Judge calls Trial a "B" movie!

Good Morning Flint!
By Terry Bankert
9/30/2009
　
Judge call trial a “B” movie.

Flint Divorce Attorney Terry Bankert reviews here ,child custody issue, the case of (S) v (S) a Genesee County Case with a local case number 07-278620-DM . The Michigan Court of Appeals issued an unpublished Opinion on 9/17/09 where it upheld the lower court ruling. The Parties, Judge and Attorneys can be seen by going to The Genesee County ,Courts,7th Judicial district/court records , 07-278620-DM

In this case Flint Divorce Lawyer Terry Bankert states the mother appeals as of right the judgment of divorce.

Specifically, she contests the trial court’s award of joint physical custody, with her and Husband alternating custody of their children.

The Michigan Court of Appeals found the trial court’s factual findings were not against the great weight of the evidence, because the award of joint physical custody was not an abuse of discretion, and because the trial court did not consider evidence outside the record, the Court of appeals upheld the lower court decision.

How does the Michigan Court of Appeals review a local court decision on custody?

The Michigan Court of Appeals applies three standards of review in child custody cases. McIntosh v McIntosh, 282 Mitch App 471, 474; 768 NW2d 325 (2009).

First, they review the trial/local court’s findings of fact, including the court’s ultimate finding on a particular factor, under the great weight of the evidence standard, and the Michigan Court of appeals will affirm the findings unless the evidence clearly preponderates in the opposite direction. Fletcher v Fletcher, 447 Mich 871, 881; 526 NW2d 889

The Michigan Court of Appeals will defer to the trial court’s credibility determinations.
McIntosh, supra at 474.

Second, they will review the trial court’s legal conclusions for clear legal error. Fletcher, supra at 881.

Third, they review the trial court’s discretionary decisions, including the court’s ultimate award of custody, for an abuse of discretion. McIntosh, supra at 475.

In child custody cases, a trial court abuses its discretion when its chosen result is “‘so palpably and grossly violative of fact and logic that it evidences not the exercise of will but perversity of will, not the exercise of judgment but defiance thereof, not the exercise of reason but rather of passion or bias.’” Shulick v Richards, 273 Mich App 320, 324-325; 729 NW2d 533 (2006), quoting Spalding v Spalding, 355 Mich 382, 384-385; 94 NW2d 810 (1959).

Did you know that in determining custody, the overriding concern is the child’s best interests.” McIntosh, supra at 475. The Child Custody Act sets for the criteria for determining a child’s best interests:

(a) The love, affection, and other emotional ties existing between the parties
involved and the child.

(b) The capacity and disposition of the parties involved to give the child love,
affection, and guidance and to continue the education and raising of the child in
his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with
food, clothing, medical care or other remedial care recognized and permitted
under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment,
and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home
or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of
sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a
close and continuing parent-child relationship between the child and the other
parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or
witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child
custody dispute. [MCL 722.23.]

In Michigan a local trial court must consider, evaluate, and determine each of the factors contained in MCL 722.23 in determining a child’s best interests. Sinicropi v Mazurek, 273 Mich
App 149, 182; 729 NW2d 256 (2006).

However, “[a] court need not give equal weight to all the factors, but may consider the relative weight of the factors as appropriate to the circumstances.” Id. at 184.
　
In this case rather than make a judgment regarding which parent was a better human being, the trial court determined that the children would be better off maintaining an equal relationship with both, and that this would provide the stability recommended by the doctors.

Therefore, the trial court awarded joint custody.

The Michigan Court of Appeals deferred to the local trial court’s determinations of credibility and, as discussed above, the findings for the best interests factor were not against the great weight of the evidence. The trial court did not abuse its discretion in awarding joint custody.

The Michigan Court of Appeals did uphold the finding and order of the local trial court.

You may find interesting a written statement of the local trial judge when the judge gave the courts general impression of the entire case in the opening
paragraphs of its written opinion and order:

So much time was expended in a “B” movie-like format in an attempt to persuade
the Court as to who was the real low-life in the marriage. The tact was not
outcome-determinative and was otherwise a colossal waste of money and
emotional energy

Posted here by
Terry Bankert
　

Sphere: Related Content

MOM GETS TO MOVE 200 MILES, DAD DRIVE 12 HRS TO SEE HIS KIDS ON WEEKEND IN HIS HOME!

GOOD MORING FLINT!
9/28/09
by Terry Bankert
http://www.flintfamilylaw.com/

CAN YOU BELIVE THIS, DAD ACTIVE IN CHILDS LIFE CANNOT STOP MOM FROM MOVING 200 MILES AWAY!


Hot off the Press,
WHO YOU ELECTED TO BE A JUDGE DOES AFFECT YOUR LOVED ONES LIVES!

Flint Divorce Attorney Terry Bankert reviews a 9/17/09 unpublished opinion of the Michigan Court of Appeals. Flint Lawyer Terry Bankert practices Family Law in Genesee County Flint Michigan dealing often with the issues of change of domicile and custodial environment.

Here we discuss a case where Father Defendant appeals as is his right an order of a local court granting a motion for change of domicile , OVER 200 MILES,in favor of Mother Plaintiff.The local order permitted mother/plaintiff to move from Utica, Michigan to Wellston, Michigan with the parties’ minor child.

The Michigan Court of Appeals said the local court got it right.

HOW FAR IS MOM MOVING THE KIDS FROM DAD?

If Michigan were your left hand A move from Utica Michigan to Wellston Michigan would be from the base of your left thumb to the base of your little finger.This move by a Yahoo Map is 218.60 miles, A 3.34 hr drive.

To test for distance in court use a straight line.

To take his kids to his home for the weekend assuming dad is responsible for all driving he spends 12 hours in the car the kids would spend 6.

