Balance in our Lives by Anthony J. Bellanca, MCBA President
All of us are forever looking for balance in our personal and professional lives. We have many responsibilites. We have many priorities. We have many interests. All of this and there seems to be precious little time each day to get it all done properly. Lawyers are talking about it all of the time. Sometimes it seems that the answer is elusive, sometimes it feels as though achieving it is totally unrealistic and that it will seriously affect our sanity. What is the problem? How does one go about balancing the demands of the practice of law, community service, family, friends and leisure time without having to call for the “men in the white coats” to take us away?
This is particularly true when you have a Case Evaluation Summary which is overdue, and a brief in support of a motion which is due now (for the day when you have three motions at the same time in three different courts).
Maybe it’s the employment agreement that your client needs “yesterday”, or sixty pages of real estate documents you have to digest the afternoon you have three appointments with three new clients who MUST see you right away. All of this, together with a family dinner, gymnastics, soccer, guitar lessons, etc. . . It sounds impossible, doesn’t it? But, it’s not. We already do it!
Now you are saying, “Not me”. It is a constant struggle. You might have to be 15 minutes late for something or, leave the office to attend a board or committee meeting before 5:00 p.m., which means you have to take the stuff home with you and work on it at night. Saturday. Sunday.
“Oh no,” you say, “I am constantly feeling stress, guilt and pain to meet the burdens of my professional and personal life.” The fact is that you probably have been able to put everything into balance. Maybe you need to take another look at how successful you really are at juggling all of those little ping pong balls.
If truth be told, you hold yourself to the lofty standards of our profession. You parcel out your time and you attack each problem as it comes, working as hard and as diligently as you possibly can. This doesn’t mean that this whole thing is easy. Certainly not. It is true that decisions have to be made, and priorities set, and ways found to do it all efficiently. You do it!
So, if you feel that everything is sometimes out of balance, recognize it, take a good, hard look at the most important things in each of your days, family, clients, charity work, just spending time with the people you love and who love you. You can’t measure your success based upon a particular day, a particular week, a particular case or a particular family situation. You have to measure it in sort of a global fashion. This day, this week, this month, may be particularly difficult, but on the whole, give yourself permission not to just taste, but to devour the good in life and the success that you have achieved. Things are never perfect, but congratulate yourself on your success and your ability to do it all.
MCBA News
By Rick R. Troy, Executive Director of the Macomb County Bar Association
On November 3 the Detroit Pistons take on the 2009 Eastern Conferene Chamion Orlando Magic at the Palace of Auburn Hills. We have arranged for a unique mixer in the Chairmen’s Club with the lawyers over in 248 that includes a special keynote speaker and lower level seats at a deep discount.
Kurt A. David is the author of the best selling book FROM GLORY DAYS – Successful Transitions of Professional Detroit Athletes. Kurt played professional basketball in Europe and now possesses an advanced degree in counseling. He is a nationally certified sports counselor, transition consultant for professional and Olympic athletes, and TV host/producer. If you think about it for a minute, 100% of professional athletes will be unemployed after their short career. Kurt’s success in helping these athletes traverse the many business, legal and interpersonal landscapes make for a compelling story. Join us. Members of the Macomb County Bar and Oakland County Bar are eligible for this event AND lower level seats for only $80.00. That is $100.00 off of face value!!!
Get your bowling shoes on and come bowl with the Judges. The MCBA will host a general membership meeting at The Rec Bowl on Nov. 5. Bowling lanes fill up fast and we will take bowlers on a first come first serve basis, so call the bar office right away to reserve your team’s spot. Bowling fans are encouraged to come on out and cheer for your favorite team. Prizes, food and fun for all that attend.
Our Professional Development Committee has been busy planning and executing CLE’s for you already. We started the year off with a free seminar on Intellectual Property and we have many more in store for you. See pages 12-13 for details on upcoming seminars.
Our Law Practice Committees have been busy meeting and planning events as well. And our Pro Bono Committee has packed in hundreds of citizens at their “Ask the Lawyer” events, with more being planned.
