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							                                2008 Muskegon County Bar Association



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Volume 2, Issue 8: EIGHT PAGES                                                                                 November—December 2008


Innovative jury-reform project on trial here
 Muskegon County residents assigned
to juries in the 14th Circuit Court-
room of Chief Judge Timothy G.
Hicks are now allowed greater free-
dom to learn the case as it goes
along.

  In a letter to MCBA members,
Judge Hicks said the Michigan Su-
preme Court ordered seven circuit
judges statewide to test various jury-
reform proposals over the next two
years. He has agreed to test-drive
several proposals. These include:
                                                                    Hon. Timothy G. Hicks, 14th Circuit
                                                                   Chief Judge, with Bailiff Orlando Riley
1. The attorneys, together, are to pro-
vide each juror with a reference book     3. Attorneys must provide a list of ele-          Guidelines must be met (MCR 2.513
containing witness lists, relevant law,   ments of the crime or elements of the             (K).
and copies of relevant documents          plaintiff’s case in civil matters that the
where their interpretation is at issue.   judge will read to jurors at the outset           6. The judge will accept written juror
                                          of the trial.                                     questions at the close of the initial
                                                                                            cross-examination and ask the witness
2. At any time, the judge - either by     4. The court will allow attorneys to              the questions posed by jurors.
an attorney request or sua sponte         present “interim commentary” at ap-
instruct the jury on a point of law if    propriate junctures.                              7. Attorneys for both parties must file a
the instruction will help jurors better                                                     concise written summary of each wit-
understand the proceedings and help       5. Jurors may discuss the case among              ness’s deposition. The summary would
them reach a just verdict.                themselves during the trial, but certain                                     Con’t Page 6


Paul Wishka wins 2008 Neil G. Mullally Restorative Justice Award
                                        Meaningful punishment for wrongdoers                 work implementing the philosophy for ju-
                                      and their victims is the bedrock belief of             venile offenders and their victims.
                                      “balanced and restorative justice.”                      WSDRC last year not only honored
                                                                                             Chief Probate Judge Neil G. Mullally for
                                        The Muskegon-based Westshore Dispute                 his efforts in implementing the restorative
                                      Resolution Center recently awarded Paul                justice program, but named the award for
                                      M. Wishka, 14th Circuit Family Court                   him.
                                      administrator, the second-annual Neil G.                 Mr. Wishka said following in the judge’s
                                      Mullally Restorative Justice Award for his                                           Con’t Page 6
          Paul M. Wiskha
PAGE 2                                                O BI TE R DI C TU M                             V OL U ME 2 , I SSUE 8:



