court still has to make a decision on whether to hear the case. But it has already accepted two other medical marijuana appeals. Copyright 2010, MPRN
By Rick Pluta A coalition of African-American and civil rights groups is expected to challenge Michigan's new congressional and legislative district maps approved earlier this year by the Republican controlled Legislature. The leader of a group of African-American lawmakers say he expects the lawsuit to be filed in federal court by the end of the month. State Representative Fred Durhal chairs the Michigan Legislative Black Caucus. He said the new maps violate voting rights laws. He said that's because they diminish the voting power of urban minority voters and the evidence of that is how many Democratic incumbents from minority districts will be forced next year to run against each other. "We want to see new lines drawn that are more fair than the lines that we have and that recognize and allow all African-American and minority citizens in this state to be able to participate in the franchise." Republican leaders say a court challenge to any redistricting plan is normal, and was entirely expected. G-O-P leaders say the maps reflect population shifts, and they were very careful to comply with the law. Copyright 2010, MPRN
By Rick Pluta The state Supreme Court will decide whether a man accused of raping two children was denied a fair trial because one of the victims testified from behind a screen. The defense and the prosecutor agreed there are times when it's in the best interest of a child to forgo a face-to-face courtroom confrontation. In this case, though, the attorney for Ronald Rose said having an eight-year-old victim testify from behind a screen was not fair because it made the jury much more likely to believe he was guilty. "It is a, in all due respect, judicially sanctioned prop to ensure that the jury knows clearly that this victim is terrified of the defendant." Grabel said an alternative such as videoconferencing the testimony would have been better. The prosecutor argued the screen did not prejudice the jury more than any other option, and it should be up to a judge to decide what's an acceptable compromise to protect both the young victim of a crime from the trauma of testifying and the defendant's right to a fair trial. Copyright 2010, MPRN
By Laura Weber A state Senate panel has approved a measure designed to make it more difficult for a pregnant minor to have an abortion. The proposal would prevent young women from so-called "judge-shopping" if one court denies her request to have an abortion without parental consent. Mary Pollock is with the National Organization for Women. She said the proposal works against pregnant teens who don't want to have a baby. "Some teens fear that if their parents are told of their pregnancy, they will take actions to prevent the procedure and force them to complete the pregnancy." Pollock said some teens will hurt themselves as they try to end pregnancies on their own. The Legislature is also expected to send a ban on a controversial later-term abortion procedure to Governor Rick Snyder for his approval. Copyright 2010, MPRN
By Rick Pluta The Michigan Supreme Court has agreed to hear two cases on whether people who use a family vehicle without permission are covered by no-fault benefits if they are injured in a crash. In one case, Ryan DeYoung was excluded from his wife's insurance policy. In September of 2008, he got drunk, took his wife's car without permission and crashed the vehicle. The hospital and recovery center billed the insurance company, which denied the claim. The insurance company is challenging an appeals court ruling that said DeYoung was covered under "joyriding" clause that typically covers teen-aged drivers who take their parents' vehicles without permission. In a separate case, an insurer is challenging a ruling that Craig Smith Junior was covered for injuries for injuries he sustained when he crashed his father's S-U-V into a tree while driving drunk. Smith did not have a valid license, and had been told not to drive the vehicle. The insurance company tried to deny coverage because Smith broke the law when he took the wheel of his parent's car. © Copyright 2010, MPRN
By Rick Pluta The Michigan Court of Appeals has rejected the legal defense of a man who got a medical marijuana card after he was busted for possession. As we hear from Michigan Public Radio's Rick Pluta, the court struck down a defense against marijuana charges that's been tried in several Michigan counties. Brian Reed's home was raided after a police drug team spotted six marijuana plants growing in his backyard. Reed said he never got a medical marijuana card because his regular doctors work for a clinic that would lose its federal funding if they prescribed marijuana to patients. Between the raid and when he was formally arrested and charged, Reed got a different doctor's approval and a state-issued medical marijuana card as a treatment for chronic back pain. Reed said that should be enough to protect from prosecution under Michigan's medical marijuana law, which was approved by voters in 2008. The appeals court upheld a lower court ruling, and agreed a person busted for marijuana possession cannot use getting a doctor's permission after the fact as a legal defense. © Copyright 2010, MPRN