The Foundation too has been very busy. In September the Law Related Education Sub Committee on Constitution Day produced an instructional DVD, “An Introduction to the Constitution.” This instructional video features Congresswoman Candice Miller, Senator Mickey Switalski and Governor Jennifer Granholm. The program has been aired on several cable television programs and has been disseminated through all Macomb County Intermediate high schools through their RSS feeds. Copies of the program have been delivered to other area high schools as an instructional aid for teachers to use in the future. Constitution Day Chair Gail Pamukov deserves a round of applause for her tenacity in making this program a reality. View it on MacombBar.org today!
Legally Speaking, the award winning Law Related Education television show is back on track under the leadership of Chair John Kennedy. The first show of the year was cut on September 23 in front of a live audience. This town hall meeting had several MCBA members as panelists discussing the proposed Macomb County Charter. It is now airing on public cable television.
The Foundation has also been rebuilding the Lawyer Teacher Partnership program. This program helps students learn the precious lessons of what it means to live in a civilized society that respects the rule of law. If you are interested in giving a few hours of your time with tomorrow’s future, please contact Anne MacIntyre or the Bar office.
Each and every lawyer that gets involved in a project has shared with me a deep sense of accomplishment and pride. This is proof that it’s not just the public or the high school students that benefit from their efforts. So, why don’t you get involved? There are a lot of things going on with the Macomb County Bar. As a matter of fact we are looking for some fun loving people to chair the winter game show event. Give me a call and let’s get you involved!
Circuit Court Corner By Keith R. Beasely, 16th Circuit Court Administrator
Case Evaluation Waiting Area
It seemed to us in Court Administration that using the first two conference rooms for a waiting area for case evaluation panels was working very well and was much more comfortable for attorneys who have evaluations scheduled. Then I received an appropriate concern from a MCBA member: While sitting near the wall of the waiting room, he could unintentionally hear what was being said by evaluators in the next room. Unfortunately, the movable walls are not sound proof, while pretty good. As a result, we have started leaving the second conference room vacant as a sound buffer and are only using the first conference room and the lobby for waiting. Not as good, but I don’t think we can risk compromising the evaluation process. If you have comments, please feel free to contact me.
Court Appointed Attorney Requests for Payment
Its rare that we can make life easier for you, but here is one small way: Now that we have scanned images of the orders appointing attorneys on our computer system, we can eliminate the requirement that court appointed attorneys attach copies of the order appointing them to their request for payment in each case. This will also help Judicial Aide staff who are often approached to provide duplicate copies of lost orders of appointment.
The Macomb Community Domestic Violence Counsel's Personal Protection Order Subcommittee's Final Report By Hon. Tracey Yokich, 16th Circuit Court
?In 2006, the Michigan Uniform Crime Report identified 103,389 domestic violence offenses reported in Michigan. In Macomb County there were 7,671 domestic violence offenses reported, a 51% increase from 2005. The Michigan State Police Criminal Justice Information Center identified 93 intimate partner homicides statewide. In 2007, the Michigan Incident Crime Report documented 7,071 reported victims of domestic violence in Macomb County.
Domestic Violence Awareness Month provides an excellent opportunity for our community to learn more about domestic violence issues and support the organizations and individuals who are providing advocacy efforts, services and assistance to domestic violence survivors.
One resource that many domestic violence survivors turn to is a Personal Protection Order. Many survivors find that this is an essential piece of their safety plan. The Macomb Community Domestic Violence Council (MCDVC) identified a need for clarity concerning the issuance and enforcement of Personal Protection Orders in our community. As a result, a subcommittee was formed and has issued a report in hopes that all who serve survivors of domestic violence can better understand how Personal Protection Orders work from issuance to enforcement. Several recommendations of the report have recently been adopted by the Macomb County Circuit Court including the use of standardized orders to promote prompt detailed entry in to the Law Enforcement Information Network (LIEN) and the court providing “true copies” of all copies of the Personal Protection Orders to petitioners. If a petitioner has a “true copy” in hand, law enforcement may immediately enforce the provisions of the Personal Protection Order.
Other highlights of the report include Turning Point’s* request that the Judges not set hearing unless absolutely necessary and allow the petitioner to request a hearing if they choose to do so, when a safety plan is in place. In addition, if the court does set a hearing, there is no uniform practice as to whether the petitioner or court will provide notice to respondent of the hearing. Therefore, it is necessary for petitioner’s to inquire with the court to determine who will provide notice to respondent.
