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GENESEE COUNTYCIRCUIT ANDPROBATE COURTSE-NEWSLETTERa quarterly publicationJ A N U A R YINSIDE THISISSUE:The ChiefSpeaks2AdministratorCorner2Holiday Spirit2EmployeeSpotlight3Court Briefs3Survey Day4“Ask the Judge”5New JudgeLocations5Adoption Day6V O L U M ENewsletterCommitteePublisherFredricka SavageLayout and DesignChristine VlietTechnical AdvisorsDavid CombsRob GiffordFeature ArticleBarbara MenearContributing WritersJanet PatsySam OlsonMichelle Orvis5 ,I S S U E2 0 1 92A Night of HonorJudge Fullerton was the firstfemale attorney to be elected a68th District Court Judge,where she served from 19801982 and was then elected tothe Circuit Court in 1982,where she became the secondfemale to hold the position.Kendall Williamswas the master ofceremonies, withspeakers thatincluded: JessicaHammon, President, GeneseeCounty Bar Association, JudgeDuncan M. Beagle, ProsecutorDavid Leyton, Kyle Riem,Jennifer Martin, NancyChinonis, Tom Pabst,Gregory Meihn, Judge David J. Newblatt and ChiefJudge Richard B. Yuille.On December13, 2018, theGenesee County Bar Association hosted“A Night ofHonor” forJudge Judith A. Fullertonand Judge Geoffrey L. Neithercut at the Genesys Conference & Banquet Center.Both judges will retire atthe end of the year.Committee MembersCindy GrossbauerRhonda IhmChristine LintzTony McDowellBarbara MenearJanet PatsyFredricka SavageChristine VlietPhoto credit: Tom KazaJudge Neithercut served as a68th District Court Judge from1986-1994 and was then electedto the Circuit Court in 1994.Chief JudgeRichard B. YuilleThere were nearly 300 guests,all attending to honor the judicial service of the two judges,with a combined judicial careerspanning nearly 70 years.The honors bestowed on bothjudges came from their judicialcolleagues, members of legalcommunity and many otherindividuals who have workedwith both of them over theyears on community boards orevents.(Continued on page 7)
PAGE2The Chief SpeaksThe Chief Judge article takes a holiday.See you in the next edition.Happy Holidays. –cjrbyAdministrator CornerOn October 5, 2018, JudgeJennie E. Barkey was honoredas Jurist of the Year at theMichigan Foster Care ReviewBoard (FCRB) training conference held in Bay City. TheJurist of the Year is one of theannual Child Welfare Awardsawarded by the FCRB to recognize individuals who havedemonstrated outstanding service to Michigan’s foster children.docket is composed of recenttermination cases with children in the foster care system.Judge Barkey oversees thedocket and cases to help children achieve permanencyquickly, preventing unnecessary delay in the process toward adoption. In 2017, therewere 44 cases on the PTRdocket, with a total of 64 kidsPictured: Ed Zobeck, SCAO, Chief Administrativeadopted. So far in 2018, thereOfficer, Judge Barkeyhave been 47 cases on thedocket, with a total of 65 kids ran, an attorney and professorfrom the University of MichiJudge Barkey presides over aadopted.gan Law School. Attorneyweekly post-termination review (PTR) docket on Monday Judge Barkey was nominated Sankaran is an advocate formornings. This specializedfor the award by Vivek Sanka- the rights of children and par-ents in child welfare proceedings and is the director of theChild Advocacy Law Clinic.In addition to Jurist of theYear, the Child WelfareAwards categories include:Foster Care Worker of theYear; Lawyer-Guardian AdLitem of the Year; Foster Parent of the Year; and ParentAttorney of the Year. Moreinformation about the FCRBcan be found at:www.courts.mi.gov/fcrb. –soHoliday Spirit Returns to the Genesee County CourthouseA group of staff, spearheadedby Doreen Fulcher, ElectionSupervisor, recently decoratedthe courthouse with all thetrimmings reminiscent of afestive yuletide atmosphere.There are wreaths or garlandnear the elevators, a decoratedtree on every floor and the 2ndfloor antique display cases nowfeature a vintage holiday village.The most impressive decoration is the 12 foot Christmastree showcased on the landingbetween the 1st and 2nd floors.The “elves” that participatedin decorating are: Cindy Grossbauer, Deanna Hawkins, DaveLinder, Peggy West and TriciaWright.An internal fundraising effortwas also undertaken purchasethe decorations. The decorationshave received a multitude ofcompliments from the publicand the staff. –jep
