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8.18.08: Top of the Weekly

Here's what we have going in the Aug. 18 issue of Michigan Lawyers Weekly. Subscribers can click any of the links below for the full details. For the rest of you, here's how you can
get on board.

Farewell
Ingram leaves MILW publisher post for Wayne County position
Click here to read the full story.

'Reform Michigan Government Now' - Analysis (Correction)
Dems will take over on COA: MILW's mistaken identification of COA Judge Jansen as Republican skewed earlier coverage
Click here to read the full story.

Verdicts & Settlements Plus
Family feud costs daughter of auto entrepreneur millions
Click here to read the full story.

Civil Rights Action
Indecent exposure: Unruly detainees allege constitutional rights violations, receive combined $145K in damages
Click here to read the full story.

Technology Update
Litigators integrate cutting edge courtroom technology into everyday practice
Click here to read the full story.

Built For Speed
Into the wild blue yonder
Click here to read the full story.

Practice Profile
Bodman's labor, employment law practice expands with addition of veteran attorney
Click here to read the full story.

Practice Profile
Second time around: Childhood friends reunite unexpectedly, create formidable litigation firm
Click here to read the full story.

Practice Profile
Seasoned personal injury attorney thrives, even in the decade following tort reform
Click here to read the full story.

8.15.08: What they're saying ...

"Most certainly, legislators will come to hear about the impacts of this decision from constituents and interest groups of every competing philosophy and occupation."

- Michigan Court of Appeals Judge Bill Schuette, concurring in Woodman v. Kera, LLC.

Schuette, along with COA Judges Michael Talbot (lead opinion) and William Bandstra (concurring opinion), earlier this week ruled that because the common law provides that parents can't waive their children's rights, pre-injury liability waivers that parents sign on behalf of their children can't be enforced absent a legislative abrogation of the common law.

"The decision in this case is bound to have enormous consequence and profound impact throughout Michigan," Schuette wrote. To emphasize his point, Schuette included exemplars of a variety of pre-injury parental waivers for marathons, field trips, athletic camps and summer camps.

***
"I expected a punch line to a bad joke. He was dead serious."

- Frank Sila, quoted in The Kalamazoo Gazette.

Sila, a volunteer who conducts Bible studies at the county jail, was reacting to a participant who saw himself as a responsible man because he didn't beat his wife in front of his children. The statement prompted Sila and others to round up the funding and equipment to replace some of the regular network television programming the inmates watch with educational shows about parenting, resume writing, sexually transmitted diseases, jail rules, addiction, drugs and depression.

***
"They suck. They're loud. And it keeps me up all day."

- Kalamazoo County Jail inmate Anthony Hood, quoted in The Kalamazoo Gazette.

Hood was reacting to the new television programs at the jail.

***
"Whenever I come across a business that has a step or two to get in, the owner usually says, 'No one in a wheelchair ever shops here.' I think it's pretty obvious why they don't."

- William Milzarski, a rights representative for the Michigan Commission on Disability Concerns, quoted in The Detroit Free Press.

Milzarski noted that handicap access is still a problem at many public places. Erica Nader, who works to highlight access issues, took a wheelchair tour of Ferndale in commemoration of the 18th anniversary of the Americans with Disabilities Act. At one business, the door met regulations and was 32 inches wide. The bathroom was also up to ADA snuff but a 6-inch step prevented Nader from gaining access to the business without assistance. The owner was receptive to upgrade suggestions.

The joke's on the 'Joker'

I'm not making this up. Honest. From the Associated Press:

"A Three Rivers man accused of trying to steal a large Batman movie poster from a cinema lobby while dressed up as the Joker has pleaded guilty to a misdemeanor charge of malicious destruction of property.

"Twenty-year-old Spencer Taylor entered the plea Wednesday in St. Joseph County District Court.

"A judge ordered him to serve one day in jail, perform 16 hours of community service and pay $685 in fines.

"Charges of attempted larceny in a building and using a mask to conceal his identity during the commission of a crime were dismissed as part of Taylor's plea agreement.

"Three Rivers police say he was wearing a purple suit, green wig and face paint when they arrested him on July 27."