By Rick Pluta The Michigan Court of Appeals has rejected former Detroit Mayor Kwame Kilpatrick's challenge to a lower court order that seizes his book sale profits to pay his restitution to the city. The former Detroit mayor is on a national tour to promote the personal chronicle of his rise and fall. His lawyers argued that putting all the proceeds into an escrow account until his debt is paid deprived Kilpatrick of his First Amendment rights. The argument is that taking money from the book sales discourages Kilpatrick from speaking about his experience as mayor, his trial, and prison. Michigan law forbids felons from making money from telling their stories until they've taken care of all their restitution and victim's compensation payments. Kilpatrick owes the city 860 thousand dollars. He could appeal the decision to the state Supreme Court. Since his release from prison, the former mayor has been living in a Dallas suburb. © Copyright 2010, MPRN
BY RICK PLUTA The state Court of Appeals has ruled the Legislature illegally used a technicality to take back a three percent pay raise for state employees. If the decision stands, state employees will get 60 million dollars that was taken from their paychecks returned. The Legislature and then-Governor Jennifer Granholm adopted a plan last year to require state employees to contribute 3 percent of their paychecks toward their retirement health care costs. That was after the Legislature failed to block a 3 percent pay raise for state workers. That raise had been approved by the independent state Civil Service Commission. State employee unions sued, arguing the Legislature and the governor did an end run around the state constitution and the authority of the commission. Governor Rick Snyder will make a decision soon on whether to appeal to the Michigan Supreme Court. He said a fix is needed to address a shortfall adding up to billions of dollars in the state employee retirement fund. © Copyright 2010, MPRN
BY RICK PLUTA The Michigan Court of Appeals said medical marijuana dispensaries and the sale of medical marijuana are illegal in the state. The court ruled there is nothing in the 2008 voter-approved law that allows either. As we hear from Michigan Public Radio's Rick Pluta, the court declared the clinics a "public nuisance." The ruling appears to give local prosecutors immediate clearance to ask courts to shut down marijuana dispensaries. In this case, the Isabella County prosecutor went to court in an effort to shutter a clinic that charged fees to facilitate medical marijuana users sharing with each other. Matt Taylor is one of the owners of the Compassionate Apothecary in Mount Pleasant. "I firmly believe that we fulfilled the spirit of the law while abiding by the letter of the law." Taylor said his operation will remain open for now, but he expects the ruling will force some clinics to close. He says no decision has been made on appealing the decision to the state Supreme Court. Michigan Attorney General Bill Schuette and some state lawmakers are seeking tighter controls over medical marijuana dispensaries. The state Supreme Court also has two medical marijuana cases on its docket. © Copyright 2010, MPRN
Faculty at CMU were in the classroom yesterday after a walk-out Monday when the union declared a full work stoppage.
Instructors were ordered back to the classroom when a judge filed a temporary restraining order Monday afternoon.
Now the faculty and the university are likely preparing for a number of pending actions.
Both sides will be in court Friday as the judge that ordered faculty back to work will hear arguments for and against a permanent injunction ending the strike.
.
Then on September 7, both sides will present their cases to a fact finder. He'll examine the evidence and make a non-binding recommendation on how negotiations may proceed.
And at some point, officials say, in the near future, the two sides will appear before the Michigan Employment Relations Commission the M.E.R.C to discuss the legality of the walk-out.
Ruth Ann Okun is director of the MERC.
She said there is a narrow parameter that may make the work-stoppage legal.
"In general strikes by public employees are illegal, that's always been the case. But there was some language in, I believe it was, a court of appeals case some time ago that left a little bit of a door open as to whether striking in protest of an unfair labor practice, whether in face that was illegal."
