E-Filing Design is Critical to Maximize Benefits for Courts and Filers

E-filing is a top priority of the Michigan Supreme Court and the State Court Administrative Office (SCAO).  We understand the critical implications to the courts in having a statewide e-filing and integrated electronic document management system (EDMS).  They provide a landmark opportunity to help courts become more efficient by reducing the need to receive, process, store, and retrieve paper files.   At the same time, e-filing will improve service to the public, increase access to courts, and reduce the cost of filing for litigants. 

Outlook Calendaring Integration Application: A Way to Effectively Coordinate and Integrate Multiple Calendars with JIS Docket Information

By Anethia Brewer, Court Administrator, 54A District Court

In an effort to address a number of challenges affecting Michigan Courts, JIS reached out to courts and sought information on what could be done to assist in streamlining court processes.  One item identified as a common issue across courts was the duplicate entry into multiple calendars being performed when hearings were scheduled.   A quick solution to help courts be more effective and efficient in their work was to develop a calendar integration application to display a judge’s calendar from the case management system in Outlook, or on a mobile device, without double entry.  The calendar integration functionality has been developed and tested in a test environment, as well as in the “live” JIS environment in 54A District Court.

Jury Management: 'Do As I Say, Not As I Write'

By The Honorable Joseph J. Farah, 7th Circuit Court, Genesee County

Governor William Milliken was the keynote speaker at my law school graduation many moons ago.  I sat, in cap and gown, as he warned us all against the evils of cynicism.  His message prompted head-nodding from graduates and audience members alike, revealing general agreement about rejecting a cynical outlook on the world.

The next speaker – Professor John Rooney, the award winner for favorite professor – approached the microphone without trepidation, following the State’s highest leader. 

SCAO Records Retention and Disposal Project

By Amy Byrd, Forms and Records Manager

By now, you have probably read in a July 21, 2016 memo that the State Court Administrative Office is revising the record retention and disposal schedule and developing statewide policy, standards, and guidelines for creating, maintaining, and disposing of court records.  This includes considering a policy that would mandate disposal of court records.  Any such policy will be applied to records created from the date of the new retention schedules.  How a mandatory disposal policy is applied retroactively to court records is yet to be determined and will depend upon a number of factors, including the completeness and accuracy of case history (registers of action), which is the single most important long-term court record. 

Implementing Standards for Appointed Counsel in Huron County

By:  The Honorable David B. Herrington, Chief Judge, Huron County Courts,

Jessica Testolin-Reinke, Attorney Magistrate, and

Elaine M. Moore, Court Administrator

In 2013, Michigan enacted Act 93 of 2013, MCL 780.981 et al.  The Act, effective July 7, 2013, thereby created the Michigan Indigent Defense Commission (MIDC): http://michiganidc.gov/.  In the spring of 2016, the MIDC submitted standards for appointed counsel that included the following: education and training for defense counsel, suggestions for initial client interviews, a requirement to have investigators and experts available for indigent clients, and a requirement to have counsel present at a defendant’s first appearance in court, as well as all other critical stages. 

Pro Bono Contributions Fuel Michigan Legal Help

By Martha Gove, Staff Attorney/Program & Outreach Coordinator, Michigan Legal Help

Our justice system is only as fair and effective as it is accessible to those who need it.  Unfortunately, for many, access to justice is limited by a lack of financial resources.  The network of legal services offices throughout Michigan, among other programs, addresses this imbalance.  Michigan Legal Help was created to help bridge this gap for Michigan residents who can’t be helped by legal services and can’t afford an attorney.  There are approximately 22,000 Michigan residents eligible for the services of each dedicated legal services attorney.

SCAO Addresses Juvenile Data Integrity Concerns with Record Review

By Laura Hutzel, Statistical Research Director, and
Noah Bradow, Management Analyst

Improving outcomes by measuring performance requires data accuracy. Each year, the State Court Administrative Office (SCAO) collects and analyzes case age data from each court.  The information collected shows how courts are performing under established time guidelines.  During annual visits with regional administrators, this data is presented back to the courts along with the performance of other comparative courts.

This sort of comparison naturally has the tendency to spur questions about the performance and data practices in other counties.

C03's Pre-Judgment Pilot Program

By John Frasik, Director of Family Assessment, Mediation, and Education

On May 12, 2016, the 3rd Circuit Court launched its Pre-Judgment Pilot Program.  A committee led by Judge Kathleen McCarthy, Presiding Judge of the Family Division, developed the program to determine whether conference-style meetings that actively involve parents, legal counsel, and an assigned judicial team including the referee, mental health clinician, and support specialist will result in more positive outcomes for families and reduce recurring litigation.  The team approach allows the parties to build a relationship of trust with each other and the friend of the court. 

The team is working with Oakland University on a formal research project that will track the cases over a two-year period to compare the level of litigation on pilot program cases with traditionally litigated pre-judgment cases.  In addition to tracking the success of conference-style meetings versus traditional litigation, the pilot program streamlines the traditional process used by the Wayne County Friend of the Court to handle pre-judgment motion filings. 