Foolish prank. Nifty disguise.

Sound off on proposed federal court rule changes

Proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure, and Federal Rules of Evidence have been posted here and are open for your comments through Feb. 17, 2009.

A brochure prepared by the Administrative Office of the U.S. Courts summarizes the proposed amendments. For more detailed committee reports, scroll to the bottom of the page here.

Bone up on Michigan bankruptcy practice

Nov. 11 is a court holiday, so it's the perfect time for bankruptcy practitioners to get the latest at the American Bankruptcy Institute Detroit Consumer Bankruptcy Conference.

Things get underway at the Troy Marriott beginning at 7 a.m. with a breakfast and registration period sponsored by Trott & Trott. There's a full day of informational sessions by leading practitioners and bankruptcy judges.

The luncheon keynote speaker is Amy Crews Cutts, Deputy Chief Economist, Freddie Mac; Washington, D.C. Her topic: "The Economic and Housing Market Outlook - When Might We See Bottom?"

Complete information and registration form here.

21 for the 21st Century

There are many law firms out there doing some amazing 21st Century things.

Michigan Lawyers Weekly and the Women Lawyers Association of Michigan have selected 21 of them for special recognition.

What are these firms up to? They're offering long-term retention programs for associates that encourage growth within the law firm. They have flex-time programs that recognize the importance of work/life balance without compromising momentum for the partnership track. Their offices are technology-driven, allowing associates and partners to work as efficiently outside the building as inside. And, they recruit the cream of the crop from Michigan law schools and encourage them to stay and practice law in Michigan.

On Sept. 10, 2008 at The Birmingham Community House, these 21 firms and their managing partners will be welcomed into the Century Club.

One special firm will be crowned the 2008 21st Century Innovator.

More information here or call Julie Sherwood at 248.865.3110.

Hats off and kudos to:

Brooks Kushman P.C.
James A. Kushman, Mark A. Cantor

Collins Einhorn Farrell & Ulanoff, PC
Clayton F. Farrell

Dickinson Wright PLLC
James A. Samborn

Dilley & Haney P.C.
Troy W. Haney

Dykema
Rex E. Schlaybaugh Jr.

Foley & Mansfield PLLP
Gary D. Sharp

Honigman Miller Schwartz & Cohn LLP
David Foltyn

Jaffe, Raitt, Heuer & Weiss, P.C.
Richard A. Zussman

Kienbaum Opperwall Hardy & Pelton, P.L.C.
Eric J. Pelton

Maddin, Hauser, Wartell, Roth & Heller, P.C.
Michael W. Maddin, Mark R. Hauser, Steven D. Sallen

Michael Morse, P.C.
Michael J. Morse

Miller Johnson
Jeffrey S. Ammon

Nacht & Associates, PC
David A. Nacht

Nemeth Burwell, P.C.
Patricia Nemeth, Linda G. Burwell

Nichols, Sacks, Slank, Sendelbach & Buiteweg, PC
Monika Holzer

Sacks Pear Sperling Eggan & Daniels, P.C.
Edwin Pear

Plunkett Cooney, PC
Henry B. Cooney

Rader, Fishman & Grauer PLLC
Michael B. Stewart, Glenn E. Forbis

Varnum, Riddering, Schmidt & Howlett LLP
Larry Murphy

Vercruysse Murray & Calzone, P.C.
Robert Vercruysse, Gregory V. Murray, David B. Calzone

Warner Norcross & Judd LLP
Douglas E. Wagner

Thanks to all of the firms who participated in the nomination process.

8.8.08: What they're saying ...

"He's got so much legal weight on his shoulders that he can't stay afloat."

- Oakland County Executive L. Brooks Patterson, quoted in an Associated Press report.

Patterson is part of the thundering chorus of politicians, officials and John Six-Packs who have had more than enough of Detroit Mayor Kwame Kilpatrick. Kilpatrick faces a raft of charges arising from allegedly false testimony in court. He was sent to the slammer yesterday for violating the terms of his bond, and likely will be charged today with assault by Michigan Attorney General Mike Cox for allegedly pushing a Wayne County Sheriff detective who was trying to deliver a subpoena to one of the mayor's buddies.

