grand rapids bar association newsletter - may/june 2013
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Grand Rapids Bar Association Newsletter - May/June 2013TRANSCRIPT
M A Y / J U N E 2 0 1 3
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grbar.org l May/June 2013 l The Grand Rapids Lawyer 3
THE GRAND RAPIDS LAWYERis published by the Grand Rapids Bar Association
Waters Building 161 Ottawa Ave., NW, Suite 203-B Grand Rapids, MI 49503 www.grbar.org 616.454.5550 / 616.454.7707 fax
Editorial Anne Marks-Gaertner
Advertising Coordinator Debbie Kurtz
STAFF
Executive Director Kimberly Coleman/ext. 105 [email protected]
Executive Assistant/Membership/ Inns Administrator Debbie Kurtz/ext. 101 [email protected]
Lawyer Referral Administrator Nancy King/ext. 107 [email protected]
OFFICERS & TRUSTEES
President T.J. Ackert . . . . . . . . . . . . . . . . . . . . . . 616.831.1730
President-Elect Kristin M. Vanden Berg . . . . . . . . . 616.456.2468
Vice-President Thomas R. Behm . . . . . . . . . . . . . . 616.235.5500
Secretary Nikole L. Canute . . . . . . . . . . . . . . . 616.632.8000
Treasurer A. Todd Almassian . . . . . . . . . . . . . 616.364.2100
Immediate Past President Mark R. Smith . . . . . . . . . . . . . . . . . . 616.235.3500
TrusteesDavid E. Bevins . . . . . . . . . . . . . . 616.235.3500Dennis J. Donohue . . . . . . . . . . .616.752.2192Elizabeth Joy Fossel . . . . . . . . . 616.336.6000Patrick F. Geary . . . . . . . . . . . . . . 616.458.5358Benjamin H. Hammond . . . . . . 616.458.3600Sarah Riley Howard . . . . . . . . . . .616.752.2541Hon. William G. Kelly . . . . . . . . . .616.554.0717Edward P. Perdue . . . . . . . . . . . . .616.458.1300Suanne Watt-Stay . . . . . . . . . . . . 616.732.1741
ON THE COVER: GRBA Leadership for 2013: T.J. Ackert, Immediate Past-President Kristin Vanden Berg, President Tom Behm, President-Elect Patrick Geary, Vice President
IN THIS ISSUE: May/June 2013
14 Ask-the-Lawyer Social Security Disability 6:00pm Grand Rapids Public Library
16 Board of Trustees Meeting Noon Waters Building
22 Family Law Section Noon University Club
27 Memorial Day Office Closed
30 Probate Section Annual Meeting 4:30pm-6:30 pm SpeakEZ
4 President’s Perspective By T.J. Ackert
5 YLS Update By Ross D. Plont
7 E.D. Torial By Kimberly A. Coleman
7 Welcome New Members
8 Law Day 2013 By Deborah J. Hughes
9 WLAM v. Judges Charity Softball
10 Photo Opportunity
12 Upcoming Events
13 GRBA Golf Outing
14 Criminal Notes By Timothy K. McMorrow
15 Marriage Equality By Richard Roan
17 Member Notes
17 Minority Clerkship Program Update
JULY 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
5 Summer Clerkship Reception 5:00pm TBD
5 Labor & Employment Section Noon University Club
15 WLAM v Judges Softball 5:00pm Fifth Third Ballpark
20 Board of Trustees Meeting 11:45am University Club
27 New Trustees & Officers Orientation Noon GRBA Office
4 Independence Day Offices Closed
GRBA Summer Office Hours: Beginning Tuesday, May 28, 2013, the Grand Rapids Bar Association office hours will be modified to the following:
Monday – Thursday: 8:00am – 5:00pmFriday: 8:00am – 1:30pmBar staff will resume our regular hours (8:30-5:00pm M-F) on Tuesday, September 3, 2013.
MAY 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
JUNE 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
4 The Grand Rapids Lawyer l May/June 2013 l grbar.org
BY T. J. ACKERT MILLER JOHNSON
As my term as President comes to a close, I am
reminded of the advice provided me at the ABA Bar Leadership Conference in early 2012: the primary role of the President of a Bar Association is to stay out of the way! It was good advice.