There were no new talks yesterday in the faculty dispute, but also no new pickets or protests.
Again, the next scheduled activity will be the circuit court appearance on Friday.
BY RICK PLUTA The Michigan Civil Rights Commission has filed a brief with a federal appeals court in Cincinnati. It opposes an effort by Republican state Attorney General Bill Schuette to get the court to uphold Michigan's ban on using race or gender in admissions decisions. A panel of the U-S Sixth Circuit Court of Appeals struck down the ban on affirmative action in admissions policies last month. The Michigan attorney general is now asking the entire court to reconsider and reverse that decision. He said the court should give deference to the wishes of Michigan voters who approved the ban in 2006. The Civil Rights Commission is an independent agency. The members of the commission were all appointed in recent years by Democrat Jennifer Granholm when she was governor. The brief filed by the commission says universities not voters should be trusted to make decisions in the best interests of their students, and it was unconstitutional to single-out admissions policies dealing with race and gender diversity on the ballot. There is no word on when the court may decide whether to reconsider the decision. © Copyright 2010, MPRN
BY LAURA WEBER Governor Rick Snyder has requested that the Michigan Supreme Court review a lawsuit against the state's emergency manager law. That would mean bypassing lower court proceedings. Governor Snyder said the state faces "severe financial difficulties" that require "swift resolution" the lawsuit. Governor Rick Snyder's spokeswoman, Geralyn Lasher. "Time is absolutely of the essence when it comes to the financial stability of our communities and of our schools." The Sugar Law Center sued to overturn the law. It claims the sweeping powers granted to emergency managers are unconstitutional. Tova Perlmutter of the Sugar Law Center said making executive decisions and rushing the democratic process is bad for the state. And she said that approach is what spurred the lawsuit in the first place. "A state and a society are about human beings coming to joint decisions about issues that affect them all." Perlmutter said the law center will file its response to the governor's request with the Supreme Court soon. It's unclear how quickly the justices will make their decision whether to take the case. © Copyright 2010, MPRN
BY LAURA WEBER The Michigan Supreme Court recommends the number of trial court judges in the state be reduced by nearly eight percent. The justices unanimously supported a recommendation to eliminate the judge-ships. The recommendation is to eliminate 45 trial court judge-ships and four Court of Appeals judge-ships. The plan would be to eliminate the positions as judges retire or leave their posts. And it appears to have broad support from judges associations to the governor. Michigan Supreme Court Chief Justice Robert Young said recommendations such as these rarely have such sweeping support. "So now we have the sun and the moon aligned, now we just need to stars in the Legislature to make this a reality." Justice Young said the Legislature has not been keen on eliminating judge-ships in the past. But he said now is the time to correct years of poor distribution of judges. Eliminating the four Court of Appeals judgeship's alone could save the state an estimated 700-thousand dollars per year. © Copyright 2010, MPRN
Michigan
State and Wayne State universities could face budget sanctions for violating
tuition restraints. As we hear from Michigan Public Radio's Rick Pluta, Wayne
State officials were called in to testify Wednesday before a legislative
subcommittee.
Wayne
State officials said there was no intent to evade tuition restraints, echoing a
similar claim by M-S-U officials when they were called in to testify earlier
this summer. Most public universities increased their fall rates at or below
the 7 percent cap set by the Legislature compared to tuition set for the fall
term of last year. But M-S-U and Wayne State compared their fall tuitions to
summer rates, which had just been increased. That did not sit well with state
House universities budget chair Bob Genetski. "They know that the very
spirit of the legislation has been violated and that our efforts to protect
kids in tuition-paying families were violated, as well."
Genetski
said he hopes M-S-U and Wayne State will reconsider their tuition hikes. If
not, Genetski said he'd support going back and cutting state funding for the
two schools even more.
Michigan Attorney General Bill Schuette has requested a panel of judges reaffirm that affirmative action is unconstitutional.
As Michigan Public Radio's Laura Weber reports, the request comes after U-S Court of Appeals decision earlier this month that ruled banning affirmative action is unconstitutional.