Think about it. If you were dad and had been active with your kids during and after school and regularly took them to visit with your family locally could you keep it up with this drive? The Michigan Court of Appeals would say YES!

What does common sense say?

If dad had been move acvtive in the childs life the outcome for him may have been different.

The local court also found that the mother and father had conducted themselves in a way in which the mother primarily had physical custody.　

Although testimony indicated that the child looked to father for his needs while inFathers care and there were periods of time where fathers time with the child was more than what was scheduled, father can point to no testimony establishing that the child also looked to him for guidance, discipline, and parental comfort on a day-to-day basis.

THE FATHER AND CHILD relationship does not have the characteristic of permanence and stability that is emblematic of an established custodial environment.

HERES A 10 DOLLAR WORD!

emblematicemblematical, #"/definition/symbolic"symbolic, # "/definition/symbolical"symbolicalserving as a visible symbol for something abstract; "a crown is emblematic of royalty"; "the spinning wheel was as symbolic of colonical Massachusetts as the codfish" emblematic, exemplary, typicbeing or serving as an illustration of a type; "the free discussion that is emblematic of democracy"; "an action exemplary of his conduct";　　

FAMILY LAW ISSUES

1.Change of minor child's domicile; MCL 722.31(4);

2.Whether the child had an established custodial environment with both parties; Foskett v. Foskett; Rittershaus v. Rittershaus; Mogle v. Scriver; MCL 722.27(1)(c); Baker v. Baker; MCL 722.28; Berger v. Berger; Phillips v. Jordan

MICHIGAN COURT OF APPEALSCourt: Michigan Court of Appeals (Unpublished),September 17, 2009,v No. 291045Macomb Circuit Court,LC No. 2002-002204-DS,Case Name: Avouris v. Rasa,e-Journal Number: 43790,Judge(s): Per Curiam - Sawyer, Cavanagh, and Hoekstra[This opinion has been modified for presentation-TRB 9/29/09]

THE LOCAL COURT GOT IT RIGHT ON CUSTODIAL ENVIRONMENT

The trial court's finding the parties' minor child's established custodial environment was solely with the plaintiff-mother was not against the great weight of the evidence, and it did not abuse its discretion in ruling a change of domicile within the state was warranted under MCL 722.31(4).

A MOVE DISRUPTING PARENTING TIME COULD DISRUPT THE CUSTODIAL ENVIRONMENT

Where there is a joint established custodial environment, neither parent’s custody may be disrupted absent clear and convincing evidence. Sinicropi v Mazurek, 273 Mich App 149, 178;729 NW2d 256 (2006), citing Foskett v Foskett, 247 Mich App 1, 8; 634 NW2d 363 (2001).

WAS THERE JOINT CUSTODY?

DID THE MOVE CHANGE THE CUSTODIAL ENVIRONMENT?

IF YES THEN MOM NEEDED TO SHOW BY CLEAR AND CONVINCING EVIDENCE .

“[T]he trial court is not required to consider the best-interest factors until it first determines thatthe [domicile] modification actually changes the children’s established custodial environment.”Rittershaus v Rittershaus, 273 Mich App 462, 470-471; 730 NW2d 262 (2007).

HERE MOM ONLY HAD TO MAKE HER CASE BY THE LOWER STANDARD OF PREPONDERANCE OF THE EVIDENCE.

Where the change in domicile will not affect the established custodial environment, the moving party has only “the burden of establishing by a preponderance of the evidence that the change in domicile is warranted.” Mogle v Scriver, 241 Mich App 192, 203; 614 NW2d 696 (2000).

DAD LOST THE JOINT CUSTODY ARGUMENT

The defendant-father argued the trial court should have required plaintiff to show the change in domicile was in the child's best interests by clear and convincing evidence because he had an established custodial environment with both parties, and challenged the trial court's findings on the factors in MCL 722.31(4)(a)-(c).

The parties in this case had joint custody of the child, but plaintiff, the child’s mother,had full physical custody.

The trial court found that an established custodial environment only existed with plaintiff. Defendant argues that this finding was against the great weight of the evidence.

He contends that the child had an established custodial environment with him as well,and because of this the trial court clearly erred by not requiring plaintiff to show by clear and convincing evidence that the change in domicile was in the child’s best interests.

This argument requires a review of whether the trial court’s finding that there was not an established custodial environment with defendant was against the great weight of the evidence.

MCL 722.27(1)(c) provides:

The custodial environment of a child is established if over an appreciable time thechild naturally looks to the custodian in that environment for guidance, discipline,the necessities of life, and parental comfort.

The age of the child, the physicalenvironment, and the inclination of the custodian and the child as to permanencyof the relationship shall also be considered.

Whether an established custodial environment exists is a question of fact. Foskett, supra at 8.

An established custodial environment can exist with both parents, even if the child’s primary residence is with one parent and the same parent provides most of the financial support for the child. Jack v Jack, 239 Mich App 668, 671; 610 NW2d 231 (2000).

Further, an established custodial environment is one of significant duration, both physical and psychological, “in which the relationship between the custodian and child is marked by security, stability and permanence.” Baker v Baker, 411 Mich 567, 579-580; 309 NW2d 532 (1981)

Here the court looked for characteristic of permanence and stability that is emblematic of an established custodial environment. Mother plaintiff only needed to prove that the change in domicile was warranted by a preponderance of the evidence.　

In determining the child's established custodial environment was with plaintiff, the trial court noted he primarily lived with plaintiff and attended school from her home.

The trial court found while both parties participated in the child's school life and attended doctor's appointments, they conducted themselves in a way in which plaintiff primarily had physical custody.

While testimony indicated the child looked to defendant for his needs when he was in his care and there were periods where his time with the child was more than what was scheduled, defendant could not point to testimony showing the child also looked to him for discipline, guidance, and parental comfort on a day-to-day basis.

The court concluded their relationship did "not have the characteristic of permanence and stability that is emblematic of an established custodial environment."