The Grand Rapids Bar Association is healthy and works daily to promote justice, professional excellence and respect for the law. The GRBA has over 1400 members who are served by 17 practice sections with ample and diverse educational and practice development programs. Programs are created to serve the diverse needs of our members ranging from young to senior lawyers, litigators, mediators, corporate, family, labor, criminal and real estate, to name a few. We continue to work to improve and expand the opportunities for you to enhance and grow your practice. Thank you to all the Section Chairs and the individuals who volunteer time to assist the Sections.
The Managing Partners Diversity Collaborative continues to work on its award winning plan to promote and achieve greater diversity and inclusion in the West Michigan legal community through education, hiring, retention and promotion. You will soon be learning more about the grabLaw initiative to recruit and retain minority and women professionals. I want to thank all of
those involved in the Collaborative for their continued hard work and dedication to these efforts.
The Legal Assistance Center
continues to serve the needs of the underserved and poor in our community. The LAC served over 16,000 individual patrons in 2012 on matters ranging from family law, landlord-tenant, probate and other civil matters. In considering the family members who benefit from the services provided to the individual patron, the LAC serves the interests of over 45,000 people each year. The work of the LAC deserves the continued support of the GRBA and its members.
The GRBA Executive Director, Kim Coleman, and the staff have tirelessly worked on the efforts of the Bar to modernize communications, operations and interactions with our members; all the while addressing the demanding needs of the Sections, Diversity Collaborative, members and planning for the various social events of the Bar. The Grand Rapids Lawyer is now delivered to you electronically. This enhancement provides expanded avenues to communicate with and link our members to content, registrations for events and provide feedback to the Bar while being cost effective and environmentally friendly.
Further, GRBA has implemented a new member and financial management software program known as Affiniscape. The program, along with updates to the GRBA website, provide the Bar with greater opportunities to track member interests, coordinate Section programs, manage registrations for events, provide for electronic payment methods, and enhance interaction with and feedback to the Bar. Members have already commented on the ease in finalizing payment on annual dues and Section fees. As the staff further understands the scope of the Affiniscape program you will notice additional enhancements to the GRBA experience.
I want to thank Kim Coleman for her vision and leadership of the GRBA; her guidance has kept the GRBA a leader in the State. Thank you to our staff, including long-time member Debbie Kurtz, for their efforts to support the day-to-day functions of the GRBA. We also thank our out-going Secretary, Nikole Canute and Treasurer, Todd Almassian, along with Trustees Dennis Donohue, Pat Geary and Suanne Watt-Stay for their service to the Bar. Finally, thank you - our members - for your support of, and involvement with, the Grand Rapids Bar Association. It is an honor to work within your midst and to have served you as your President.
P R E S I D E N T ’ S P E R S P E C T I V E
grbar.org l May/June 2013 l The Grand Rapids Lawyer 5
YLSYLS Update
It’s All About...…
As a young attorney, it is easy to jump into our new profession and allow it
to fully consume oneself. After enduring three years of law school, surviving the bar exam, and finally receiving a “license to practice law” the drive to get to work early and stay late comes naturally.
Whether you are a solo practitioner just starting your practice, an associate in a 200-plus-attorney firm, or somewhere in between, if you have chosen the law as your profession, then you likely share the same motivation and zeal for hard work as most attorneys. This trait is valued and promoted professionally, but can destroy other aspects of a young attorney’s life.
I am lucky enough have all seven of the partners of the firm at which I work be willing to share advice from their nearly 200 years of combined experience practicing law. Fortunately for me, the culture of our firm is such that family life is not only encouraged but expected to be prioritized above work life. This is not to say that the office is vacant by 5:00, quite the opposite in fact. The trait that I have learned from my mentors is that in order for me to have
sustained success, I have to be able to balance my professional life and personal life. Working long hours is inevitable in this field; but, working to excess can be more damaging than beneficial. This is where having a good mentor (or in my case, seven good mentors) is so handy.