Traditionally, when pre-judgment motions involving custody or parenting time without child support are filed, the assigned referee conducts a hearing and issues a recommendation addressing the non-child support issues.  When a pre-judgment motion/objection is filed requesting child support, a referee hearing is scheduled on the court’s expedited docket.  The parties first meet with a domestic relations referee who discusses child support and other issues such as custody and parenting time.  Ultimately, the domestic relations referee makes a temporary recommendation addressing custody, child support, and parenting time.  The parties may accept or reject the recommendation.  If either party objects to any of the issues addressed in the friend of the court recommendation, they appear before a referee who hears arguments on the record and ultimately issues a recommendation within 21 days.  Parties must file any objection within 21 days of the date the recommendation was mailed to them. 

Because the referee, mental health expert, and support specialist are present during the conference, regardless of the relief requested in the parties’ motion, the parties will address custody, child support, and parenting time issues pursuant to MCL 722.24(1), as well as any other issues.  The pilot program is set up to be much less intimidating for litigants, especially those who are not represented, with all participants sitting together at the table.  Parties are scheduled for a pilot-program conference in a dedicated time slot and do not have the stress of competing with other cases or “airing their dirty laundry” in open court.  They are also given the contact information for their team.

What's New at MJI?

MJI Expanded Its Library of Publications  

This year, the Michigan Judicial Institute (MJI) added the District Court Magistrate Manual (DCMM) to its library and will continue to maintain this publication like all other benchbooks.  MJI convened a committee of district court magistrates and Trial Court Services staff to review each revised chapter and provide feedback regarding the accuracy, completeness, and clarity of the content.[1]

Ability to Pay Webcast Now Available

Judge John Hallacy and Judge James Brady provide an overview of ability to pay issues when enforcing court ordered financial obligations. The webcast includes frequently asked questions and hypothetical scenarios.  Links to the Ability to Pay flowcharts are also provided.

Jury Management: The New Michigan Performance Measure

Posted by State Court Administrative Office on Aug 15, 2016 2:31:12 PM

By Jim Inloes, Management Analyst, Trial Court Services

Being called for jury service is, for many citizens, the only contact they will ever have with
Michigan’s judicial system. There were only 2,396 cases that concluded in jury verdicts in
calendar year 2015. These include all circuit, district, and probate courts and represent less than
one percent of all dispositions in which a jury trial could be held.

Michigan Legal Help Adds and Improves Tools

Posted by State Court Administrative Office on Aug 15, 2016 1:30:43 PM

By Elizabeth Walz, Program & Outreach Coordinator, Michigan Legal Help

Over the past year, this column has highlighted the growth of the Michigan Legal Help (MLH)
program. On June 1, 2016, Tina Rosenberg of the New York Times wrote the column, “Legal
Aid with a Digital Twist,” which demonstrates the growing impact of online legal forms and the
importance of projects like Michigan Legal Help (MLH).

Moving Forward with the Help of a MAP

Posted by State Court Administrative Office on Aug 15, 2016 2:10:13 PM

By The Honorable Sara Lisznyai, 2B District Court (Hillsdale County)

Judges play many roles. They interpret the law, assess the evidence presented, and control how
hearings and trials unfold in the courtrooms. Judges are impartial decision-makers in the pursuit
of justice. They also serve as leaders of the court. I was honored to take on this role when
elected to replace a retiring judge who had been on the bench here at the Hillsdale District Court
for 36 years.

The End of an Era: Four Days in May 2016

Posted by State Court Administrative Office on Aug 15, 2016 2:48:41 PM

By The Honorable Kathryn Joan Root, Oscoda County Probate and Presiding Family Division Judge

May 4, 2016: It was a very ordinary day until the evening 10 o’clock local news came on. The first picture on the television was the 1888 Oscoda County Courthouse in flames. It was shocking to see the 128 year old building on fire. I jumped up from the couch, grabbed my jacket, and drove to the courthouse.

20th Circuit Court -- Ottawa County -- Committed to Helping Parents Stay Employed to Pay Child Support

Posted by State Court Administrative Office on Aug 15, 2016 1:41:02 PM

By SCAO Friend of the Court Bureau Interns

Paying child support can often be a frustrating and difficult undertaking, particularly when the parent who is required to pay encounters financial difficulty. Some of those parents might even feel like they are being negatively judged and told, “Get a job, you lazy bum!”

Although the Child Support Program strives to treat all parties with respect at every step of the child support process, this is the impression that some payers take away from an order to show cause for failure to pay child support. Parties may petition for a modification of the support order, but

Data-Driven Statistical Research Team

Posted by State Court Administrative Office on Aug 15, 2016 1:20:43 PM 

By Laura Hutzel, Statistical Research Director

The SCAO statistical research team supports court efforts to assess public satisfaction, equitably allocate resources, and promote positive performance.