              Remembering Our Late Colleagues
  William J. Hipkiss, a longtime Muskegon attor-                   Veteran attorney Robert L. Forsythe, an Ann
ney and veteran actor in West Michigan community                 Arbor native and graduate of the University of
theater, died Sept. 30 in Rockford, Ill. He was 75               Michigan and its law school, died Oct. 25 at his
years old.                                                       Muskegon-area home. He was 89.
  A memorial service for Mr. Hipkiss was held Oct.                 Like many members of his generation, Mr.
8 at the historic Frauenthal Theater in downtown                 Forsythe responded when his nation called, serving
Muskegon.                                                        in the U.S. Army during World War II. Rising to
  A native of the Queens borough of New York                     rank of captain, he served in the South Pacific and
City, Mr. Hipkiss moved to Muskegon in the                       took part in the Battle of Guadalcanal. After VJ
                        1960’s. He practiced law in              Day, he commanded a facility
                        West Michigan for 38 years,              housing Japanese prisoners of
                        including a stint at the Mus-            war, including one of the
                        kegon County Prosecutor’s                women generically known as
                        Office.                                  “Tokyo Rose.”
                          Mr. Hipkiss was well-                    After the war, Mr. Forsythe
                        known as a performer, pri-               came to Muskegon where he
                        marily in musical theater.               practiced law, particularly
                          Among his notable roles                representing various munici-
                        were Tevye in “Fiddler on                palities, including Norton
     William Hipkiss    the Roof,” Alfie Doolittle in            Shores, Coopersville, and
                                                                                                 Robert L. Forsythe
                        “My Fair Lady,” Cervantes/               the Village of Fruitport. He
Don Quixote in “The Man of La Mancha,” King                      formed a law partnership known as Parmenter,
Arthur in “Camelot” and Capt. von Trapp in “The                  Forsythe and Rude. This later became today’s Par-
Sound of Music.” His nonmusical characters in-                   menter O’Toole Law Firm, from which he retired
cluded the Russian arms negotiator Botvinnik in “A               from the active practice of law in the mid-1980s.
Walk in the Woods,” and C.S. Lewis in                              Mr. Forsythe also was a business owner., serving
“Shadowlands.”                                                   as managing partner of Arlington Estates Mobile
  Mr. Hipkiss served in the U.S. Air Force as an                 Home Park. An avid golfer, he was a member of
Airman 1st Class, and was stationed in Germany                   the Muskegon County Club, becoming its presi-
during the Korean War. He graduated with a B.A.                  dent in 1974. He also served as president of the
from the University of Michigan in 1959, and                     Muskegon County Bar Association in 1960.
earned his law degree from the American Univer-                    Mr. Forsythe is survived by his wife, Marilyn;
sity of Law in 1962. He worked in the Justice De-                son, Grant (Diane) Forsythe of Cary, NC; two
partment and NSA during the 1960s.                               daughters, Mary Forsythe of Charlotte, NC, and
  Mr. Hipkiss married Elizabeth LaGrande on May                  Sarah Forsythe of Los Angeles, CA; six stepsons,
14, 1988, in Rockford, where he was a member of                  Charles (Kim) Schaub, Rodney (Peggy) Schaub,
First Presbyterian Church.                                       John (Debbie) Schaub, Thomas (Mary Price)
  After retiring from law, Mr. Hipkiss in August                 Schaub, James (Holly) Schaub, all of Muskegon;
2005 moved from Grand Haven to his wife’s home-                  and Tom Nowakowski of Muskegon; and two
town, Rockford, Ill. There he became an author.                  stepdaughters, Terri (Hugh) Goldsmith of Ann Ar-
Mr. Hipkiss wrote three novels of autobiographical               bor, MI and Lois (Steve) Smith) of Muskegon. He
historical fiction: “Normandie: Scandal on Pier                  was preceded in death by his first wife, Elinor, and
88,” “Fasching” and “Hagerstown.”                                his second wife, Phyllis.
 The family has requested that memorial donations be sent to       The family suggests memorial be made in Mr.
Muskegon Civic Theatre, 425 W. Western Ave., Suite 401,          Forsythe’s name to the Muskegon Rescue Mission.
Muskegon, MI 49440. By Bill Iddings, Muskegon Chronicle
PAGE 3                                                                                                            V OLU ME 2, ISSU E 8 :