I consider myself incredibly fortunate to have the mentors that I have who also happen to be my bosses. My advice for young attorneys is to—by all means—work hard and be willing to put in long hours. But don’t forget about your personal and family life and always strive to find the appropriate balance.
If you are just starting out as a solo practitioner or simply haven’t been able to find a mentor within your own firm, the Young Lawyers Section has a mentoring program through which you can request a mentor and you will be paired up with a more senior member of the bar. Contact Stephanie Newton at Newton Law Offices PLC for more information on the mentoring program: [email protected].
BalanceBY ROSS PLONT • GRUEL, MILLS, NIMS & PYLMAN
6 The Grand Rapids Lawyer l May/June 2013 l grbar.org
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grbar.org l May/June 2013 l The Grand Rapids Lawyer 7
BY KIMBERLY A. COLEMAN · EXECUTIVE DIRECTOR
E.D.Torial
Kenneth Breese
Marcia Boyce
Catherine Brainerd
Charles Curcio
Steffany Dunker
Anthony Greene
Lisa Hagenauer-Ward
Anita Hitchcock
Marcus Jones
Diana Nordlund
Daniel Packard
Katerina Vujea
Michael Warren
Clay West
Beth Wickwire
O
n behalf of the staff and the Trustees of the Grand Rapids Bar Association, I am delighted to welcome our new officers and trustees whose terms will
begin on July 1, 2013. Congratulations to: Patrick F. Geary, vice president, Randall L. Velzen, secretary, Elizabeth K. Bransdorfer, treasurer, and Marcus R. Jones, Brian K. Lawson and Courtney L. Quist, trustees. We are looking forward to working with you in the years ahead. Many thanks to all the exceptional candidates who agreed to stand for election this year and to the Nominating Committee who worked so diligently on the 2013 Elections. As is the case each year, you, our Members, identified and selected outstanding candidates to lead and support your Bar Association. Congratulations on a job well done!
In this, our third year of online voting, we were pleased to report our voter participation. We received overwhelmingly positive feedback and we hope to continue to improve our election process.
As we welcome our new Officers and Trustees, we also want to take time to recognize the hard work and dedication of our outgoing Officers and Trustees. Special thanks to outgoing President, T.J. Ackert, Secretary, Nikole Canute, Treasurer, Todd Almassian and Trustees, Dennis Donohue, Patrick Geary and Suanne Watt-Stay. The leadership you provided to the association has been greatly appreciated. Best wishes to you now and in the future.
- Kim Coleman
WELCOME New Members
Welcome
New Officers
Patrick F. Geary Vice President
Randall L. Velzen Secretary
Elizabeth K. Bransdorfer Treasurer
Marcus Ray Jones Trustee
Brian K. Lawson Trustee
Courtney L. Quist Trustee
8 The Grand Rapids Lawyer l May/June 2013 l grbar.org
Justice, due process, fairness, dignity, respect
and acceptance are among the values held by lawyers and celebrated on Law Day 2013. These are the values we all work together to bring to life at the Legal Assistance Center.
As a legal self-help center we assist those in our community who are trying to solve basic legal problems on their own. We help people help themselves. Our goal is to guide people to be better informed, better prepared, and to have an opportunity to be heard – a chance to tell their story.
We listen to those who are lost, frustrated and feel they have nowhere to turn. We provide information about basic legal matters and offer forms that will help them to use the courts on their own. We provide connections to lawyers and community resources. We suggest mediation.
The people we help don’t choose to do it on their own. They simply don’t have an option. But with a little help they can decide how to try to solve their legal challenges. They do have an opportunity to tell their story. Our staff and volunteers listen and offer information and options, not advice. Some options use the courts, others do not. Still their task is not an easy one. They come before the court alone. There are more rules and challenges than they will ever grasp. But they understand a bit more. And they hope to do a bit better for themselves and for their families.
On this Law Day 2013 we thank you, members of the Grand Rapids Bar Association, for helping to provide dignity, respect, fairness and justice in our community by assuring that everyone has access. Without access, there is no justice.