When a parent petitions the court to change the legal residence of the child to alocation that is more than 100 miles from the child’s legal residence, the trial court must consider the following factors, set forth in MCL 722.31(4), before permitting the change:

(a) Whether the legal residence change has the capacity to improve the quality oflife for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or hertime under, a court order governing parenting time with the child, and whether theparent's plan to change the child's legal residence is inspired by that parent'sdesire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legalresidence change, it is possible to order a modification of the parenting timeschedule and other arrangements governing the child’s schedule in a manner thatcan provide an adequate basis for preserving and fostering the parentalrelationship between the child and each parent; and whether each parent is likelyto comply with the modification.

(d) The extent to which the parent opposing the legal residence change ismotivated by a desire to secure a financial advantage with respect to a supportobligation.

(e) Domestic violence, regardless of whether the violence was directed against orwitnessed by the child.　The court also held there was evidentiary support for the trial court's findings the move would have the capacity to improve the quality of life for the child and plaintiff, and defendant would be able to foster and preserve a relationship with him.

The trial court based its finding on MCL 722.31(4)(a) on plaintiff's planned marriage to her fiancé, who lived in the city to which she sought to change the child's domicile, and on her new employment, after she was unable to find suitable employment in the area where she currently lived.As to MCL 722.31(4)(b) and (c), the court concluded the evidence also supported the trial court's findings both parties had complied with the scheduling order and given their past cooperation related to parenting time, they would comply with the modified parenting time order.

The Michigan Court of Appeals Affirmed or agreed with the local court.

Posted here by Terry Bankert a Flint divorce lawyer. This case has been modified for presentation.9/28/09

http://www.attorneybankert.com/

Sphere: Related Content

Thank You Michael Moore

Michael Moore has international recognition through his video art of causing us to relook and rethink the life swiring around us. Mr. Moore Thank You for bringing your new movie to Flint and giving the unemployed the opportunity to see it today for free. Best wishes and Thank You for what you do. Terry Bankert, 9/27/09

Sphere: Related Content

GLOBAL WARMING WILL KILL US

GOOD MORNING,“I AM” FLINT!
BY Terry Bankert
09/23/09
http://www.flintfamilylaw.com/

OBAMA GET WITH THE PROGRAM, WHEN YOU TALK TO THE U.N. TODAY....LEAD [update...he did!]!

The United Nations has failed in its attempt to move the world to saving itself by seriously creating, funding and executing police to stop global warming.

CARBON EMISSIONS IS CHOKING US WITH THE AIR WE BREATH AND ROASTING US.

What is amazing from the last conference, a one day United Nations conference, is that the bad guy China has positioned them selves as the good guy in the global warming battle. Have no doubt that lives and big money are at stake.

Did you know heat waves and droughts are on the increase and there has been an acceleration in the melting of glaciers and the recession of the Greenland ice sheet. Our world may not be dying but is changing and we are the cause by our carbon emissions. Could the collapse be self inflicted ,a form or a species global warming suicide?

World leaders must find and agree on ambitious and binding global policy at the United Nations Climate Change Conference in Copenhagen in December.

CHINA SAYS IT HAS A PLAN TO KEEP AUTO EMISSIONS FROM KILLING US ALL.
HOW HYPOCTRITCA; IS THE CHINESE POSITION, LOOK AT THE FOLLOWING

1. China just became the world’s biggest emitter of greenhouse gases.
2. China will not countenance any limits on its emissions—at the December Copenhagen summit or for decades to come.
3.China demands that rich countries pay for its efforts to clean up.
4.China will not abide rich countries trying to level the environmental playing field by using “carbon tariffs.”
5. China intends to rely primarily on coal to power its fast-growing economy.
6.China doesn’t have any illusions about “clean coal.”
7.China pumps nearly a quarter of the world's carbon emissions into the air
8.In urban areas, 90 per cent of river water and half of underground water is polluted.
9.Quarter of landmass and roughly 400 million lives affected by desertification, attributed to climate change as well as 'land mismanagement.'
10.Government has pledged to plant enough forest to cover area size of Norway within decade.
11.Aims to generate 15 per cent of energy needs from renewable sources, such as the sun, within decade
12.Investing millions of dollars to harness wind power, with plans to build seven mega bases by 2019.
　
Why is China rapidly becoming a climate-change darling. Because we fear power, they have too many people and too much money. As environmental concerns ravage their emerging middle class and crush their economy do we stand idly by or act?

The December conference is critical because the guiding policy found in the Kyoto Protocol is phasing out.

Insiders applauded China and Japan for talking like leaders when they have in fact done little.

China and the U.S are involved in a cat ands mouse game of You go first no you go first.

Talk is cheap ,what we, the human beings that populate this planet , NEED is for our industrial pollution actions to not kill us.

We need funded policy not talk.

So far the Chinese politicians have out talked the American politicians.

We will have no credibility in the Global Warming debate until we adopt, fund and execute policy.
　
The international debate is caught in the haze of classical arguments of Big vs. Small countries, Rich vs. Poor, Developed vs. underdeveloped nations . We have heard this song before ,lets just call it the haves and the have notes.

The poor countries, which are least responsible for the problem of climate change, often suffered first and most from its impact.

“1.Sub-Saharan Africa, in the deltas of Asia or among the Pacific Islands and elsewhere, climate changes such as rising sea levels,
2.floods,
3.droughts,
4.hurricanes
5.and other changed weather patterns are threatening not only hard-won progress in the battle against poverty, but the existence of entire nations,”
　
The world is watching Obama in the health care debate to see if he is powerful and can cause heath care change in US domestic policy. If he fails there he will get the "back row" in the international debate, just another weak American president.

Some say and I agree it will be “morally inexcusable" if the policy is not created to move the worlds industries not killing us with carbon emissions.