Employee SpotlightNew Staff secretary to the Board ofCommissioners to comeDanielleto the court.Mooney,is the new Joan Townsend is a newjudicialfamily court clerk in jusecretary venile records. She beganfor Judge working for the courts inTheile.October. She formerlyShe is aworked in administrativeformercapacities at a local autoLeft to Right:certifiedveterinarytechmobile dealership, a charDanielle Mooney, Hollynicianandalsowasater school and for theOstrom, Melissa BishopNot pictured: Joanmanager at a local resCity of Suffolk, Virginia.Townsendtaurant/pub.Holly Ostrom, joined thecounty as the law libraryparalegal in November.She attended ITT Technical Institute and received an associate’s degree in criminal justiceand paralegal studies.Additionally, she workedfor a local attorney.Melissa Bishop will be thejudicial secretary forJudge Kelly effectiveJanuary 2nd. She hasbeen with the county foreighteen years includingthirteen years at the 67thDistrict Court and oneyear in the Criminal Division of the Prosecutor.She is leaving the position of administrativeKaren O’HaraKaren O’Hara (new volunteer) began as a volunteer at the circuit courtinformation desk in October 2018. Presently, Ms.O’Hara is pursuing a degree in paralegal studies.She joined the volunteerstaff in an effort to learnmore about the field oflaw. Karen is married JAVS upgrade for 67th DistrictCourt - This past Novemberand December, the 8 courtrooms in the 67th District Courtwere upgraded to a new digitalrecording system or a new version of a digital recording system. These sophisticated systems use microphones and cameras to capture visual imagesand audio recordings.Three of the new systems replaced an old audio-only recording system. This a significant upgrade, by adding videoPAGE3and has two children.Ms. O’Hara enjoys international traveling.After retiring from theformer 68th DistrictCourt, Mary Foust, began working in 2009 asDeparturesan account clerk for thelocal specialty courts.Kyle Bruckner, judicialIn 2011, she becameadvisory assistant tojudicial secretary toJudge Gadola, has taken Judge Neithercut. Ina position with the Michi- 2019, she will assistgan Department of Atwith new staff trainingtorney General. His last and will fill in whenday was December 14,needed as a bailiff or2018.judicial secretary.Craig Datz, former lawclerk to Judge Fullerton,leaves the court as ofJanuary 2, 2019 to beginpracticing law with Attorney E. Frederick Meiers.Steve Ellis, former judicial advisory assistant toJudge Neithercut, willremain in that capacityand work with JudgeElizabeth Kelly in 2019.Laurie Fraidenberg, former secretary to JudgeTheile, retired in earlyDecember. She worked26 years with the county,starting as a programclerk at the Friend of theCourt and concludingwith 3 years as a judicialsecretary.to the recording, courtroomsecurity is greatly enhanced.Many thanks to the judgesand staff who shuffled schedules to make the installationspossible before year end.Marcia McCree, formersecretary to JudgeFullerton, will transferto the 67th DistrictCourt functioning ascertified electronic recorder for the 67-5 election division,Tom Temple, formerjury supervisor, left thecounty to pursue a paralegal career with a private law firm on November 30, 2018.Diana Van der Vossen’slast day of employmentwill be December 28,2018. She worked inthe jury office and wewish her the best in hernew capacity at MottCommunity College,Office of the Registrar.by one vendor. This is highlydesirable, resulting in systemwide compatibility and uniformtechnical support.The Michigan Supreme Courtadopted standards related toCourt staff have receivedrecording system archiving,training on how to navigatelong term backup and longthe software.term storage. These requirements are strictly monitored byThe vendor is Justice Audio the tech team to ensure preserVisual Systems (JAVS). As avation. Each individual sessionresult, all 23 courtrooms andof court is reviewed to makereferee hearing rooms in Genesee County will be supported certain that a reliable recordingis safeguarded.