Law Day 2013G R AN D R API DS PROVI D E S ACC E S S TO J USTI C E
You may know of someone who needs this kind of help. Anyone can walk in to the Center, Kent County Courthouse, 5th Floor, Tuesday to Friday 8:30 am to 5:00 pm or call 616-632-6000. Help is free. There is a low cost for copies and some case packets. These patron contributions also help to support the LAC.
BY DEBORAH J. HUGHES, EXECUTIVE DIRECTOR
“Everyone there
was helpful and kind
to my situation.
I never would have
accomplished [this]
without them.”
~ LAC Patron
“Access to justice is a
dream. We must make
it a reality.”
~ John W. Cummiskey
grbar.org l May/June 2013 l The Grand Rapids Lawyer 9
The Judges Response:Women’s Lawyers Annual Challenge Poem:
WLAM vs. Judges Annual Charity Softball Game
Saturday June 15 • 5:00pm
FiFth third BallparkWhitecaps game follows at 7:00pm
Stay late for the post-game fireworks!
Tickets are $15 for Adults & $10 for Kids (ages 3-12)
To order tickets, contact Linda Jo Carron at [email protected]
Proceeds benefit YWCA of West Central Michigan
“Our Year”
Judges, you’ve come from courts far and wide;
You always seem to have luck on your side.
Although injuries have plagued us in the past,
Your winning streak just won’t last.
While the record may show four wins in a row,
This year, the women will make you eat crow.
Two women in the in-field is the game rule;
Your blind disregard of which just wasn’t cool.
With hits down the line,
We’ll earn one base at a time.
We only have to beat you by one;
Your years of winning will soon be done.
So let these words incite great fear;
This 30th anniversary will be OUR year.
(RHYME: MARY HAD A LITTLE LAMB)
The Judges want a victory,Victory, victory,The Judges want a victory,As sure as sure can be.
And everyone should come and watch,Come and watch, come and watch,And everyone should come and watch,The game at Fifth Third Park.
The date this year is June 15th,June 15th, June 15th,The date this year is June 15th,We hope to see you there.
The women lawyers want to win one game,Win one game, win one game,They surely want to win one game,But the Judges can’t be stopped.
The Judges are true athletes,Athletes, athletes,The Judges are true athletes,Who live and breathe this game.
We wish the women lawyers luck,Lawyers luck, lawyers luck,We wish the women lawyers luck,In this our 30th game.
They will need a miracle,Miracle, miracle,They will need a miracle,To have a chance to win.
Respectfully submitted, Coach Sara Smo
Law Day
Fellows Reception
New Attorney Orientation
LegaL Careers
New Attorney Orientation Annual MeetingSpecial Thanks to Our
Annual Meeting Sponsors
Adamy Valuation
D4
Office Staffing,
division of Axios, Inc.
Pasman GSC Financial
Paul Goebel Group
Plante Moran
12 The Grand Rapids Lawyer l May/June 2013 l grbar.org
Upcoming Events
Criminal Law UpdateTimothy K. McMorrow of the Kent county
Prosecutor's office presents an update on decisions that impact the practice of
criminal law in Michigan.
September 18, 2013at Noon
University ClubCost is $25 per person and includes
materials and buffet lunch.
Presented by the GRBA Criminal Law Section.
etc.
Lansing Center, Lansing September 18-20
State Bar of Michigan
ANNUAL MEETINGicLe SoLo & SMaLL firM INSTITUTE
&
R E A C H H U N D R E D S O F D E C I S I O N M A K E R S I N O N E P L A C E
CONFIDENTIAL COUNSELING SERVICES for Professionals
and Executives
Joseph E. BudnickLimited License Psychologist
▶EXHIBIT BOOTH $950• 10'x10'boothspace• One2'x8'coveredandskirtedtable withtwochairs• Fullycarpetedexpohall• Fourexhibitpersonnelnamebadges• Companydescriptionlistinginon-siteprogram andmobileapp• Post-conferenceattendeeroster
▶DIAMOND GAVEL SPONSOR $3,000 | (choose one) 1.StateBarAwardsBanquet,WednesdayEvening 2.StateBarInauguralLuncheon,Thursday 3.CyberCafélocatedinExhibitHall PACKAGE INCLUDES: Doubleexhibitboothspace($1,900value) Companynameandlogoontheconventionwebpage
($500value) Companynameandlogoinallpreconferencemarketing
($500value) Complimentaryfull-pageblack&whiteadintheonsite
program($400value) Oneapprovedmarketingorcollateralpieceinsertedin
conferencetotebag($300value) Eventsponsorsignagewhereapplicable($100value) SponsorshipacknowledgementintheMichigan
Bar Journal followingtheevent.