In addition, the report provides additional guidance for law enforcement that will be incorporated into Law Enforcement Domestic Violence Trainings in 2010. The MCDVC will also begin to offer additional training for human service workers and members of the Macomb County Bar Association in the near future.
Copies of the final report of the MCDVC Personal Protection Order Subcommittee can be requested at cwargel@turningpointmacomb.org
MCDVC Personal Protection Order 2009 Subcommittee Members
Ms. Sarah Prout, Esq.
Lakeshore Legal Aid
Carmen E. Wargel, LLMSW
Chair, Macomb Community Domestic Violence Council
Det. Dennis Kozikowski
St. Clair Shores Police Department
Hon. Tracey A. Yokich
Macomb County Circuit Court Judge*
Turning Point provides services to end domestic and sexual violence to over 400 individuals at the shelter and assistance to thousands of survivors who do not seek shelter each year.
Professionally Developing YOU! By Sherrie Detzler, Professioal Development Committee
As many of you know, I recently joined of counsel Kitch, Drutchas, Wagner, Valitutti and Sherbrook (The Kitch Firm). Kitch is headquartered in Detroit and has satellite offices in Chicago, Marquette, Toledo and Mt. Clemens. To celebrate their 40th anniversary, Kitch has orchestrated a competition amongst its employees to see who can raise the most money for and/or have the greatest impact on their favorite charitable causes.
Kitch has generously donated $1,000.00 to 40 different charities to jump start the fundraising efforts. Selecting only 40 charities from so many worthy causes was a challenging task in and of itself. Fortunately, my nominated charity, the Macomb Homeless Coalition (MHC), was selected among this elite group.
For those of you who are unfamiliar with the MHC, it is an umbrella association of providers of shelter and supportive services in Macomb County. Their mission is to act as an advocate for the homeless and potentially homeless in Macomb County by collaborating efforts that promote and sustain self-sufficiency. In 2004, the MHC put together a task force as part of a 10 year plan to end homelessness.
What most of us didn’t realize in 2004 was that in 2009 we would be struggling with record high unemployment rates and foreclosures. A recent survey revealed there are 1,176 homeless people in Macomb County and of those, 165 are children. The number of homeless children is up three percent over last year.
I know many of us in the legal profession are feeling the economic crunch, but at least we have food on our tables and roofs over our heads. We need to count our blessings, and do what we can to help the MHC with their mission to fight homelessness in Macomb County.
Our goal is to raise $10,000.00 for this charity, and although my fundraising ideas are not nearly as creative as some of my colleagues who have hosted events such as guest bartending nights, dog grooming fundraisers, twilight golf and 5k races, I am confident that Macomb attorneys are ready to be challenged!
Now for the fun part - please join us for appetizers and drink specials on Thursday, September 24, 2009 from 5:00 pm - 8:00 pm at Madison’s. I am challenging 40 lawyers to sell 5 tickets to this event, at $50.00 each, to help reach our goal for the MHC. Together I’m sure we can do our part to aid those who are less fortunate.
Please contact me at (586) 493-4436 to purchase your five tickets or for more information.Macomb Homeless Coalition Website - www.macombhomeless.com.
More Children Join Ranks of Macomb County’s Homeless, Survey Shows, Detroit News, May 8, 2009.
Practice Makes Perfect - Preparing Your Appearance By Donald P. DeNault, Jr., O'Reilly Rancilio PC
?When preparing your appearance or any other case caption involving a civil infraction, the proper "plaintiff" is the municipality, not “the people” of that municipality. In other words, the proper caption is “City of Sterling Heights v Tella Graham.” Don’t use “People of the City of Sterling Heights” because the matter is a civil case, not a criminal prosecution. The “People” of a municipal entity don’t usually sue anyone. They prosecute when the violation is criminal, but they don’t sue for civil concerns.
Of course, there’s always an exception to every rule, and sometimes the exception doesn’t make any sense. If the civil infraction is a violation of the Michigan Vehicle Code (not a local ordinance that adopts the Vehicle Code, nor an ordinance that calls itself a vehicle code, but rather the actual, honest-to-goodness Vehicle Code), then the proper caption is “People v Jay Walker.”