The U-S Court of Appeals ruled that the Michigan constitutional amendment that bans affirmative action in public university admissions violates the 14th Amendment of the U-S Constitution. Attorney General Schuette said the ruling makes no sense.
"And it was a nutty decision that in essence said it is racially discriminatory to prohibit racial discrimination."
Schuette has asked a larger panel of judges to overturn the Court of Appeals decision, and expects to have an answer this fall. He said universities should accept students based on achievement and the state should make sure all K-through-12 students graduate with a good education, no matter where they live or what their ethnicity.
But the University of Michigan was a major voice in the fight to protect affirmative action. And representatives from the university and the American Civil Liberties Union said they hope the panel denies Schuette's request.
The Michigan Supreme Court has refused to hear a custody dispute between two women. As Michigan Public Radio's Rick Pluta reports, that lets stand a lower court ruling that people in same-sex relationships do not have custody rights over children they helped raise.
Michigan does not recognize same-sex marriages or civil unions. Nor does it allow couples who are not married to adopt children together. The Michigan Supreme Court let stand a state Court of Appeals ruling that said Renee Harmon has no legal right to parenting time with the children she helped raise for nearly a decade before her relationship with Tammy Davis broke up. The Republican majority on the court let the decision stand with a terse and standard order that said it saw no reason to take the case.
But the dissent from Democrats led by Justice Marilyn Kelly said the case raises significant issues regarding the state constitution and parents' rights that have never been considered before, and it deserves a hearing and a ruling from the state's highest court.
The state Supreme Court said convicted sex offenders must register a domicile with the state even if they have no home address. As we hear from Michigan Public Radio's Rick Pluta, the decision divided the court's Republican and Democratic justices.
The law states that convicted sex offenders have to update the local police within 10 days of changing where they live. Randall Dowdy was charged with violating the law after he was kicked out of a Volunteers of America shelter. Two lower courts agreed it was impossible for Dowdy to comply with the requirement.
The Supreme Court's majority opinion was written by Republican Chief Justice Robert Young. He said the sex offender registry law is meant to help police and the public keep track of potentially dangerous people. He said the law does not require a street address, and information such as a street corner or a park where the homeless sex offender typically sleeps is sufficient. The Democratic minority said requiring a homeless man to provide an address when he doesn't have one violates common sense.
A father and son; both chiropractors from West Branch, are facing poaching charges. Dr. Stephen Ward Kimball and Dr.Zachary Allen Kimball are charged with one count of taking deer before the firearm season and another count of illegal deer baiting. The maximum penalty for each count is 90 days in jail along with $1,000 dollars in fines and a three year hunting license suspension.
"It is fairly widespread; there are different levels of poaching. Based on the type of animal, how many animals, methods and so on and so fourth. It is a pretty widespread thing, particularly in the rural areas of Michigan" said Gutierrez.
Guiterrez said the case is still in the court process so only limited facts can be released. "We just have to give them their day in court as all subjects are innocent until proven guilty" said Gutierrez. Both doctors have pled not guilty to the allegations.