EXHIBIT BOOTH PACKAGES
▶PLATINUM GAVEL SPONSOR $2,000 | (choose one) 1.ThursdayContinentalBreakfastandBreaks 2.FridayContinentalBreakfastandBreaks 3.Thursdayeveningreception 4.Friday50-YearGoldenCelebrationLuncheon
PACKAGE INCLUDES: 10'x10'primeexhibitboothspace($950value) Companynameandlogoontheconventionwebpage
($500value) Companynameandlogoinallpreconferencemarketing
($500value) Complimentaryfull-pageblack&whiteadintheonsite
program($400value) Oneapprovedmarketingorcollateralpieceinsertedin
conferencetotebag($300value) Eventsponsorsignagewhereapplicable($100value) SponsorshipacknowledgementintheMichigan
Bar Journal followingtheevent.
▶GOLD GAVEL SPONSOR $1,000 | MULTIPLE AVAILABLE Sponsorasanon-exhibitingfinancialpartner.
PACKAGE INCLUDES: Companynameandlogoontheconventionwebpage
($500value) Companynameandlogoinallpreconferencemarketing
($500value) Oneapprovedmarketingorcollateralpieceinsertedin
conferencetotebag($300value) Eventsponsorsignagewhereapplicable($100value) SponsorshipacknowledgementintheMichigan
Bar Journalfollowingtheevent.
OTHER MARKETING OPPORTUNITIES▶CONFERENCE TOTEBAGS
$3000 or SUPPLY 1500 BAGSEachregistrantreceivesaconferencetotebag.
▶LANYARDS$2000 or SUPPLY 1500 LANYARDSEachregistrantreceivesaconferencelanyard.
▶DOOR PRIZESCreateexcitementbyholdingadoorprizedrawing.Asattendeesvisityourtable,youcancollectbusinesscardsandvaluablecontactsbyofferingaprizeorgifttobedrawn.Youwillberesponsiblefornotifyingthewinner.
▶CUSTOM SPONSOR PACKAGESItemsandeventsmaybepurchasedàlacarteorcanbecombinedtocreateacustomizedpackage.ContactStacyMarciniakformoreinformation(517)346-6315,[email protected]
QUESTIONS? Contact Stacy Marciniak (517) 346-6315 or [email protected]
www.michbar.org/annualmeeting.cfm
616.250.4736Paralegal Project Specialist Notary
Jessica Elin O: 616.425.9327 C: 847.452.2327 [email protected]
Helping you catch up case-by-case, project-by-project
Constitution DaySeptember 17, 2013
Want to be part of Constitution Day 2013?
Contact Kim Coleman at 616-454-5550
grbar.org l May/June 2013 l The Grand Rapids Lawyer 13
Reservation Form — GRBA Golf OutingPlease register the four people listed below for the Grand Rapids Bar Association’s 2013 Golf Outing.
The person listed as “Golfer #1” will serve as the team contact.
