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Tag Archive | "michigan supreme court"

Governor files motion on court ruling


By Bruce Walker—The Center Square

(The Center Square) – Gov. Gretchen Whitmer filed a motion Monday requesting the Michigan Supreme Court clarify when its ruling nullifying her COVID-19 executive orders issued after April 30 takes effect.

In her motion seeking clarification for the Supreme Court’s decision, issued last Friday, Whitmer claims the ruling does not take effect for at least 28 days.

On Friday, she had stated her executive orders retained the force of law for 21 days.

The Supreme Court struck down the statute under which the governor has issued executive orders for over 200 days.

Whitmer claims an immediate ruling effect would cause up to 830,000 Michigan workers to lose unemployment benefits and cause confusion for the other orders she’s issued.

“The Supreme Court has spoken, and while I vehemently disagree with their ruling, I’m ready to work across the aisle with Republicans in the legislature where we can find common ground to slow the spread of the virus and rebuild our economy,” Whitmer said in a statement.

“It’s time for Republicans in the Legislature to get to work and start showing that they are taking this crisis seriously. They can start by canceling their October recess and getting back to work. Let’s work together and get this done.”

Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon said the ruling raises legal questions and needs time to transition.

“Make no mistake, Governor Whitmer will continue using every tool at her disposal to keep Michigan families, frontline workers, and small businesses safe from this deadly virus,” Gordon said in a statement.

“The same is true for our department. We will use every statutory tool available to protect our state employees and the residents we serve. We also need Michiganders to do their part by wearing a mask, maintaining six feet of physical distancing, washing hands frequently, and getting their flu vaccine. We will get through this together.”

The Michigan Supreme Court Friday unanimously agreed Whitmer lacked authority to extend her state of emergency past April 30 without approval from the GOP-controlled legislature.

Whitmer contends her powers are still active, but in the meantime, local health departments are issuing orders.

In a July 29 executive order, Gordon cited a 1978 law, saying “Every person in this state must comply with the rules, procedures, and restrictions outlined in EO 2020-153, EO 2020-160, and EO 2020-161” – all orders issued after April 30.

Michigan Attorney General Dana Nessel’s Press Secretary Ryan Jarvi, citing the Friday ruling, said they “will no longer enforce the Governor’s Executive Orders through criminal prosecution.”

“However, her decision is not binding on other law enforcement agencies or state departments with independent enforcement authority,” Jarvi said in a statement.

“It’s her fervent hope that people continue to abide by the measures that Governor Whitmer put in place – like wearing face masks, adhering to social distancing requirements and staying home when sick – since they’ve proven effective at saving lives.”

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Statement regarding Michigan Supreme Court decision


from Dr. Adam London, Director, Kent County Health Department

On October 2, 2020, the Michigan Supreme Court ruled the Governor did not have the authority to issue executive orders under emergency declarations past April 30, 2020.

The Kent County Health Department (KCHD) is hopeful the Legislature and the Governor will work together to protect public health in a collaborative and expedited manner. The KCHD is communicating closely with officials at the Michigan Department of Health and Human Services and other local health departments to identify pathways forward which respect rule of law and are protective of the health and safety of our communities.

Actions such as orders for isolation and quarantine are not affected by the Supreme Court’s ruling. These actions are authorized under the Michigan Public Health Code, a law that was enacted by the Michigan Legislature in 1978. The KCHD will continue to use public health orders and enforcement actions as appropriate under law as this agency has done for many decades.

The KCHD stresses the importance of adhering to the guidelines set forth by the Centers for Disease Control and Prevention to mitigate the spread of COVID-19. Those strategies include wearing facial coverings in indoor public places, maintaining social distance, frequent handwashing, and staying home if you are sick. The KCHD is confident Kent County residents will continue to take the steps necessary to place their families, friends, and coworkers at the least possible risk for contracting COVID-19.

More COVDI-19 resources and information can be found by visiting https://www.accesskent.com/Health/coronavirus.htm.

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Chargers Join Charter Day at The Capitol


CTA-Charter-Day-At-The-Capitol-B

CTA Chargers let their voices be heard as they joined other charter schools at the Capitol.