***
"I didn't believe in the death (penalty) until Thursday."

- Sarah McDarment, quoted in The Detroit News.

McDarment's brother, Mort, was shot and killed a week ago Thursday, along with two friends near the Menominee River, which is part of the boundary between the Upper Peninsula and Wisconsin. The bodies of Mort's two friends were recovered in Wisconsin; Mort's body was found in Michigan. A 38-year-old Upper Peninsula man has been accused of the slayings and is being held on a $3 million cash bond. Federal prosecutors are determining whether they have jurisdiction over the case and, if they do, have not ruled out seeking the death penalty.

***
"To the extent of the criminal proceedings, his nightmare is over, and he doesn't have to worry anymore."

- Defense attorney Hugh Clarke, Jr., quoted in The Lansing State Journal.

Clarke's client, Claude McCollum, spent over two years in prison after a jury convicted him of raping and murdering a Lansing Community College professor. He was freed when a video recording surfaced that showed McCollum was somewhere else when the professor was killed. Clarke and Ingham County Prosecutor Stuart Dunnings III have been jousting in court for months over whether the charges against McCollum should be dismissed with or without prejudice. Yesterday, on McCollum's 31st birthday, Dunnings relented and filed a dismissal with prejudice.

Judge jails Detroit mayor for bond violation, invokes 'John Six-Pack' standard

"[I]f it was John Six-Pack sitting in the seat, what would I do?"

That's a mighty good question 36th District Court Judge Robert Giles asked this morning as Detroit Mayor Kwame Kilpatrick begged forgiveness for violating the terms of his bond by taking a trip to Windsor last month without first getting the court's permission.

As a matter of fact, it's a mighty good standard for any judge to apply when dealing with a high-profile defendant who has screwed up by flaunting a court order.

And it's the standard Giles used to revoke Kilpatrick's bond and order him to jail, according to a report in The Detroit News.

The Detroit Free Press reports that:

"Court officials said Kilpatrick would remain in jail until he either posts the full $75,000 bond or until his lawyers can persuade a Wayne County Circuit Court judge to overturn the decision. But first, Kilpatrick would be taken to the 36th District Court detention area."

Kilpatrick's lawyer said the mayor will spend the night in jail, and a circuit-court appeal of Giles' order will be heard tomorrow, reports The Associated Press.

The Free Press reports that Kilpatrick told Giles: "'Last week was a tremendous wake-up call to me,' he said, referring to Giles' rebuke last month after he allegedly assaulted law enforcement officials trying to serve a subpoena."

If Giles' scolding of the mayor last week was a "tremendous wake-up call," I wonder what Kilpatrick will think about the one Giles made this morning: a night in jail, just like any other John Six-Pack.

8.1.08: What they're saying ...

"This is not the proverbial file in the birthday cake."

- Attorney Jon Muth, quoted in the Grand Rapids Press.

Muth was responding to speculation that lots of criminals would have a shot at freedom if the Judicial Tenure Commission decides, and the Michigan Supreme Court concurs, that his client, 63rd District Court Judge Steven Servaas, vacated his office by moving out of his elected district and later moving back into it. The theory is that any case Servaas heard while he allegedly vacated his office would be invalid. JTC Executive Director Paul Fischer, apparently wanting to have it both ways, suggested that the MSC could name Servaas as a visiting judge for the cases in question even if he is removed from the bench.

***
"I believe that this is one of the dirtiest of political tricks I've ever seen. It's a dirty election-eve tactic, especially one that has no merit, no substance."

- 38th District Court Judge Norene Redmond, quoted in The Detroit News.

With a hotly contested primary election just a few days away (five challengers seek to replace Redmond), news surfaced earlier this week that Eastpointe Police Chief Michael Lauretti and Macomb Prosecutor Eric Smith complained to the Judicial Tenure Commission about the judge's courtroom behavior. Lauretti and Smith say they filed their paperwork "months ago." The Michigan Supreme Court censured Redmond in February for several instances of unprofessional conduct. Lauretti and Smith allege that Redmond allegedly "humiliated" an assistant prosecutor and a police detective during a March 4 hearing.