The United States must lead in Global Warming international environmental policy.

Posted here by
Terry Bankert
http://www.attorneybankert.com/
See:
[r]
http://www.reuters.com/article/topNews/idUSTRE58K2WP20090923?pageNumber=2&virtualBrandChannel=0
[c]
http://features.csmonitor.com/globalnews/2009/09/23/reactions-to-un-global-warming-summit/
[a]
http://allafrica.com/stories/200909230042.html
[j]
http://english.aljazeera.net/news/americas/2009/09/200992351740966428.html
[w]
http://blogs.wsj.com/environmentalcapital/2009/09/21/whos-the-climate-change-bad-guy/

Sphere: Related Content

Kettering Robotic competition

GOOD MORNING FLINT!
BY Terry Bankert
9/20/09
www.flintfamilylaw.com

KETTERING ROBOTIC COMPETITION

The object of the game is to have the robot do as many laps as possible around a circular track while scooping up and throwing large balls for additional points.[f]
　
Kettering University in Flint MI , http://www.kettering.edu/ , the best engineering school in the world, hosted on Saturday 9/18/09 a robotics competition for high school students from Michigan, Ohio and Canada.

It was as rowdy a crowd as any you would see at a varsity high school sporting event -- but in place of athletes there were robots, and instead of a court there was a metal cage[f]
　
I took my sister Christina to this. She is in a wheel chair or walker and Kettering moved us into the front row. Christina had a great time. Thank You Kettering.About 42 teams participated Saturday in the 10th running of the Kettering Kickoff First Robotics Competition in Flint.

FIRST -- For Inspiration and Recognition of Science and Technology -- is a national effort to inspire youth to explore career possibilities in engineering, science and technology. FIRST robotics pits teams in a head-to-head competition between large radio-controlled robots built by teams of high school students and sponsoring engineers and teachers. Each year, the Kettering Kickoff helps high school teams "kick off" the start of their competition season by using the game, rules and robots of the previous year`s national competition. [r]

The FIRST program gives out millions of dollars in scholarships each year to high school participants, according to its Web site.[f]
　
At the center of it all were the metal robots, upwards of 5 feet tall, battling it out like gladiators in a plastic and metal cage. Outside the cage stood the "drivers," members of the robotics teams who control the robots with joysticks[f]

Competition founder Bob Nichols says this year's game is called "Lunacy" to mark the 40th anniversary of the first human lunar landing in 1969. [c]

Video to follow
slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157622413157036/show/
Thumbnail pictures 61 photos, 21 videos
http://www.flickr.com/photos/30366181@N05/sets/72157622413157036/

The event ran from 8 a.m. to 5 p.m. at Kettering's recreation center and is free to the public.
Teams competing at the 10th Kettering Kickoff are: Team RUSH, Clarkston, Mich. Killer Bees, Auburn Hills, Mich. Chief Delphi, Pontiac, Mich. Delphi ELITE, Warren, Ohio Truck Town Thunder, Ortonville, Mich. More Martians, Goodrich, Mich. Team R.O.B.O.T.I.C.S., Holland, Mich. ThunderChickens, Sterling Heights, Mich. Dabears, Berkley, Mich. Dragons, Lake Orion, Mich. Megatron Oracles, Flint, Mich. F.I.R.E., Flint, Mich. Xtreme Eagles, Romulus, Mich. Knight Riders, Flint, Mich. Baker Explorers, Flint, Mich. Las Guerrillas, Bloomfield Hills, Mich. Martians, Goodrich, Mich. Frog Force, Novi, Mich. Robostangs, Northville, Mich. Team Phoenix, Saginaw, Mich. Advanced Power, Allen Park, Mich. Lightning Robotics, Canton, Mich. Powers Chargers, Flint, Mich. Foley Freeze, Madison Heights, Mich. Sinclair Sprockets, Whitby, Ontario, Canada Gearheads, Grosse Pointe, Mich. Dragons, Swartz Creek, Mich. G.R.A.Y.T. Leviathons, Fenton, Mich. The Desperate Penguins, Okemos, Mich. Metal Muscle, Flint, Mich. The Fighting Pi, Armada, Mich. Firebots, West Branch, Mich. Gearheads, Redford, Mich. The Oxford RoboCats, Oxford, Mich. HAZMATs, Lake Fenton, Mich. EngiNERDS, Grand Blanc, Mich. Metal & Soul, Capac, Mich. The Syntax Errors, Waterford, Mich. The Charge, Midland, Mich. Crevolution, Sterling Heights, Mich. Finney Highlanders, Detroit, Mich.[r]
　
Kettering made this event free to the public and even us Flintoids.

In our /my arrogance throughout my life GMI and now Kettering has not been given its due. Kettering is one of the top Engineering g schools in the country!

Thank You for being in my hometown Flint Michigan


Kettering University (formerly "General Motors Institute") is a university in Flint, Michigan, offering degrees in engineering, math, science, and business. The campus is located along the Flint River on property that used to be the main manufacturing location for General Motors. It is named after inventor and former head of research for General Motors Charles Kettering. 98% of seniors are employed or accepted to graduate schools before graduation. [kw]

One out of 15 alumni either own their own business or are high-level managers in leading companies (see Notable Alumni). Although the school's undergraduate population is small with approximately total 2,000 students, it annually graduates the most mechanical engineers and is ranked by US News and World Report as one of the best schools without doctoral programs for undergraduate engineering education. [kw]

Again Kettering thank you for being in Flint. Let us know if we can help …you.
　
Posted here
Terry Bankert
www.flintfamilylaw.com
　
The video will also show where Mayor Walling is proposing a State Park, its near Kettering, I could no constrain myself …ignore the satire,…not!
[c]
http://www.chicagotribune.com/news/chi-ap-mi-highschoolrobotic,0,7325380.story
[k]
http://www.kettering.edu/
[kw]
http://en.wikipedia.org/wiki/Kettering_University
[r]
http://www.reuters.com/article/pressRelease/idUS92377+17-Sep-2009+BW20090917
[F]
http://www.mlive.com/news/flint/index.ssf/2008/09/high_school_students_show_of_j.html

Sphere: Related Content

MAKE FLINT A STATE PARK IN CHEVY IN THE HOLE

225 luncheon saw many friends, great conversation, mayor spoke, showed off help, there was a plan starts with s…I think he plans to own it, Chevy in the hole and river desired to be a State Park, speculators start buying up, talked about staffing for the mini stations and by omission to a direct question he does not plan to use the established crime watches. It’s a new day, new plan with new people.