PAGE4Public Satisfaction SurveyEvery two years all Michigan Courts must distributea public satisfaction survey to court users.The purpose of the survey is to measure how courtusers rate access to the court system and their experience interms of fairness, equality and respect.The following individuals assisted with survey week:Circuit CourtDistrict CourtCherylBenwayAll staff particpatedDanaBaumgartin survey however theDariousBaylockfollowing deserveSuetteBrownindividual elleOrvisLynetteWarrenKathyRichardsonFredericka SavageProbate lDianaVan der Vossen
PAGE 5Sales Tax for Internet Sales67th District CourtJudge Mark C.McCabe writes “Askthe Judge” for the TriCounty Times.Sales Tax for InternetSakes appeared in theApril 17th 2018 edition.Most of us at one time or another have purchased productsusing the internet.Over time, internet sales ofproducts have steadily increased. For example, consumers spent 453.46 billion in2017, a 16 percent increasefrom 2016.As it turns out a legal and taxcollection issue has developedwith these sales for the 45states (including Michigan)that levy sales taxes on retailpurchases.This is because of the 1992United States Supreme Courtcase of Quill Corporation vNorth Dakota, which heldthat under the United StatesConstitution’s CommerceClause, states cannot imposea sales tax on out of stateretailers that do not have aphysical presence in thestate.In 2015, Michigan’s GeneralSales Tax Act was amended torequire certain larger internetsellers to collect sales taxes. Iwon’t go into the law in its entirety, but importantly one section uses the term “affiliate nexus.”only South Dakota’s law, butthe internet sales tax laws of theother states as well.At least 21 other states nowhave internet sales tax laws.Much has changed sinceIn 2016, South Dakota passed1992, but as a result of thean internet sales tax law, whichQuill ruling, states have been referenced a seller’s “economicunable to collect all of thepresence” in the state. It thensales taxes that would ordi- sued four internet-based retailersnarily be due to them on in- to force them to collect salesternet sales.taxes. Ultimately, the SouthDakota courts ruled that untilIn a 2015 Supreme Courtthe Quill decision is changed, thecase, Justice Anthony Ken- South Dakota law can’t be ennedy wrote a concurringforced.opinion which indicated thatit might be time to reThis decision (South Dakota vexamine the physical presWayfair Inc.) was appealed toence rule as online retailersthe United States Supremedoing extensive businessCourt where yesterday the courtwithin a state have a suffiheard oral arguments as tociently “substantial nexus”whether the physical presenceto possibly require sales tax rule should be changed.collections.This case is being watched closely because it could affect not* Since the date of the originalpublication of this article, theUnited States Supreme Courtdecided South Dakota v Wayfair(No.17-494) on June 21, 2018and reversed the South DakotaSupreme Court based on a finding that the commerce clause ofthe United State Constitutiondoes not require a physical presence in the state before a statesales tax can be imposed. Thephysical presence rule of QuillCorp. v. North Dakota, 504 U.S.298 and National Bellas Hess,Inc. v. Department of Revenue ofIll., 386 U.S. 753 were overruled.Times change. We will all waitto see what the Supreme Courtdecides as to whether a changeshould be made here. –mcmNew Judges and LocationsPlease take note of the following courtroom and docket assignments,effective January 2, 2019.Judge Elizabeth A. KellyJudge F. Kay BehmCriminal & Civil Division3rd floor, Room 307810.257.3521Judge Elizabeth A. KellyCriminal & Domestic Dockets3rd floor, Room 306810.257.3257Judge David J. NewblattCriminal & Civil Division(change in location only)3rd floor, Room 300810.257.3080Judge Brian S. PickellCivil & Juvenile Dockets3rd floor, Room 504810.257.3238Judge Brian S. Pickell
PAGE6Adoption DayIt’s the only timeof year the publicis allowed to attend the hearings.Former adoptiveparent, ReginaBush was theevent speaker, asshe shared herfamily’s experience with adoption.work tirelesslyon behalf of children in fostercare,” explainsPresiding Probate CourtJudge, the Honorable Jennie E.Barkey.Probate Court Judge Jennie E.Barkey and the adoptions staffcelebrated Michigan AdoptionDay on November 20, 2018 byconfirming adoptions in publichearings for three families,which included a total of fourchildren being adopted.Judge F. Kay Behm attendedthe event and shared a warmmoment with one of the participants.There was a magician thatentertained the crowd with amagic show. The staff , Darious Baylock, Mary Anne Falk,Debbie Gray, Sheonna Hilland Fredricka Savage shouldAfter the hearings a reception was heldin the juryquarters for allof the familymembers,Adoption Day court staff and2018 was aagency workjoyous occaers whosion for all ofworked tothe families – and several local gether to makemedia outlets (ABC12,this day such aWNEM5, and MLive/Flintsuccess.Journal) covered the event aswell. “This day marks the beginning of an exciting journeyfor those deserving childrenand families.She made national news 20years ago for alandmarktransracialadoption case.This celebration offers us anopportunity to take a momentto acknowledge what is important.It is also a reminder to us ofthe importance of those whobe commended for their hardwork in highlighting both theneed and the joyin adopting achild. –sh
PAGEA night of Honor (cont’d)The evening was topped off by apresentation from the MichiganSupreme Court honoring bothjudges and presented by JusticeElizabeth T. Clement. Also inattendance was MeganCavanagh, Justice Elect to theMichigan Supreme Court. –bamPhoto credit: A Night of Honor: Attorney RefereeShelley SpivackJudge YuilleRead All About ItHearsay is now available on the Circuit Court website www.7thCircuitCourt.com/hearsay-newsletterWe want to hear from you! Send us an email letting us know what you would like to see in the newsletter and feedback on the current edition. You can also submit ideas and information about activity in your department. hearsay@7thcircuitcourt.com7
certified veterinary tech-nician and also was a manager at a local res-taurant/pub. Craig Datz Holly Ostrom, joined the county as the law library paralegal in November. She attended ITT Tech-nical Institute and re-ceived an associate’s de-gree in criminal justice and paralega
