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.