Sphere: Related Content

CHERRY IN DILLON OUT, BILLIONS NEEDED TO BALANCE BUDGET

GOOD MORNING FLINT!
9/15/09
BY Terry Bankert
http://flintfamilylaw.com/

HOW THE LEGISLATURE HANDLES THE BUDGET SHORT FALL WILL AFFECT YOUR QUALITY OF LIFE.

House Speaker Andy Dillon presented a proposal to Senate Majority Leader Mike Bishop on Monday that calls for passing budget bills that include many of the $1.2 billion in cuts the Senate has approved. [n]

　
WHO THE HECK IS Michigan House Speaker Andy Dillon, D-Redford Township, HOW DID THIS WEAK RUDDERLESS SHIP GET CONTROL OF THE MICHIGAN HOUSE OF REPRESENTATIVE. A FREE PRESS COLOUMNIST SUGGEST HE WOULD MAKE A GREAT GUBENATORIAL CANDIDATE. GIVE ME A BREAK.NO WONDER THE PRESS IS GOING DOEN THE TUBES.

Legislative leaders and Gov. Jennifer Granholm are working against a Sept. 30 deadline to pass a fiscal year 2010 budget that has a $2.8 billion shortfall. [n]
　
DILLON BETRAYING THE DEMOCRATS ,ORGANIZED LABOR ,CHILDREN AND SENIOR CITIZENS

JUST WHO ALLOWED THIS GUY IN A LEADERSHIP POSITION?

“Looks like the the rumors are true. The AP is now reporting that Dillon is indeed "talking" about voting for the package of Senate Republican cuts. Not going to bother to put up a fight at all - even though just last Thursday Dillon claimed that those cuts went "too far". [b]

WE DO NOT NEED DILLON TO JUMP INTO THE 2010 RACE.
DILLON WILL JUST TURN THE STATE OVER TO A SMALL FRINGE GROUP OF REPUBLICANS IN CONTROL OF THE SENATE, AT LEAST UNTIL THE NEXT ELECTION.

The Senate earlier this summer passed deep cuts, including $140 million for Promise scholarship grants of up to $4,000 for college students, $110 per pupil for school aid, $335 million in reimbursement to health care providers for Medicaid, more than $100 million in revenue sharing municipalities use for police and fire protection and many human services programs. [n]
Some reports say a potential agreement could include a supplemental spending bill after Oct. 1 that calls for a series of minor tax and fee increases to support programs that Democrats favor, such as the Promise grants, early childhood education, revenue sharing and Medicaid. [n]
　
DILLON DOES NOT UNDERSTAND THE BASIC ELEMENTS OF NEGOTIATION

That's the bargain here? That's the bipartisan compromise? Do everything the Republicans want, and they "might" put back important programs? “[b]
“Many of the cuts would fall on the poor and disabled, but plenty of citizens also could find they're getting less police and fire protection or job training and less money for schools.”[b citing AP]
　
HOPE IS ON THE HORIZION.

With Lt. Gov. John Cherry running unopposed so far, the party's BEST elements have been making the SMARTEST arguments, and there's indication that they'll BECOME THE DOMINANT FORCE as the campaign heats up.

To wit: Last week, Mark Gaffney, president of the Michigan AFL-CIO, said if Dillon follows through with his plan to pool all public employee health plans, he's "not a Democrat. “FINALLY SOMEBODY WITH A BACKBONE SPEAKS UP.

COLLECTIVE BARGAINING PROTECTS THE WORKING PEOPLE OF THIS STATE
"It is not adhering to the principles of the Democratic Party to be trying to cut benefits and eliminate collective bargaining rights," Gaffney OFFERED.

Then this week, Democratic Party Chair Mark Brewer TOLD US THE TRUTH after seeing Republican Attorney General Mike Cox's BATTY 92-point plan. WHO IS THIS GUY.

"Cox should be focusing on a two-step plan," Brewer said. "First, he needs to explain how, as governor, he would be different from South Carolina Gov. Mark Sanford. Second, Cox needs to practice what he preaches and fully disclose his role in the Manoogian Mansion party cover-up."

COX HAS TO COME CLEAN.

AS A GUBENATORIAL CANDIDATE JOHN CHERRY WILL BRING Michigan politics AND DEMOCRATS Democrats a robust argument about what direction the party will take in 2010.
CHERRY WILL ALLOW THE MICHIGAN DEMOCRATIC PARTY to coalesce around a strong set of ideas, TO BE PROACTIVELY FOR WORKING PEOPLE.

CHERRY WILL BRING This state WHAT IT desperately needs A rock-solid choice for governor next November.

Dillon can do everyone a favor by jumping OFF THE CLIFF OF POLITICAL BETRAYL AND ALLOW new ideas into the Democratic gubernatorial THROUGH THE JOHN CHERRY CANDIDACY.

Asked about signing off on a deal that closely mirrors the Senate budget cuts, Liz Boyd, spokeswoman for Granholm said: "The governor ... will not tolerate dangerous cuts that harm the citizens or harms our ability to grow the economy and create jobs. [n]

Your thoughts?