***
"I was the only judicial candidate with permission to have signs there, and I was acting on orders from the property owner."

- 52-2 District Court Judge Dana Fortinberry, quoted in The Detroit Free Press.

Fortinberry was explaining why she was captured on camera yanking up campaign signs for her opponent, Joseph Fabrizio, on some property near the courthouse. As it turns out, they both may have been in the wrong. According to the Free Press, the signs for Fortinberry and Fabrizio appeared to be in the public easement alongside the road, which would violate an Independence Township ordinance.

MSC appoints Griffin to ADB

Farmington Hills forensic psychiatrist Rosalind E. Griffin has been appointed to the Attorney Discipline Board by the Michigan Supreme Court.

The nine-member commission consists of six attorneys and three non-attorneys appointed by the MSC to serve on a volunteer basis.

Griffin's appointment expires Oct. 1, 2010.

She was a member of the Attorney Grievance Commission from 1990-94 and served on the Board of Regents of Eastern Michigan University from 1997-2004.

Censured 38th District Court judge faces five challengers

In the Detroit suburb of Eastpointe, 38th District Court Judge Norene Redmond, censured by the Michigan Supreme Court in February to the dismay of some and the delight of others (blog post and comments here), faces five challengers in the August primary.

The Detroit News has profiles of Redmond and the five candidates who would love to have her job. The attorney-contenders are:

• Mark Cardellio, a former assistant prosecutor in Macomb and Oakland counties
  
  
• Colleen Cohan, a former Eastpointe councilwoman who is the director of corporate ethics and compliance for Blue Care Network of Michigan
  
  
• Andrea Ferrara, a former Wayne County circuit judge who was removed from the bench by the Michigan Supreme Court for misconduct in 1998; her private practice focuses on immigration and criminal cases
  
  
• Kathleen G. Galen, who has practiced law for almost 20 years
  
  
• Carl Gerds III, a former two-term Eastpointe city councilman who has practiced for about 30 years
  

The first- and second-place finishers in the Aug. 5 primary will square off for the district court seat in the November general election.

How to make the best of it when the press presses you

When a case involves a high profile client, or significant or controversial matters, lawyers need to put their best foot forward when its comes to dealing with the media, according to Susan Maynor and John Remsen, Jr., writing in "A Practical Tip Sheet for Lawyers and Law Firms."

Bone up on ethics and law regarding media relations in the relevant jurisdiction, they say, and designate an official spokesperson. Don't let anyone else talk to the press and make it clear that all media requests should go to the person you've chosen.

Maynor and Remsen have some excellent pointers on body language, what to say and how to say it, staying "on message," and the importance of having an exit strategy to end the media blitz outside the courthouse.

Learn why "no comment" is the worst comment.

Once past the hurly-burly on the courthouse steps, there are a number of things to think about when deciding whether to grant an interview. Maynor and Remsen guide you through the thicket.

Robinson won't run for MSC

Scratch Marietta Robinson as the Democrats' Michigan Supreme Court candidate.

That's the word from veteran government and politics reporter Tim Skubick on his blog and in a bylined report for the Michigan Information Research Service.

Robinson cited vote-siphoning concerns, now that the Libertarian Party has named Robert W. Roddis as its supreme court candidate. Skubick says "Robinson believes a chunk of her would-be support went to a minority party candidate" in the last election, which she lost to Justice Clifford Taylor, and feared a repeat this time around.

She's not a fan of the Reform Michigan Government Now ballot proposal, which was long-speculated to be the brainchild of the Michigan Democratic Party. That notion was confirmed last week when the Mackinac Center for Public Policy posted on its website a Democratic battle plan for the proposal. The Mackinac Center says the power point presentation was found on a union website.

Skubick reports that Robinson was worried, and rightly so, than any head-to-head campaigning with Taylor will be little noticed in the din that's about to be created by a Michigan Chamber of Commerce about-to-be-filed legal challenge to the proposal.