Chargers had the opportunity to meet with Senator MacGregor during their visit to Lansing.

Every year, the Michigan Association of Public School Academies (MAPSA) facilitates a charter school advocacy day. This year CTA was able to bring approximately 60 individuals – students in 8th – 12th grades, parents and staff members. During the day, they had the opportunity to let members of our Michigan government know that our ability to choose our schools matters. We heard Representative Kelly speak, saw the Michigan Supreme Court in session, and spoke with Senator MacGregor.

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Pilot program could save court time, reduce jail overcrowding


N-Kent-County-logo

The Kent County Board of Commissioners accepted $33,730 from the State of Michigan last week to fund a pilot program to determine if earlier involvement by court-appointed attorneys will help speed cases through the system, and enhance their services.

Funded by the Michigan Supreme Court State Court Administrative Office (SCAO), the grant funding will be used by the 63rd District Court to increase the use of court appointed attorneys for “indigent” (low income) misdemeanor defendants at their first court appearance or bond hearing. The Court hopes the program will reduce the number of court appearances necessary in misdemeanor cases.

“Currently, the Court provides court appointed counsel to indigent misdemeanor defendants only after the first pre-trial conference,” said Kevin McKay, 63rd District Court Administrator. “The opportunity to meet with a Public Defender before arraignments or bond hearings could help eliminate additional hearings, which would save staff time and taxpayer money.”

Currently, the Court is working with the Kent County Office of the Defender, the Kent County Prosecutor’s Office and the Kent County Office of the Sheriff, with a goal of starting the program by March 1, 2014. Some of the grant funds will be used to have an attorney available for an additional one-half day per week for weekly misdemeanor arraignments at the Court, as well as providing counsel for eligible indigent defendants being arraigned by video on any day of the week.

The pilot funding expires on September 30, 2014, at which time the Court will evaluate the program.

Evaluation will include tracking the time these misdemeanor cases take to move through the system before and after the pilot, and the number of pleas that are completed at first arraignment, as well as the point when defendants first meet with court-appointed counsel.

“We’re appreciative that the SCAO selected 63rd District Court to pilot this program,” McKay added.

“As one of the busiest two-judge district courts in the state, we are always looking for ways to be more efficient.”

If the pilot is successful, the Court will evaluate if the program can be continued within its operating budget and/or identify and apply for additional grant funding.

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Videos Of Michigan Supreme Court go online


New service is collaboration between Supreme Court and State Bar of Michigan

LANSING, MI—Video of Michigan Supreme Court oral arguments, administrative conferences and administrative hearings will be going online, thanks to a collaboration between the Court and the State Bar of Michigan.

Video will be recorded at the Hall of Justice then posted on the State Bar’s “Virtual Court” web page at http://www.michbar.org/courts/virtualcourt.cfm within 24 to 48 hours after the hearing or conference. Viewers can watch selected video and view related agendas or press releases at the same time.

The first videos, including a welcome message from Chief Justice Marilyn Kelly, have been posted. Also available for viewing is video coverage of the Court’s July 15 administrative conference, prefaced by an introduction from the chief justice.

Kelly said the new service is part of the Court’s commitment to openness and transparency. “While our hearings and administrative conferences are in public, not everyone can make the trip to Lansing to attend,” she said. “In a digital age, the public increasingly expects not only physical access, but also virtual access, to government. With this expansion of the Court’s online presence, viewers will need only an Internet connection to watch the Court at work.”

State Bar President Edward H. Pappas said the online video “will be a valuable tool for attorneys, particularly those who practice before the appellate courts. It’s enormously helpful to see others arguing their cases, for example, when you are preparing to go before the Supreme Court yourself.

“But more than that, we believe this new service will give the public an additional window into the workings of the Supreme Court, not only as to the cases the Court decides, but also as to the role it plays in administration of state courts,” Pappas added. “We’ll continue to develop it and add improvements based on the feedback we get from viewers.”

Kelly noted that Michigan Government Television will continue to broadcast Supreme Court proceedings, as MGTV has done since 1996. “We will still have television coverage, in many cases live coverage, of the Court, thanks to our valued partner MGTV,” she said. “Online video is simply another way of making the Court more accessible.”

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