Posted here by
Terry Bankert
9/15/09
　
See
Detroit Free Press
[d]
http://www.freep.com/article/20090913/COL33/909130467/1070/Opinion02/State-Democrats-really-do-need-Dillon-to-run-for-governor
[b]
Blogging for Michigan
http://www.bloggingfomichigan.com/
[N]
The Detroit News
http://www.detnews.com/article/20090915/POLITICS02/909150339/State-House-pitches-budget-cuts
　
　
　

Sphere: Related Content

I. Can a lay person owner of a marketing program utilizing the URL dumpmyspouse.com on highway bill boards and bus benches which state along the top "When Matrimony Turns to Acrimony" above the URL and below the URL DIVORCE/SUPPORT/VISITATION and the attorneys direct telephone number.
1. Sell the promotion to attorneys at a reasonable price where the layperson has no contact with the potential client. I think the answer will be yes generally
A.The URL /phone goes to the attorney website/phone that purchased the service. I believe this is allowable.
B.The URL goes to a website/phone that has a listing of attorneys with linking buttons/or message for the client to pick. I believe this may be allowable.
2.Sell the promotion by charging a per case fee for all calls /web page clicks that are routed to the attorney. [This may not be allowed.]
A.The client would go to a web site /phone message where information would be left and forwarded by another person or [This may not be allowed]
B.the client would call a number where information left and forwarded to an attorney.[This may not be allowed]
II. Can an attorney market on billbioards a url dumpmyspouse.com that links to his website. The answer will be yes.
1. Can the attorney refer to other attorneys client that come to the attorney through this url. I believe the answer will be yes.
2.Can the attorney take the signs into a geographical area logically getting client inquires from county’s that the attorney does not plan to practice in and in fact has the intent of this marketing for the purpose of referring to other attorney and taking a referral fee. I believe the answer will be no.
First a look at RI-17, January 24,1989.
SYLLABUS
A profit-making entity which markets lawyers' services to a defined interest group, for a fee to be paid by the lawyers participating, constitutes a legal referral service, participation in which violates MRPC 7.2(c).
References: MRPC 1.6, 7.2, 7.4, 8.4(c); MCR 8.121.
TEXT
"A business entity, organized for profit, herein referenced as "the Network", publishes a directory containing the names of lawyers who subscribe to the Network, and who purport to have expertise or at least interest in collection work."[RI-17]
The case in RI-17 it said "It appears that the directory is sold among business enterprises having need of professional collection work, in conjunction with which the Network furnishes professional service vouchers." Here the message without an attorney name is on a stationary advertisement,[billboard and bench]
In RI-!& the lawywers were called subscribing lawyers. "The vouchers are used to offset a portion of the participating lawyer's fees. A Network lawyer who has received these vouchers in payment for services rendered is entitled to receive, from the Network, cash equivalents for the vouchers, at an agreed, defined exchange rate."RI-17
In RI-17 "Each subscribing lawyer pays an annual fee to join the Network. "
MRPC 7.2(c) provides:
"A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of advertising or written communication permitted by this rule and may pay the usual charges of a not-for-profit lawyer referral service or other legal service organization."
"The subscription fee paid by a lawyer to participate in the Network is not strictly for an unadorned listing in a directory of a type which might be construed to be merely an advertising medium." In DMS the fee would be for an unadorned listing if the url wnt to a web page that just listed names.

In Rather, the subscription payment involves the lawyer in a complete marketing arrangement, one which fixes the parameters of the professional service contract within narrow limits. As the term is generally used, the overall plan constitutes a "lawyer referral service" squarely within the prohibitions of MRPC 7.2(c), since the plan financially aggrandizes the Network, a profit-making enterprise.
The underlying rationale of MRPC 7.2(c) reflects the historical antipathy toward solicitation of clients. The rule has been ameliorated to reflect a modernized attitude toward media advertising, which in general enjoys First Amendment protection. See, Bates v. State Bar of Arizona, 433 US 350 (1977); In re Primus, 436 US 412 (1978); Ohralik v. Ohio State Bar Ass'n, 436 US 447 (1978), reh den., 99 S Ct 266; Woll v. Attorney General (on remand), 116 Mich App 791 (1982).
Bates established that media advertising, so long as it is truthful and not misleading, is "free speech" for First Amendment purposes. Primus held that what might constitute solicitation or barratry otherwise nonetheless enjoys First Amendment protection where the lawyer provides representation without charge, through an established nonprofit group, to persons who otherwise might be unaware that legal redress for some wrong may be available to them, and whose claims fall within a general civil or constitutional rights rubric. Ohralik and Woll reaffirm the principle that direct solicitation of fee paying clients is beyond the pale of First Amendment protection. But see Shapero v. Kentucky Bar Ass'n, 486 US 466 (1988).
MRPC 7.2(c) appears to go further than what is mandated by Primus, removing restrictions with respect to subject matter and organizational history that might be discerned from the language of the opinion, as well as any restriction on whether the lawyer directly profits from an association with the organization. The sole restriction is that the lawyer referral service or other legal service organization involved in marketing lawyer services not be organized for profit.
The Network does not fit within either exception recognized in MRPC 7.2(c). It is operated for profit, and it is not a mere advertising medium only. While the Network itself may be violating no law or regulation in its operations, a lawyer who subscribes would be in contravention of MRPC 7.2(c), and subject to discipline.
Additionally, the Network subscription agreement makes no provision for a lawyer and client to negotiate for a fee to be paid on other than a contingency basis, except for the possible addition of a "litigation fee" not to exceed 7.5% of a claim. MCR 8.121(E) provides:
"An attorney must advise a client, before entering into a contingent fee arrangement, that attorneys may be employed under other fee arrangements in which the attorney is compensated for the reasonable value of the services performed, such as an hourly or per diem basis."
In the absence of any indication that the Network so advises creditors before they utilize Network services, a subscribing lawyer who accepted a creditor-client on a contingency fee basis in accordance with the contractual obligation of the lawyer to the Network would be in violation of MRPC 8.4(c), which proscribes engaging in conduct that is prejudicial to the administration of justice. Adhering to MCR 8.121(E) would place the lawyer in breach of contract; conforming to the contractual obligation would be grounds for discipline.
This Committee does not express views on legal questions. However, MCR 8.121 constitutes, by its express terms, an interpretive and mandatory guide to construction of the Rules of Professional Conduct. Indeed, the MRPC are rules of court, which must be read in conjunction with other court rules.
MCR 8.121 also contains restrictions on the maximum fees that may be charged in certain circumstances; by its terms, however, this portion of the rule applies only to personal injury and wrongful death cases. MCR 8.121(A), subrule (E), is not so limited. The title of the rule, provided by the publisher, is irrelevant to its construction. See MCR 1.106. In contrast to MCR 8.121(A), MCR 8.121(E) applies on its terms to all contingent contracts, not just those arising in personal injury and wrongful death cases.
A lawyer participating in the Network would have to be cognizant of the manner in which the organization advertises the lawyer's services. Representations of expertise, as contrasted with empirically verifiable parameters of experience or interest, could run afoul of MRPC 7.1. If the operation of the Network involves an exchange of information among participating lawyers, precautions must be taken to avoid breaching confidentiality. MRPC 1.6; Colton v US, 306 F2d 633 (CA 2 1962); Sawabini v Desenberg, 143 Mich App 373 (1985).
Therefore, a profit-making entity which markets lawyers' services to a defined interest group, for a fee to be paid by the lawyers participating, constitutes a legal referral service, participation in which violates MRPC 7.2(c). Further, a marketing arrangement, whereby participating lawyers are contractually obligated to accept cases on a contingency fee basis, in whole or in principal part, violates the proscription in MCR 8.121(E) against entering into a contingency fee arrangement without first advising the client that lawyers' services may be procured under other fee arrangements, in which the lawyer is compensated for the reasonable value of the services performed, such as on an hourly or per diem basis.