All well and good, but it strikes me that there may be another reason why Robinson has bowed out and others may think twice about throwing in: some of the groundwork Democratic Party Chair Mark Brewer has laid for the supreme court contest borders on a 21st Century version of the theater of the absurd.

Last year, when the Detroit Free Press reported that most of the appellate judiciary was driving around in state-issued vehicles, Taylor, along with the other judges, turned in the vehicles. Brewer snagged Taylor's car at a state auction. Since then, he's tried to turn it into an icon of Taylor's supposed self-interested feeding at the public trough.

Last week, Brewer called a press conference to celebrate the one-year anniversary of buying the car!

Brewer's anniversary "gift" to Taylor? This letter:

"Dear Cliff,

"Since I've been driving your former taxpayer-funded car for a year now, I thought it was only appropriate that we celebrate our first anniversary. I'm sure you are missing it, so I wanted to let you know I am taking good care of the car as I travel the state sharing your pro-insurance company record with the voters. In fact, I have more than doubled the mileage on the car since you reluctantly turned it in after the scandalous press stories about your abuses. The car has been a big hit at press events, and our local activists love to have their picture taken with the symbol of your abuse of the perks of your office!

"Since I'm not in the habit of giving my car presents, I think you should receive this gift celebrating our first year together. A first anniversary is traditionally celebrated with paper - a letter, a book, or some fancy stationary. For you, I have packaged up some of my favorite news articles that chronicle your corrupt attempts to protect your own pay and perks while Michigan citizens have struggled to pay their bills.

"I have to tell you, the car is great. I am sure you miss it, but with your $164,000 annual paycheck and Lucille's high paying job with Mike Cox, I am sure you have purchased something even more luxurious by now.

"Sincerely,

"Mark

"P.S. Please let the voters decide the RMGN ballot proposal - don't abuse your power yet again! Hope you enjoy our TV ad - it is running in your hometown!"

The TV ad Brewer refers to makes the stretchy argument that Taylor should decline to rule on any challenge of the ballot proposal because it contains a judicial pay-cut provision. See The Michigan Lawyer: MSC's Taylor target of new Democratic TV ad

None of this gives a Democratic high court candidate, whoever that might be, much to build on.

Brewer has said he's prepared to spend $20 million on this year's supreme court campaign.

Now he may have big trouble finding someone to spend it on.

Western District proposes amended court conduct rule

The U.S. District Court for the Western District of Michigan is considering changes to its local court conduct rules that would, among other things, specify who can use cell phones, PDAs and laptop computers, where the devices can be used and under what circumstances, and the consequences of violating the rule.

If the amendment is adopted, the court will not be fooling around, folks.

The enforcement mechanism is noteworthy: any device being used outside of the rules "shall" be immediately confiscated either by judicial order or by court security personnel.

Even more noteworthy: violators could face disbarment and criminal contempt of court.

What about getting your equipment back if it's been seized? From the proposed amendment:

"An individual whose device has been confiscated may apply in writing not less than seven (7) days after confiscation for its return. The application shall be made to the judicial officer whose proceedings were disturbed by the violation, or, if there is no such judicial officer, to the chief judge. The judicial officer may grant or refuse the request. Confiscated devices that are not returned, either because no request has been made within the time provided or the request for return has been denied, shall be disposed of in a manner directed by the chief judge."

It's not completely draconian. There's an innocent screw-up exception:

"Nothing in this paragraph shall prohibit the judicial officer or his designee to return a device after the conclusion of a court matter if the violation was totally inadvertent."

The proposed amendment is open for comment through Aug. 1. Full text of the proposed amendment and instructions on how to comment here.

Free wi-fi available at Eastern District Bankruptcy Court

The Eastern District of Michigan's bankruptcy court bar is tipping its collective hat to three chapter 13 trustees, Krispen Carroll, David Ruskin and Tammy Terry, and technology wizard Rich Collins, for making free wireless internet access available at the court's West Fort Street location in Detroit.

The trustees are footing the bill, and Collins arranged and supervised the installation, says Chief Judge Steven Rhodes.

The wi-fi covers courtrooms and conference rooms on 18th and 19th floors of the courthouse.