Golfer #1 Name: ______________________________________________
Firm: _______________________________________________________
Address: ____________________________________________________
City: ____________________________ State: ________ Zip: _________
Phone: ______________________________________________________
Email: _______________________________________________________
Golfer #2 Name: _____________________________________________
Phone: ___________________________Firm: ______________________
Golfer #3 Name: _____________________________________________
Phone: ___________________________Firm: ______________________
Golfer #4 Name: _____________________________________________
Phone: ___________________________Firm: ______________________
Please enter us in the following division: q Firm (all players from the same firm) q Mixed
Return this reservation form and check(s) totaling $400 (payable to GRBA) to:
Grand Rapids Bar Association161 Ottawa Ave NW, Ste 203B Grand Rapids, MI 49503
Reservations must be received by August 8, 2013
Questions? Call 616-454-5550
GRAND RAPIDS BAR ASSOCIATION Golf Outing
Sponsored by the Justice Foundation of West Michigan & The GRBA Young Lawyers Section
August 15, 2013 • Thornapple Pointe Golf ClubJoin us for this 18 Hole, 4 golfer scramble with a shotgun start.
Teams compete in the Firm (4 golfers from same firm) or Mixed (any combination of firms) division. A travelling trophy goes to the winning firm. Many other awards and prizes are presented.
REGISTER EARLY TO RESERVE YOUR SPOT!Cost is $100 per person (includes 18 holes of golf with cart, prizes, boxed lunch and dinner. )
Registration begins at 12:00pm with lunch available. Shotgun start at 1:00pm.
Dinner and awards presentation to follow (must be present to win)Cash Bar at the 19th Hole!
14 The Grand Rapids Lawyer l May/June 2013 l grbar.org
C R I M I N A L N O T E S
It is widely perceived that Antonin Scalia is a law-and-order Supreme
Court Justice who will side with the prosecution in most cases. That perception persists even in the face of Justice Scalia having authored in the past several years most of the significant defense victories in the United States Supreme Court. For example: Crawford v Washington, 124 S Ct 1354 (2004), strengthening the Confrontation Clause of the Sixth Amendment and greatly restricting the prosecution’s ability to use hearsay evidence; Blakely v Washington, 124 S Ct 2531 (2004), invalidating sentencing schemes that allowed maximum sentences to be increased by facts not pled and proven beyond a reasonable doubt; Kyllo v United States, 121 S Ct 2038 (2001), invalidating the use of a thermal imaging device without a warrant to reveal heat sources in a home; and United States v Jones, 132 S Ct 945 (2012), finding that the placement of a GPS device on a car constitutes a search for purposes of the Fourth Amendment.
The trend continues. In Florida v Jardines, decided March 26, 2013, Justice Scalia, against writing for the majority, said that a police officer may not without a warrant bring a drug sniffing dog to the front of a house, and then use the dog’s alert to establish probable cause to later obtain a search warrant. The use of the dog itself constituted a search without a warrant, Justice Scalia wrote, and was itself a violation of the Fourth Amendment.
The decision caught many people by surprise, since the Court just a month earlier, in Florida v Hayes, 133 S Ct 1050 (2013), had unanimously reversed a Florida Supreme Court decision that had circumscribed the use of drug sniffing dogs generally. And it has long been held that a police officer may do what any citizen may do, walk to the front of a door, knock on the door, and attempt to engage in conversation with the people inside. Breard v Alexandria, 71 S Ct 920 (1951); Kentucky v King, 131 S Ct 1849 (2011). So, what is the difference between a police officer walking up to the front door, and the officer bringing the drug sniffing dog with him?
The difference, Justice Scalia wrote, was in the different intent of the two circumstances. The front door was part of the curtilage of the home, an area entitled to protection under the Fourth Amendment. But there is an implied license for the public, and for a police officer for that matter, to simply walk up to the front door and knock on the door or ring the doorbell. That, indeed, is the purpose of having a front door. Still, the area of the door remained part of the curtilage of the home. Thus, while “the knocker on the front door is treated as an invitation or license to attempt an entry, justifying ingress to the home by solicitors, hawkers and peddlers of all kinds,” this “implicit license typically permits the visitor to approach the home by the front path, knock promptly, wait briefly to be received, and then (absent invitation
to linger longer) leave. Complying with the terms of that traditional invitation does not require fine-grained legal knowledge; it is generally managed without incident by the Nation’s Girl Scouts and trick-or-treaters.” “An invitation to engage in canine
forensic investigation assuredly does not inhere in the very act of hanging a knocker.” Justice Scalia further noted that “to find a visitor knocking on the door is routine (even if sometimes unwelcome); to
spot that same visitor exploring the front path with a metal detector, or marching his bloodhound into the garden before saying hello and asking permission, would inspire most of us to – well, call the police.”