Sphere: Related Content

SMARTER GOVERNMENT BUT MORE OF IT NEEDED

GOOD MORNING FLINT!
9/2/09
BY Terry Bankert
http://www.familylawguy.com


“The art of making the most out of life; the love of economy is the root of all virtue. (G.B. Shaw, Man and Superman, 1905)

We should all be happy that “ Droves of U.S. consumers, propelled by cash-for-clunkers vouchers up to $4,500, helped drive August auto sales to their best performance in 15 months -- welcome news after a long period of dismal sales, historic bankruptcies and uncertainty about the future.” [f]

Marco economic principals worked. Give money directly to people and they will spend it rationally.

That spent money will demonstrate a multiplier effects as it bounces around our economy benefiting business far beyond your local auto dealer , discredited bankert, deregulated financial manipulators or failed U.S. Corporation.

Possibly we should encourage the creation of a future skilled workforce by promoting public education,stimulate health by vouchers for food for children, insure our economy from the public cost of catastrophic illness of the uninsured in our public hospitals by offering universal health care, maybe… Oh, we are doing most of these things. We must just do them better.

We also subsidize farmers so their land is available for future needed farm capacity, public roads so business can get their product to market, a military to protect our shipping and protect our boarders and industrial production capacity.

I guess the point is government, public policy and the spending of tax dollars impact many aspects of the daily existence of our small, medium and large business. Smaller government is not the answer, just a smarter government. It is okay for government to help business directly and people.

WHY DON’T WE INVITE FORD TO FLINT

TIDBITS FROM [f]

*Ford Motor Co. delivered the best result among the nation's largest automakers, with a sales gain of 17.2%. "

* General Motors and Chrysler LLC, both of which had a quick bath in bankruptcy earlier this year, reported sales declines severe enough to cost them critical U.S. market share.

*1.26 million consumers …bought a new vehicle in August, nearly 58% chose a passenger car over a less-efficient pickup, van or SUV -- a shift that shows the impact of the clunkers program.

IT WAS UNAMERICAN TO BUY A FOREIGN CAR WITH CLUNKER MONEY?

*The biggest winners in August were smaller Asian automakers, Subaru and Hyundai, which posted sales increases of 51.5% and 47%, respectively. Among large automakers, Ford's performance was followed by Honda, up 9.9%, and Toyota, up 6.4%.


*More than 690,000 customers took part in the clunkers program, which gave consumers $3,500 to $4,500 to trade in certain vehicles for more fuel-efficient models. The program ran from July 24 through Aug. 24, with most sales occurring in August.

*“the preponderance of evidence shows the leading economic indicators are improving and the economy is out of the recession and now recovering, as is the global economy."

So lets not be afraid to recognize and encourages governmental ;programs. Lets not blindly follow the discredited conservative doctrines. We need governmental programs, just smarter ones.

“ The conflict in America is between two types of planning… privately planned economic scarcity by companies for profits or publicly planned economic abundance for people. ( Walter Reuther, The Nation, December 3, 1952)

PostedBy Terry Bankert
http://www.flintfamilylaw.com/

[f]http://www.freep.com/article/20090902/BUSINESS01/909020350/1319/Clunkers-plan-helps-auto-sales-hit-15-month-high

Sphere: Related Content

OBAMA DOING TOO MUCH TO HELP BUSINESS!