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio NetworkThe Michigan Supreme Court has canceled plans to hear arguments on any more cases this year. The court has moved its December docket to January, when the court's majority will switch from the Democrats to the Republicans. Democratic Justice Alton Davis lost the November election and will be replaced on the court by Republican Justice-elect Mary Beth Kelly. Davis will not have enough time to decide cases if they are heard in December. The new majority will face a case that asks whether a local prosecutor can pursue criminal charges against the Meijer Corporation for election law violations, or if only the state can prosecute campaign law violations. Another case features a former Detroit mayoral press secretary and a former deputy police chief who are suing rapper Doctor Dre's production company, Aftermath Enterainment. They said Aftermath Entertainment violated Michigan's eavesdropping law when the company used a backstage faceoff between city officials and producers of the 2001 "Up In Smoke" tour as part of a concert video. Other cases inlcude criminal appeals, medical malpractice claims, and personal injury lawsuits. © Copyright 2010, MPRN
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio NetworkRichard Short, a convicted embezzler, persuaded state officials to award him a 9 million dollar tax break will face fraud charges. Genessee County Prosecutor David Leyton said it appears Short created a sham corporation and used fake documents and big promises to win state backing. Even though no money changed hands, Short could have used the state's promise to swindle investors, Leyton said. "Corruption undermines people's faith and confidence in government. In this instance, the defendant, Richard Short, has fleeced the people of the state of Michigan," he said. Short never got the chance to cash in on the tax break and is in jail awaiting trial on separate embezzlement charges. However, taxpayers were still hurt by the alleged scheme, Leyton said. "The state issues only 400 million dollars in tax credits and 9 million were gone from that 400 million dollar pot. If we had not caught him the people would have been out 9 million dollars. Just because you catch a bank robber doesn't mean he didn't rob the bank," he said. The episode was also involved Governor Jennifer Granholm, who shared a stage with Short to announce the tax incentive. © Copyright 2010, MPRN
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio NetworkAn Upper Peninsula judge has dealt a setback to a veterans' club that's challenging Michigan's smoking ban. Baraga County Judge Charles Goodman said it does not appear the Legislature exceeded its authority when it placed a ban on smoking in the workplace. Goodman said the American Legion Post 444 must comply with the law. His preliminary ruling does not stop the lawsuit from moving forward. The ban, however, has Legion Member Joseph 0-Leary upset and willing to fight until the ban is reversed. "The post really feels strongly that this is an intrusion on private property rights and (our members) served this nation, it's not the principles they were fighting for so that's why they entered the fight," O-Leary said. Furthermore, O-Leary said he believes the law discriminates against most state businesses because it allows smoking in Detroit three casinos. Anti-tobacco groups said they're confident the law will be upheld. It took effect almost six months ago. Judy Stewart is with the Michigan Campaign for Smoke-Free Air. She cheered the ruling for upholding the law. "(The law) protects the majority of Michigan workers from the deadly effects of second-hand smoke. Nobody should have to choose between their health and a paycheck. They shouldn't have to decide whether or not they're going to go to work and breathe second-hand smoke and put themselves at risk for a number of deadly diseases," Steward said. O-Leary said the post will comply with the judge's ruling. But he expects the case will be appealed to higher courts no matter who wins the "first round." © Copyright 2010, MPRN
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio NetworkLANSING -- A study commissioned by local governments says Michigan's voter-approved medical marijuana law has so many holes it should be scrapped and re-written. According to William Matheson with the Michigan Municipal League, the only way that will happen is if and when a federal judge rules state medical marijuana laws are preempted under the U.S. Constitution by federal drug laws. But he says local governments should not wait to enact medical marijuana ordinances. "It's going to take a long time for that to develop probably and in the meantime," Matheson said, "local officials and local communities need to make sure that their community standards and the health, safety, and welfare of citizens in that community are protected." Challenges in other states have had mixed results. It would take three-quarter majorities in both chambers of the Michigan Legislature to amend the medical marijuana law. It was overwhelmingly approved by two years ago by Michigan voters. © Copyright 2010, MPRN
LANSING -- Michigan Supreme Court Justice Elizabeth Weaver is expected to announce her resignation from the state's high court Thursday afternoon.
Weaver told the Traverse City Record-Eagle that she intends to step down if the governor agrees to name an "independent justice" from northern Michigan to the court.
Weaver and Gov. Jennifer Granholm have scheduled a noon press conference to announce the resignation.
If events play out quickly, a newly appointed justice might be able to file to run for the court as an incumbant. Weaver was up for re-election this year, and had given up her Republican affiliation after years of feuding with other GOP justices.
Michigan Public Radio's Rick Pluta in Lansing and Linda Stephan in Interlochen contributed to this report.