Rhodes says the court okayed "this service to provide the bar and the public with access to internet sites that may be needed while attending court, such as office networks and servers, ECF, the Court's order processing program, the chapter 13 trustee's websites and legal research websites."

Log on and other information here.

MSC's Taylor target of new Democratic TV ad

Michigan Democratic Party Chair Mark Brewer, unfazed by his party's lack of a declared Michigan Supreme Court candidate for the November election, has rolled out a television ad aimed at achieving one of his stated goals for this election cycle: defeating Chief Justice Clifford Taylor.

The 30-second spot, "What Will Cliff Taylor Do?", urges Taylor not to block a ballot proposal that, among other things, cuts salaries, limits retirement benefits and requires financial disclosures for elected officials of all three branches of government, including the presumably self-interested chief justice.

"Special interests are willing to go all the way to the Michigan Supreme Court to block your right to vote for change," warns the ad's voice-over announcer.

"Justice Taylor should let the voters decide," she concludes.

Brewer is correctly anticipating legal challenges to the proposal, which amends the state constitution in dozens of ways and is being pushed by Reform Michigan Government Now! He's hoping to hit a public relations home run every time a judge rules against letting the proposal on the ballot.

He's touting the notion that there's an ethics problem for any judge who tries to block the proposal, which, it's been widely reported, Brewer has had a heavy hand in crafting.

But Brewer has a lot more on his mind than the situational ethics of those who might pass judgment on a plan that would let voters cut their pay.

The proposal contains the means for Brewer to accomplish his not-so-hidden agenda of shifting the high court's balance of power. As Detroit Free Press Deputy Editorial Page Editor Stephen Henderson astutely observed in last Sunday's editions, the proposal has "a kind of court-packing by reduction" feature.

If passed, the supreme court's bench would shrink from seven justices to five. The court's two most junior justices, Republican appointees Robert P. Young and Stephen J. Markman, would have to step down. That would leave the court with Taylor and Justice Maura Corrigan, who usually champion the Republican viewpoint. Justice Elizabeth A. Weaver has been in the Republicans' corner in the past. But, to their great annoyance, she has been a vocal maverick ever since the other court Republicans refused to back her for a second two-year term as chief justice. The Democrats would have two justices they can usually count on, Michael F. Cavanagh and Marilyn Kelly.

If the proposal reaches the high court, if Taylor votes with a majority to keep the proposal off the ballot, and if Brewer successfully pins the blame on Taylor (the television ad lays the groundwork for that), then, the thinking goes, the Democrats can cast Taylor as the villain and capture his seat on the court in November. This would leave Weaver as a swing vote to be wooed by both sides of a seven-justice court. It wouldn't be exactly the situation Brewer was looking for, but he'd be able to live with it.

And if the court unanimously rules against the proposal? This is not a good result for Brewer. Any criticism of Taylor can be applied with equal force to everyone on the court. But in similar situations in the past, Brewer has plowed right ahead. See, Case selection is important: Democratic Party chair slams chief justice for decisions joined by Dems, detractor", Michigan Lawyers Weekly, June 16, 2008.

If Taylor votes with a minority to keep the proposal off the ballot, Brewer gets a chance at a five-justice court and a solid three-Democrat majority. If the voters approve the proposal and reject Taylor in favor of a yet-to-be-named Democratic player, then Brewer will accomplish something he and his team have been dreaming about for years - a major philosophical change in the high court's makeup.

And he'll have done it by convincing voters to downsize the court with a designer amendment to the Michigan Constitution.

Despite what the ad might lead voters to believe, this is about a lot more than just pay cuts.

23rd Circuit judicial ballot jousting continues

The on-the-ballot, off-the-ballot, back-on-the-ballot saga of Christopher Martin, a Tawas attorney who wants to bump either Judge Ronald M. Bergeron or Judge William F. Myles from the 23rd Circuit bench in November, has moved to the appellate arena.

The judges have been busy trying to bump Martin from the ballot.

Yesterday, the Michigan Supreme Court told the incumbent judges that the Michigan Court of Appeals gets first crack at deciding whether they can even complain about Ingham County Circuit Judge William Collette's decision to put Martin back on the ballot. The Secretary of State had removed Martin because his nominating petition was short on signatures.