GOOD MORNING FLINT!
9/1/09
by Terry Bankert
a known non-conservative (NC)

GO TEAM OBAMA
NABE: Majority Of Economists Say Monetary Policy Is "About Right" [rn]

U.S ECONOMY DOES NOT REQUIRE 2ND STIMULUS [r]
WASHINGTON (Reuters) - The U.S. economy does not need a second fiscal stimulus package, instead the government should cut spending over the next two years, according to a survey of business economists released on Monday.[r]

MOST ECONOMIST THINK OBAMA IS DOING AN EXCELLENT JOB, IF ANYTHING HE IS HELPING TOO MUCH! THIS EFFORT SHOULD SHIFT TO HEALTH CARE
The National Association for Business Economics revealed Monday that economists strongly agree with current monetary policy and have a favorable view of the current stance of fiscal policy.[rn]

CONSERVATIVE ECONOMIST CONCERNED WITH SIZE OF U.S. BUDGET
Most economists in the National Association for Business Economics (NABE) semi-annual poll were concerned about the outlook for the U.S. government budget.[R]

NON-CONSERVATIVE HC REFORMS OFF TRACK

Also, they doubted health-care reforms proposed by the Obama administration would lower costs while increasing access and maintaining quality.[r]

CONSERVATIVES ARE VEXED...AGAIN

"This is one of the fastest-moving and most controversial economic policy environments we have experienced in a generation," said NABE president Chris Varvares. "The more vexing policy challenges about which there is less agreement are federal health-care ... budget policies."[r]

NON CONSERVATIVES STEPPED IN TO SAVE THE U.S. ECONOMY THE REAL CONSERVATIVES MESSED UP

The government early this year stepped in with a $787 billion package of spending and tax cuts to break the worst recession since the Great Depression of the 1930s. Separately, it bailed out banks to prevent the financial system from collapsing.[r]

SO... NON CONSERVATIVE TAX DOLLARS GIVEN TO CONSERVATIVE BUSINESS SAVING THEIR TOOSH..NOW THE STAGE IS BEING SET TO ATTACK THE NON CONSERVATIVES [NC] FOR DOING JUST THAN.

Those actions left the economy saddled with a $1.58 trillion budget deficit in fiscal 2009, and a shortfall of about $9 trillion between 2010 and 2019.[r]

THE BALLOONING RED INK OF THE FEDERAL DEFICIT WAS TRANSFERRED DIRECTLY FROM THE UNBALANCED SHEETS OF BUSINESS TO THE BACKS OF THE TAX PAYERS AND THE CONSERVATIVE NOW PROTEST!

The ballooning budget deficit is causing alarm and feeding into opposition to President Barack Obama's central policy priority of overhauling the U.S. health-care system, whose price tag is $1 trillion.[r]

THE C’S ACKNOWLEDGE THAT THE NC’S RESCUED THEM FROM THEIR OWN INCOMPETENCE..BUT LIKE THEIR OWN STEREOTYPE OF WELFARE RECIPIENTS THEY WANT MORE FOR NOTHING.

While economists in the NABE survey acknowledged that the stimulus package had helped to brake the pace of the economy's decline in the second quarter, only 35 percent viewed fiscal policy as being "about right".[r]

THE C’S SAY THANK YOU BUT YOU GAVE US TOO MUCH?...WELL GIVE IT BACK

Half of the respondents saw fiscal policy as too stimulative. About 266 members took part in the poll which was conducted between August 3-18. The U.S. economy contracted at a 1.0 percent annual rate in the second quarter after collapsing 6.4 percent in the first three months of the year.[r]

OKAY...NO STIMULUS PACKAGE FOR THE C’...HOW ABOUT HEALTH CARE FOR ALL OF US.

"Fully 76 percent do not believe a second stimulus package is needed. Three-quarters responded that they would like to see fiscal policy become more restrictive over the next two years, but only 28 percent expect that it will be," the NABE said.[r]

"Economists believe the long-term core inflation target of the Fed is two percent, but think that the average of core inflation in the 2014-18 time period will be three percent," the NABE said.[rn]"This may reflect their view that an excessively simulative fiscal policy and a complicated exit from its quantitative easing policies over the medium term will result in the Fed tolerating a higher level of inflation than it desires," the group added. "However, only a small percentage feels its policies would be inflationary due to a loss of Fed independence."[rn]

(C’S) JUST CAN’T STAND BEING STIMULATED...BY A (NC)

"In fact, the largest share, nearly 42 percent, expects fiscal policy to become even more stimulative than it is now."[r]

Just over half believed that fiscal stimulus would add between 0.5 and 1.5 percentage points to gross domestic product growth in the second half of 2009, while over a third saw it as adding less than half a percentage point.[r]

About 58 percent felt the stimulus would add between half and 1.5 percentage points to growth from the fourth quarter of 2009 to the fourth quarter of 2010, the survey showed.[r]
Nearly 70 percent of economists believed that monetary policy was "about right". About 56 percent of respondents expected the Federal Reserve to keep interest rates unchanged over the next six months, while 44 percent saw an increase.[r]

SOME ECONOMIST ARGUE OBAMA HAS DONE TOO MUSH TO HELP BUSINESS

The Obama Administration's $787 billion stimulus package and the bailout of large banks has raised concern among lawmakers and economists in light of a $1.58 trillion budget deficit in 2009 and a $9 trillion deficit projected for 2010-2019.[rn]
The Fed has cut interest rates almost to zero and pumped around $1 trillion into financial markets via a range of credit easing measures to prevent lending from freezing up, amid a global credit crisis sparked by the collapse of the U.S. housing market.[r]

JUST WHERE IS MY COLLEGE TEXT ON MACRO ECONOMIC...0... INTEREST ON MONEY WILL NOT BE INFLATIONARY..SAY THE PEOPLE WHO BROUGHT US THE ECONOMIC COLLAPSE

"Half of the economists do not believe quantitative easing actions of the Fed will be inflationary over the next couple of years, while 41 percent think they will," the NABE said.[r]

Terry Bankert
http://www.flintfamilylaw.com

[r]
http://www.reuters.com/article/smallBusinessNews/idUSTRE57U0LT20090831

[rn]
http://www.rttnews.com/ArticleView.aspx?Id=1054078

Sphere: Related Content