    Defender group responds to 60th District
        Court Public Defender changes
 By: Margaret Sind Raben, President                                The NLADA found that every county system they exam-
 Criminal Defense Attorneys of Michigan                            ined failed to meet at least one of the American Bar As-
    The Muskegon County Bar Association was correct                sociation’s Ten Principles of a Public
 when they described the current public defender system            Defense Delivery System – the na-
 as “failing.” (”Judges Overhaul Public Defender System,”          tionally-recognized criteria for effec-
 September/October, 2008) Though the Constitution                  tive, efficient and ethical public de-
                                          clearly provides         fense systems. The United States
                                          all of our na-           Supreme Court describes the ABA
   The recent changes in Muskegon’s
                                          tion’s citizens          standards as “guideposts” for assess-
       public defense system, as de-
                                          with the right to        ing the effectiveness of public de-
    scribed in the September-October
                                          an adequate              fense. (Wiggins v. Smith, 539 US 510
      Obiter Dictum, are steps in the
                                          trial-level public       (2003). In the words of the NLADA
     right direction and should be ap-
                                          defense, the re-         report, “None of the public defender
   plauded. But will these steps actu-                                                                        Margaret Raben
                                          cent report com-         services in the sample counties [in
   ally improve the quality of defense
                                          missioned by the         Michigan] are constitutionally ade-
                  services?
                                          Michigan Legis-          quate.”
                                          lature and com-             States have a constitutional responsibility to fund and to
 pleted by the widely respected National Legal Aid and             administer constitutionally adequate public defense deliv-
 Defender Association (NLADA) indicates that Michigan              ery services. However, Michigan is one of only seven
 fails to meet even minimum national standards for effec-          states that shifts the entire burden of financing this critical
 tive public defense delivery systems. The problem is              constitutional mandate on its counties.
 statewide.                                                           Public defenders deserve and require adequate funding
    The NLADA’s experts examined ten counties in Michi-            and the resources to provide a constitutionally adequate
 gan: Alpena, Bay, Chippewa, Grand Traverse, Jackson,              defense, the time and opportunity for confidential commu-
 Marquette, Oakland, Ottawa, Shiawassee, and Wayne.                nications with their clients, manageable workloads, and
 The counties were selected by an advisory group ap-               training commensurate with the complexity of their
 pointed by the legislature and chosen as representative           caseload and the criminal justice needs in a particular
 of Michigan’s counties and their various public defense           case. Only then will these dedicated attorneys be full and
 delivery systems.                                                                                             Con’t Page 4

     Contact Your MCBA Officers
               Officers for 2008-2009
                                                              Mark your calendars for
 Jenny L. McNeill, President.............231-744-6218
                                                               these upcoming events
 jennymcneill@comcast.net
                                                           Friday, December 5, Muskegon Country Club, Barristers’ Ball. Matt
 John Schrier, Vice President............231-722-5401     Miller’s band performs. Friday, 1 May 2009 Law Day celebration,
 jcs@parmenterlaw.com                                     Holiday Inn Muskegon Harbor. Volunteers needed. Belinda Barbier,
                                                          chairperson.
 David L. Bossenbroek, Treasurer....231-726-6603          Wednesday 3 June 2009 Annual MCBA Golf Outing, Stonegate.
 britboslaw@aol.com

 Joseph Bader, Secretary.................. 231-724-6435
 baderjo@co.muskegon.mi.us
                                                                             Transitions
                                                                            William Patrick Nolan      Tom Armour has re-
                                                                            was born October 8,        turned to Colorado. “I
    COURTHOUSE-CONVENIENT OFFICE                                            2008 at 7:50 a.m. to       very much enjoyed my ten
               SPACE AVAILABLE                                              Geoffrey & Elizabeth       years in MI and my mem-
   2nd floor office space ideal for attorneys. 8                            Nolan. He was 7lbs 5       bership in the local bar.”
  West Walton. All services. Call Rick Tolle at                             oz and 19 inches in        He can be reached at 303-
  231-726-1400.                                           William Patrick   length.                    522-2087 TJArmour@aol.
                                                               Nolan
PAGE 4                                                   O BI TE R DI C TU M