While I certainly don’t welcome opinions that restrict law enforcement, I cannot argue with the logic of this opinion. And it is entertaining, a wonderful example of legal writing. The dissents are equally well reasoned and written, if not with the same flair as Justice Scalia’s lead opinion. It (assuming that ‘It’ refers to ‘the opinion’ in the phrase that follows, then the sentence can simply read ‘In any event, the opinion…”) is in any event, the opinion is consistent with Justice Scalia’s approach “that when it comes to the Fourth Amendment, the home is first among equals.” The next time someone tells you that Justice Scalia is a prosecutor’s rubber stamp: don’t believe it. He in fact may be, in the area of the Fourth Amendment, the best friend a criminal defendant has on the United States Supreme Court.
another Pro-Defense Decision from Justice scaLia
BY TIMOTHY K. McMORROW • KENT COUNTY PROSECUTORS OFFICE
grbar.org l May/June 2013 l The Grand Rapids Lawyer 15
In my capacity as Chair of the LGBT/Alternative Family Committee of the American Academy of Matrimonial Lawyers (AAML), I attended the March 26 and 27 oral
arguments on the two Marriage Equality cases submitted to the Supreme Court, Hollingsworth v. Perry addressing California’s Proposition 8 and U.S. v. Windsor representing Edith Windsor’s challenge to the federal estate tax impact of the Defense of Marriage Act (“DOMA”). The AAML LGBT/A F Committee worked with the AAML Amicus Committee to identify and ultimately recommend to the AAML National to sign on to one brief in each case.
In preparation for the first hearing, an all-night curbside wait in 37degree weather was tempered by the hopeful mood of hundreds of people in the lines, some having waited days to bear witness to this moment of history. Walking almost silently and in single file, we passed through the brass gates and past the heavy red velvet draperies into the Chamber itself. Soaring three stories high, the ceiling caps a room that exudes solemnity and the promise, carved into stone over the entry portal, “equal justice under the law”.
With all eyes glued to the huge clock centered on the front wall above the Chief Justice’s chair, precisely at the stroke of 10:00 am a buzzer sounded and the Justices appeared from behind the red velvet draperies and took their seats. After allowing the attorneys to argue “overtime” for approximately 20 minutes, at 11:30 am Chief Justice Roberts abruptly stated the case was submitted, everyone rose, and the Justices disappeared behind the red velvet drapes.
On March 27th the Court heard arguments in the Windsor case challenging Section 3 of DOMA in which Edie Windsor was charged a Federal Estate tax when she inherited the entirety of the marital estate accumulated with her wife Thea, over 44 years. Fourteen months prior to Thea’s death, knowing the end was near, the couple flew to Toronto and legally married because their home state did not recognize same sex marriage. Had Thea been a “Theo”, there would not have been an inheritance tax as such property transfers upon death of a spouse are exempt.
Arriving at the High Court this morning with her shock of blonde hair and a dramatic bright pink scarf around her neck, 83 year old “Edie” as she prefers to be called, stood out in the crowd of court watchers and media folks. The arguments concluded after 2 intense hours of questions, answers, and more probing. When the Justices left and the courthouse emptied, throngs of supporters cheered as the attorneys and spectators came down the marble steps. The sentiment of the people was heard with a collective chant “Edie - Edie - Edie” as the Plaintiff waved to the assembled crowds on the street, and descended the steps, pink scarf waving in the brisk wind like a banner of hope and victory.
Until my involvement on the AAML committee, I never perceived myself as an activist. I had worked representing parties in domestic relations actions in Grand Rapids for twenty-five years, helping LGBT folks, one client at a time who have come to me for legal advice, counseling and representation. Now suddenly, on a national stage, I find it empowering and humbling to work to effect change and to ensure more equality for the LGBT community in the Marriage Equality movement. Similar to the civil rights marches on Washington in the 1960’s, being present for these oral arguments at this historic moment was a life-altering experience. The Court releases its decisions in these two cases by the end of June. The complete transcripts of the oral arguments are available at the Supreme Court website at http://www.supremecourt.gov/.