According to MCL 257.741, though, the proper “plaintiff” for civil infraction violations of the Vehicle Code is actually the State. Nevertheless, the rule adopted by the Michigan Supreme Court is to use “People” rather than “State.” This rule completely contradicts the notion that the People don’t sue, but apparently no one ever really thought it through that far.
What to do if your next client is charged with criminal and civil infraction violations? Well, most of us have become accustomed to just using one simple caption, like “People v Noah Lott.” However, the proper approach is probably to prepare two separate captions and treat the cases as separate and distinct. After all, one gets a trial and the other gets a formal hearing, right? But that’s a topic for a future teachable moment….
Source: The Michigan Uniform System of Citation, Section (I)(A)(4)(g).
Meet the New Judge, William Hackel III By Cora Morgan, Petersmarck & Associates, PC
There is a new judge in the 42(2) District Court in New Baltimore. Governor Jennifer Granholm recently appointing William Hackel III to the Court following the retirement of former Judge Paul Cassidy. Judge Hackel is the brother of current Macomb County Sheriff Mark Hackel and son of former Macomb County Sheriff William Hackel II. I recently sat down with the new judge to find out about his background, policies, practices and judicial philosophy.
Resume: Judge Hackel graduated from the University of Detroit Law School in 1986. He clerked for Federal Judge Lawrence P. Zatkoff for two years. Following his clerkship, he ventured out of Michigan and practiced privately for nine months in Tennessee and 11 years in California. Upon returning to the Metro-Detroit area, he worked as a labor and employment attorney with Pollard & Albertson, P.C., in Bloomfield Hills. He then spent nine years representing the City of Warren as an Assistant City Attorney. He is married and has two children, ages 10 and seven.
Judicial Philosophy: “I want to give everybody a chance to say what they want in either the prosecution or the defense of their case.” Since he has been an attorney for more than 20 years himself, he understands that each side wants a chance to state their case prior to the judge making a ruling. He believes in giving each attorney a chance to put forth their argument so attorneys can demonstrate to their clients that they are representing them fully and effectively.
Judge Hackel does not believe it’s his role to judge the person; it’s his role to judge the actions of the person. It is also his role to assess a punishment commensurate with the act, given the circumstances and the person’s history. He indicated that he is not on the bench to “hammer” people. He believes that people are adults and should be treated as such by the Court. He further indicated that he will not tolerate bad mouthing—attorneys are professionals and he expects them to act as such.
Judge Hackel stressed that his role on the bench is to get cases resolved. Prior to becoming a judge, he always felt that if he were a judge, he would never get involved in the negotiation process. However, now that he is on the bench, he finds that there are sometimes cases which could and should be resolved prior to trial and he will intervene if necessary to help the parties reach a resolution.
Court Policies: A hot issue right now is whether a court will allow a defendant time to pay fines and costs in light of MCR 1.110, which requires payment at the time of assessment. Judge Hackel will determine payment of fines and costs on a case-by-case basis. On some occasions, he will assess fines and costs and defer a jail sentence, and if the fines and costs are paid by a certain date, he will eliminate the jail time. He tries to do all he can to encourage defendants to pay in a timely manner because the courts need to do all they can to collect fines and costs in our struggling economy.
Judge Hackel will entertain pleas under all available Michigan criminal statutory deferred sentencing provisions, including MCL 771.1(2), MCL 769.4a(1), MCL 333.7411 and MCL 436.1703(3). He will also consider under-advisement pleas outside of those provided by statute, especially in cases where the parties are having difficulty reaching a resolution.
Criminal appointments: Judge Hackel maintains an indigent criminal appointment list. He will also make on-the-spot appointments if a defendant requests an attorney and there is an attorney present in the courtroom. His Chesterfield Township day (currently Tuesday according to his Court staff) is his busiest day and it is the day on which defense attorneys are most likely to receive on-the-spot appointments.
Judge Hackel took the bench on August 11, 2009. His term on the Court expires on January 1, 2011. I know the Bar joins me in wishing him well during his term on the Court and in thanking him for taking the time to speak with me so that we could all learn more about this new member of the Macomb County bench.