Diversity, youth foreseen on Obama court
  The nation voted for change this No-      in the area of civil rights.                The professors’
vember, and President-Elect Barack            “Civil rights,” however, will have a      short-list of possible
Obama likely will craft a younger,          broader meaning under future Obama-         candidates include
more diverse—and more liberal—              appointed courts, Mr. Troutman said.        Johnnie B.
judicial landscape particularly on the      Issues will include same-sex marriage,      Rawlinson, 9th Cir-
nation’s highest court, two local politi-   right to assisted suicide, prisoner de-     cuit Court of Ap-
cal scientists told MCBA members at         tainees, and affirmative action.            peals; Leah Ward
the 12 November meeting.                                                                Sears, Georgia Su-
                                                                                                                 Troutman
  Kurt Troutman and David Taki-               Mr. Takitaki said “change can hap-        preme Court; and
taki of Muskegon Community College          pen dramatically and in a short period      “longshots” Jennifer
said the aging Supreme Court likely         of time,” particularly because the aver-    Granholm, Michigan
will offer the new president a great        age age of a justice is 69 with the         governor; Elena Ka-
opportunity to appoint women and            range spanning John Paul Stevens at         gan, Harvard Law
minorities whose judicial philosophies      88 to Chief Justice John Roberts at 53.     dean, and Sen. Ken-
differ markedly from those of Repub-            In his first term, President Obama      neth Salazar, D.
lican predecessors, particularly            likely could replace several justices.      Colorado.
                                                                                                                  Takitaki

 CDAM: Funding defense is the fundamental problem in public defense problem
Con’t from Page 3                                               effectively, efficiently, and adequately delivered to our
equal partners in a court system that was created               citizens, wherever they live.
and is sworn to protect the rights of all.                         Michigan’s patchwork county by county public defense
   Michigan’s taxpayers deserve a public defense                system is a statewide problem that requires a statewide
system that demands accountability so as to ensure              solution. The Muskegon courts have taken an important
that the system they fund meets minimum national                first step but they can’t fix the underlying problems.
standards and is consistently and adequately                    State lawmakers must recognize the state’s responsibil-
funded across the state.                                        ity to come to the assistance of our beleaguered courts
   The recent changes in Muskegon’s public defense              and local funding units, and ensure that Michigan’s pub-
system, as described in the September-October                   lic defense system is addressed as a whole, not piece-
Obiter Dictum, are steps in the right direction and             meal. The Constitutional rights which are so eagerly
should be applauded. But will these steps actually              studied and envied throughout the rest of the world re-
improve the quality of defense services? One thing              quire our protection and they require our action. Let’s
we know for sure from the NLADA report is that                  seize this chance to do the right thing and make Michi-
these long-overdue changes will not resolve the fun-            gan a leader in effective and fiscally responsible defense
damental underlying problems. These problems in-                services..
clude the fiscal squeeze on county- and municipal-
ity-funded public defense systems in times of eco-              To view the NLADA report, go to http://michbar.org/
nomic decline and the lack of state standards and               publicpolicy/indigentdefense.cfm. See also David
oversight to ensure public defense services are                 Kortering’s report at Page 6.


                                                             So, where have you been lately?
                                                             Share with col-
                                                             leagues pix
                                                             from your trav-
                                                             els. Send to
    Copper Harbor, Michigan Sep-                             mcbaobi-
    tember 2008 by Heidi Hagen
    HEIDI D. HAGEN, PLLC                                     ter@yahoo.com
    800 Ellis Road, Suite 206
    Norton Shores, Michigan                                  Share YOUR travel pix with The OBITER; mcbaobiter@yahoo.com
PAGE 5                                                     O BI TER DI CTU M                                       V OLU ME 2, ISSU E 8 :