BY RICK PLUTA Michigan Public Radio NetworkMichigan Attorney General Mike Cox says pressure on the U-S Army Corps of Engineers lifted once the U-S Supreme Court refused to consider his request to close the shipping canal that connects the Mississippi River system to the Great Lakes. He says the corps has pushed back deadlines and made token efforts that don't substantially address the threat of an Asian carp infestation of the Great Lakes system. "Anyone who lives in the Great Lakes knows that when the weather heats up, the fish start moving more and the threat of more and more Asian carp getting into Lake Michigan increases by the day." Cox and five other Great Lakes attorneys general have sent a letter to the corps of engineers asking for more aggressive action and a better outline of plans to stop the invasive species. A spokeswoman says the corps has not yet seen the letter. © Copyright 2010, MPRN
BY LAURA WEBER Michigan Public Radio NetworkThe package of bills would ban some corporations from spending money on elections, and require the rest to report their political expenditures. It would also require publicly held corporations to get stockholders' permission before spending money on political campaigns. The legislation is a response to the U-S Supreme Court decision to allow corporations to contribute to political campaigns."That opens the entire process up to substantial abuse." That's Democratic state Representative Mark Meadows, who helped craft the legislation. He says he hopes to push the regulations through the Legislature before campaign season gets in full swing this summer. He says he thinks there would be support for the measure from both Democrats and Republicans. But it's unclear how popular the bills would be in the Republican-controlled Senate.
BY RICK PLUTA Capital Bureau Chief, Michigan Public Radio Network
Tensions on the Michigan Supreme Court exploded into public view Wednesday as the justices argued about a confidentiality rule. Three of the justices acknowledged they have filed an ethics grievance against Justice Betty Weaver for violating the rule.
The news came at the court's monthly administrative meeting that turned into a sometimes-raucous event.
These monthly administrative hearings are typically pretty tame, despite long-simmering tensions on the court. This month, judicial restraint was out the window as the justices bickered, interrupted and called each other names. Justice Betty Weaver has been a flashpoint on the court for the past several years as she's often battled with her fellow Republicans and accused them of misfeasance and ethical lapses. The other three Republican justices have chafed under the accusations and Weaver's refusal to abide by a rule that prohibits disclosure of what happens in the court's closed-door conferences. Weaver says the rule violates her First Amendment rights, and is meant to hide the court's decision-making process from public view.
"I understand why public officials want secrecy. It's a lot easier to deal in secrecy," said Weaver.
Fed up, Weaver's fellow Republicans acknowledged they have filed a grievance against her with authorities - including the Judicial Tenure Commission, which investigates allegations of misconduct by judges.
Specifically, the grievance is that Weaver revealed details of one of the justices' closed-door sessions to a lawyer who used the information to craft a motion in an attorney discipline case before the Supreme Court. Justice Robert Young says that crossed the line into misconduct.
"I think no one, whether they are a lawyer or not, would be other than shocked to know that a justice of this court shared the confidential communications about a case to a lawyer who was a party in a related case that gave him strategic information," said Young.
Young was joined by Justices Maura Corrigan and Stephen Markman in filing the grievance. If the commission determines there was a violation, it could recommend censure, suspension or removal from office. But, the commission's recommendations have to be adopted by the Supreme Court. The commission's director would not confirm or deny there is an investigation underway, but he did say the question of disciplining a Supreme Court justice is "uncharted territory."
Weaver said she made a mistake, and took herself off the case. But Weaver says she did nothing unethical, that her rivals on the court are simply seeking revenge, and the public won't buy their arguments.
"The public is not interested in tattle-taling and I do believe the public will take care of tattle-tale judges," said Weaver.
Justice Young is up for re-election this year. Weaver's term also expires, but she says she hasn't made a decision on seeking re-election. Weaver also tried to get the court to repeal the confidentiality rule because she says it wasn't properly adopted four years ago. She was supported by Democratic Justice Diane Hathaway, and that sparked this angry exchange with Justice Markman.
"This has been the lawbooks for years," said Markman.