RICHARD ROANEWARNER NORCROSS & JUDD LLP
The sentiment
of the people
was heard with a
collective chant
“Edie - Edie
- Edie” as the
Plaintiff waved
to the assembled
crowds on the
street, and
descended the
steps, pink scarf
waving in the
brisk wind like a
banner of hope
and victory.
Observing Historical Marriage Equality Arguments in the US Supreme Court
16 The Grand Rapids Lawyer l May/June 2013 l grbar.org
FACILITATIVE MEDIATORYears of Experience on Federal VFM Panel and
on multiple Circuit Court Panels.
Over 30 Years Litigation Experiencein Michigan and Other Jurisdictions.
Administrative Practice and Facilitation in Multiple Regions.
• Past-Chair,GrandRapidsBarAssociation ADR Section.
• Multi-YearPeerRecognition- Best Lawyers® and Superlawyers®.
• AV-Pre-eminentMartindale-Hubbellrating.
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DUSTIN P. ORDWAY, ESQ.300 Ottawa Avenue, N.W., Suite 801
Grand Rapids, MI 49503
U.S. District Court399 Federal Bldg. 110 Michigan St., NWGrand Rapids, MI 49503
U.S. District Court 315 W. Allegan St. Lansing, MI 48933
Comments from members of the Bar and the public are invited as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the court and should be directed to Tracey Cordes, Clerk of Court, U.S. District Court, 399 Federal Bldg., 110 Michigan St., NW, Grand Rapids, MI 49503. EOE
Comments must be received by 4:30 p.m. on Friday, May 24, 2013.
U.S. District Court410 W. Michigan Ave.Kalamazoo, MI 49007
U.S. District Court229 Federal Bldg.Marquette, MI 49855
Public Notice for Reappointment of Incumbent Magistrate JudgeThe current term of office of United States Magistrate Judge Timothy P. Greeley is due to expire on December 20, 2013. The United States District Court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight-year term.
A full public notice for the magistrate judge position is available on the court’s Internet website at www.miwd.uscourts.gov and posted in the offices of the clerk of the district court at:
grbar.org l May/June 2013 l The Grand Rapids Lawyer 17
MEMBER NOTES
This Minority Clerkship Program along with the Floyd Skinner Bar Association is designed to bring first-year law students from diverse backgrounds to Grand Rapids for a summer internship with a firm or company. This year, the program received applications from many highly qualified students. We are grateful to the Floyd Skinner Bar Association for their continued support, and to the following organizations that accepted clerks from the program:
Thank You to Firms Participating in 2013 Minority Clerkship Program
The goal of this program is to increase diversity in the Grand Rapids legal community. The number of clerkships available is limited only by the local law firms and companies participating. To learn how your firm or company can be part of the clerkship program, please contact the Grand Rapids Bar Association at 616-454-5550. Increasing the number of clerkships available will, we believe, benefit both exceptional law students and our legal community.
Christine P. Gilman has been named Executive Director of the Dispute Resolution Center of West Michigan. Chris has been with the Center for a number of years as both an active mediator, a board member, and most recently as interim ED. Learn more about the DRCWM at their website www.drcwm.org
Rhoades McKee Labor and Employment Attorney, Mary Ann Cartwright was re-appointed to the Ottawa County Community Mental Health Board for a three-year term. Cartwright is a member of its Executive Committee and Chair of the Finance Committee. Cartwright has served as a board member since 2007.
Law Weathers law firm was named among the 101 “Best and Brightest Companies to Work For” for 2013. This is the ninth year the firm was named to the exclusive list of West Michigan employers chosen by the Michigan Business & Professional Association. Law Weathers is one of three law firms that received this award.
Visit our website for more news from your fellow Bar members.
18 The Grand Rapids Lawyer l May/June 2013 l grbar.org
grbar.org l May/June 2013 l The Grand Rapids Lawyer 19
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