The judges had sought a bypass appeal directly to the supreme court. Full text of the court's order here.

It's an unseemly situation.

According to some fine reporting by Holly Nelson in The Oscoda Press, when Martin decided to run, he checked with elections officials and was told, orally and in writing, that he needed between 100 and 200 signatures to get on the ballot. Martin says he was also told that if he submitted more than 200, it would be a criminal violation of state election laws.

Martin took the middling ground and submitted 158 signatures. Two days after the filing deadline, the incumbent judges claimed that wasn't enough. From the Oscoda Press:

"Bergeron's challenge noted that, in 2003, the counties of Alcona and Arenac were added to the 23rd Circuit, expanding it from Iosco and Oscoda counties and increasing the circuit's population from 36,757 to 65,745. State law sets the signature requirement for non partisan petitions at 200 to 400 for districts with a population between 50,000-74,999."

The elections officials confessed error, told Martin they were awfully sorry, and removed him from the ballot.

Martin didn't take this lying down. After the state refused to take an additional 208 signatures from him, he sued to get back on the ballot.

The case landed in Collette's courtroom. First, Collette denied Bergeron and Myles' motion to intervene. One argument the two judges advanced was that they "have an obvious interest in whether an otherwise uncontested election becomes a contested election" and that they "have their own interests to protect that are not necessarily protected by the named defendants."

The state's attorneys, says Martin, argued that the law is the law, there weren't enough signatures, and that Martin, as an attorney, should have been sophisticated enough not to rely upon the filing information the state provided to him.

Collette gave Martin everything he wanted. The Secretary of State was ordered to accept the late-submitted signatures, verify them, and if valid, to put Martin back on the ballot. And, from the Belt-and-Suspenders Department, Collette enjoined state officials from taking Martin off the ballot.

Up at the Court of Appeals, Bergeron and Myles weighed in with a 200-page brief arguing that they belonged in the case, and that Collette had it all wrong.

And what about the elections officials and the Secretary of State's office? They declined to appeal Collette's decision.

The Michigan Supreme Court, in yesterday's order, instructed the Court of Appeals to issue a decision by Aug. 21. Court of Appeals Judges Patrick M. Meter, William C. Whitbeck and Stephen L. Borrello have asked Myles and Bergeron to address whether they are "aggrieved parties" within the meaning of MCR 7.203(A). The panel wants to know the judges' thoughts about "whether unsuccessful intervenors can be considered aggrieved parties for purposes of an appeal, and if so, under what circumstances."

So, there you have it. An attorney wants to make a judicial election competitive. The incumbents he's running against have forthrightly stated they have an "obvious" interest in not having to bother with an actual campaign to keep their jobs. A circuit judge from another county has hit that notion broadside with a blunderbuss. The Secretary of State and the elections officials, who provided the misinformation that helped spawn the whole affair, have checked out and are standing on the sidelines.

And a Court of Appeals panel will decide whether two incumbent judges who thought they were shoo-ins can even bellyache about the fact that now they are not.

Kallman named to State Bar's Board of Commissioners

David A. Kallman, a family law practitioner in Lansing, has been appointed to the State Bar of Michigan's Board of Commissioners.

The Michigan Supreme Court announced the appointment today.

Kallman, who is a home schooling champion, will serve a three-year term as a commissioner-at-large. He takes office Sept. 17.

Troops get bar dues break

A snappy salute to the State Bar of Michigan's brass for this one: full-time active-duty service personnel may apply for a bar dues waiver under a rule the Michigan Supreme Court recently amended at the state bar's request.

The amendment, which takes effect Oct. 1, also permits waivers of the client security fund assessment and the attorney discipline system fee, although service personnel will remain subject to the attorney discipline system. Waivers may be granted up to four times.

The court adopted the amendment without taking comments or holding a public hearing. However, the court is soliciting comments through Nov. 1. A public administrative hearing will be scheduled after that date.

Instructions for submitting comments and the full text of amended Rule 4 of the Rules Concerning the State Bar of Michigan are available here.