Annual Assessment of Public Satisfaction 

Over the past three years, the vast majority of court users reported that they were treated with courtesy and respect, able to conduct their business in a timely manner, and thought that their case was handled fairly. Many citizens within the state of Michigan hear about these high levels of customer service through their local or regional media outlets.

In June, SCAO distributed the 2016 survey materials, including court-specific survey instruments and instructions, to court leaders. In August, courts will again begin to solicit feedback for five full business days from every court user leaving the courthouse.

This year, the statistical research team will work with the State Bar of Michigan to send an electronic version of the survey to attorneys throughout the state. Therefore, attorneys who come into the court will have the option to complete the survey as they leave the courthouse or from their office or home computer.

If you have any questions about the public satisfaction survey requirements for courts, please contact Kimberly Tody, SCAO Data Projects Coordinator, at todyk@courts.mi.gov.

Using Weighted Caseload to Allocate Judges 

In December 2015, during the chief judge and court administrator seminar, numerous court leaders heard about how to use weighted caseload data to equitably allocate workload among judges. Sixteen courts signed up to receive more information. Nearly half of those courts worked with SCAO to generate a detailed analysis of the current workload allocation. These detailed analyses show the percentage of cases assigned to each judge and an estimate of the amount of time required in handling those cases. Court leaders use this information to balance workload, reassign quasi-judicial officers, strategically plan, and/or adjust to changes in the size of the bench.

For example, in one jurisdiction that is losing a judgeship through attrition, the court received the estimated workload for the current sitting judges and four options for reassigning cases after one judgeship is gone. The sitting judges, with leadership from the chief judge and in consultation with the regional administrator, can have informed discussions of how to reassign cases long before cases need to be reassigned. This ensures that there will be no gaps in service or case processing.

If your court would like to assess its judicial workload, contact me at hutzell@courts.mi.gov.

Judiciary Dashboard Provides Public Transparency 

In June, SCAO updated the judiciary dashboard. This dashboard allows the public to see what is working, or not, in the judiciary as a whole. The judiciary continues to improve in many areas, such as the following:

• Courts are doing more to enforce financial sanctions. Since 2010, the percentage of courts with a compliant collections program has increased from 85% to 92%. This improves courts’ credibility and effectiveness. 
• More courts have the judges needed to keep up with demand. Since 2011, the percentage of county-funded jurisdictions with a judicial need decreased from 14% to 0% and locally-funded district courts with a judicial need decreased from 7% to 2%. 
• Courts with judicial excess have been right-sized. Since 2011, the percentage of county-funded jurisdictions with a judicial excess decreased from 52% to 30% and the percentage of locally-funded district courts with a judicial excess decreased from 20% to 5%. 
• More counties share judicial resources. Since 2013, the percentage of counties participating in a concurrent jurisdiction plan has increased from 77% to 86%. 
• Counties are collecting and disbursing more child support. Since 2012, the percentage of child support paid in the month due increased from 67% to 71%. This ensures minimum standards of living for children, reduces the need for public assistance, and maximizes federal incentives. 
• More cases are disposed in resolution centers. Since 2013, the number of cases disposed by community dispute resolution centers increased from 14, 412 to 16,279. In many situations, the collaborative, voluntary approach of mediation is more appropriate than litigation. 
• More courts share a chief judge. Since 2010, the percentage of chief judges presiding over more than one court increased from 4% to 37%. Consolidating chief judges provides strong, central leadership for courts that share jurisdictions. 

If you have an idea for a performance measure that we should track on this dashboard, please contact me at hutzell@courts.mi.gov.

ADR Developments in Collaborative Law, Parenting Coordination, and Child Protection Mediation

Posted by State Court Administrative Office on Aug 15, 2016 1:28:34 PM
By Doug Van Epps, Director, Office of Dispute Resolution

Three new initiatives signal increased interest in expanding the array of ADR options available to parties for resolving their conflicts in domestic relations and child protection cases, two of which are prompted by recently enacted legislation.

First, the Collaborative Law Rules Committee has been convened to provide recommendations to the Michigan Supreme Court for adopting a new court rule to guide the development of collaborative law in Michigan.

"In Good Hands": Michigan Supreme Court, State Court Administrative Office Welcome New Faces

Posted by State Court Administrative Office on Aug 15, 2016 3:10:49 PM

By Kathryn Haroney, MSC Public Information Office Intern

Thomas Clement, General Counsel

At first, General Counsel of the Michigan Supreme Court wasn't a job that Thomas Clement expected to pursue. “I knew several of my predecessors...all of them spoke very highly about the job,”
Clement says, but “it wasn't necessarily something that I was seeking out.” He enjoyed his role as assistant attorney general and division chief in the Michigan Attorney General's Office, and
it would be very difficult for him to leave that position. However, a series of encounters with former General Counsel Joe Baumann, Chief Justice Young, State Court Administrator Milton Mack, and others at MSC made him “increasingly excited” about the possibility of taking on the role of General Counsel. “I was very pleased, very excited, and anxious to get started and kind of wrap my arms around what the job was all about.”