"Well, Justice Markman, you sound exactly like my children when they were in kindergarten," responded Hathaway. Hathaway and Weaver also took the Republicans to task for boycotting closed-door sessions of the court and simply sending in their votes on official rulings, and whether to accept or refuse cases. Weaver says that is an abdication of a judge's duty. Chief Justice Marilyn Kelly tried to strike a compromise by proposing a rule that prohibits justices from going public with its closed-door deliberations except to report misbehavior. A full hearing on the rule will probably take place next month, although it seems unlikely that by itself that will restore order to the Michigan Supreme Court.
Photo: State Supreme Court Justice Betty Weaver, courtesy Michigan Supreme Court
Michigan's Attorney General, Mike Cox, filed a friend-of-the-court brief with the United States Supreme Court on behalf of the Christian Legal Society. CLS and Attorney General Cox argue that a belief-based student organization has the right to accept as members only people who agree with an organization's particular beliefs.
Nick De Leeuw, spokesman for Attorney General Cox, says belief-based groups have what he calls the right to associate with like-minded students.
"College campuses across the country could potentially force their student organizations to allow anyone to join. That could mean any student groups of any type of core beliefs. Attorney General Cox says if college campuses are to be diverse institutions, then they have to recognize the rights of diverse student groups."
A spokesperson at Lake Superior State University says student groups there are typically open to anyone who is interested.
Merry Jo Brandimore, Dean of Student Affairs at Saginaw Valley State University, says their student organizations agree to a non-discrimination policy in order to register with the university. Student complaints of discrimination are handled individually by the university, although there haven't been any recently.
"If there are practices that are inappropriate, and we can solve them without creating a legal matter out of them, I think that's always desirable. I hope that they don't become issues, but if they do, I think we'd certainly try an informal approach to remedy them first."
Nathan Inks is the chairman of the College Republicans at Central
Michigan University. He says he agrees with the practice of limiting
membership, but that it could be taken too far. He says the issue has
been raised before at C-M-U by another group, the Campus Conservatives.
"For
a while, they had a policy that, if you were a member of another
political organization, that you couldn't be a member of their
organization."
Current C-M-U policy says membership can only be
denied to individuals whose behavior obviously contradicts a group's
beliefs. The manual of registered student organizations says this
protects a political group, for instance, from being taken over and
disbanded by an opposing group.
BY LAURA WEBER Reporter, Michigan Public Radio NetworkThe state House continued voting on sweeping budget cuts today in Lansing. The lawmakers approved a $2.3 million dollar cut for Michigan's courts. The state House Appropriations Committee took testimony from Michigan Supreme Court Chief Justice Marilyn Kelly. She says the courts have left jobs unfilled to reduce spending.
"We've now accumulated 21 vacant positions, not filled, that is clearly affecting the quality of services we can offer. But we've done this in the realization, as I say, that these are tough times and changes have to be made."
The House also approved the elimination of the state's mental health courts pilot projects, which the governor decided to cut earlier this year. Kelly says she is becoming increasingly aware of the need for the mental health courts. Members of the committee hope the courts can remain open as a federally funded program.
© Copyright 2009 Michigan Public Radio Network
BY RICK PLUTA
Lansing Bureau Chief, Michigan Public Radio Network
A Benton Harbor minister and political activist must remain confined to his home after the Michigan Supreme Court refused to reverse a lower court's order.
The Reverend Edward Pinckney was on probation for election fraud when a judge ordered him imprisoned last year because of an article in a Chicago newspaper. In it, Pinckney called court officials racist, dumb, and corrupt, and said they were risking the wrath of God.
The American Civil Liberties Union said Pinckney's imprisonment violated his First Amendment rights. And the Michigan Court of Appeals ordered Pinckney freed on bond while it deliberates the case. The judge complied, but ordered Pinckney not to leave his house except to go to church, and to refrain from making public statements.
The ACLU asked the state Supreme Court to remove those restrictions, and declare them unconstitutional. The Supreme Court refused, which means Pinckney must remain under house arrest while his case is decided.
© Copyright 2009 Michigan Public Radio Network
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