 Representative Assembly weighs rule changes
 By David Kortering, Member                     follows:                                    not produced may be presumed by ju-
 Representative Assembly, 14th Circuit            A trial court judge should neither con-   rors to have been adverse to the prose-
                                                tract as an independent contractor nor      cution.
 [Editor’s Note: Mr. Kortering and Ms.          employee as a court staff member in           There was a lot of discussion on this
 Shon Cook serve as our representa-             any capacity a spouse, sibling, parent or   motion and a few friendly amendments
 tives to the rules-making body known as        child of an attorney having an office       were made to make the motion more
 the Representative Assembly. This is           located within the                          permissive than mandatory as to the
 Mr. Kortering’s report of the 18 Sep-          same jurisdiction as                        jury instruction, and with the amend-
 tember 2008 State Bar Annual Meeting           that trial court or of an                   ments, the motion passed by a 62-37
 in Dearborn.]                                  attorney who engages                        vote.
                                                in the practice of law
 1.      Political & Judicial Endorse-          in that trial court.                        4. MCR 6.425(B) & 6.610(F) Presen-
         ments: Should the State Bar of           The proposal was                          tence Report: Should the Representa-
         Michigan amend Article VIII of its     sent to the special is-      David          tive Assembly recommend that the
         Bylaws so as to discourage officers    sues committee by mo- Kortering             Michigan Supreme Court amend MCR
         of the Representative Assembly         tion of the proponent.                      6.425(B) and 6.610(F) of the Criminal
         (the Chair, Chair-elect and Clerk)                                                 Procedure to allow for an adjournment
         from personally endorsing candi-       3. MCR 6.201(B) Preservation of             of sentencing if the presentence report
         dates for political and judicial of-   Electronic Recordings: Should the           is not timely submitted and to allow for
         fice, which might be construed as      Representative Assembly recommend           the submission of corrections, additions
         being and endorsement of the Rep-      the Michigan Supreme Court add a new        or deletions to the presentence report?
         resentative Assembly or the State      subsection under MCR 6.201(B) of              There was some discussion about the
         Bar of Michigan, during their terms    Criminal Procedure directing the dis-       motion but it passed with a clear major-
         as officers of the representative      covery disclosure and preservation of       ity.
         Assembly? There was discussion         pertinent electronic recording evidence
         about the 1st Amendment (free          made by a government agency or agent        5. MCR 6.425(B) & (C) Presentence
         speech) limitations of this motion     as follows:                                 Report: Should the Representative As-
         to the Chair, Chair-elect, and Clerk     MCR 6.201(B)(6) any electronic re-        sembly recommend the Michigan Su-
         of the Assembly and the motion         cording evidence made by any govern-        preme Court amend MCR 6.425(B) &
         failed by a clear majority.            mental agency or agent pertaining to        (C) to mandate the distribution of cop-
 2.      Cannon 2(F) of Judicial Con-           the case known to the prosecuting attor-    ies of the presentence report before sen-
         duct: Should the Representative        ney. Such records shall be preserved        tencing?
         Assembly support and endorse a         by the prosecuting attorney until after       This motion was withdrawn by the
         Resolution to Amend the Michigan       all appeals have been exhausted or all      proponent considering the other motion
         Code of Judicial Conduct as            rights of appeal have expired, which-                                 Con’t Page 6



 Hospitals’ merger a decade-long project
   Mary Boyd, chief development officer of Mercy Health                 Lakeshore,” she said.
 Partners, told MCBA members at their October meeting
 that the recent merger of Hackley-Mercy hospital merger is            The merger resulted in two separate
 an undertaking that will take years to fully complete.                legal entities, but that arrangement
   The new entity operates four hospital campuses, employs             is temporary, Ms. Boyd said.
 thousands, including 375 physicians, and provides primary             “Eventually you’ll see us under one
 and secondary health care from Shelby to Norton Shores.               legal structure...one organization.”

    The marriage of Hackley and Mercy is less a merger than              We’ll also see one major campus
 a “cultural transformation” of two proud institutions, Ms.            in which primary services are con-
 Boyd said. Although the selected name appears to muscle               solidated at the Mercy site, she said.      Mary Boyd
 Hackley’s legacy aside, the resulted from market research.            But that change will take up to 10
 It had to resonate among potential clients “up and down the           years to complete.
PAGE 6                                                      O BI TE R DI C TU M                                    VOLUME 2, ISSUE 8



Pilot project to test better ways to educate jurors about case
Continued from Page 1                                            After the verdict, attorneys, jurors, and the judge must complete
be read at trial - not the full deposition. Expert wit-        a detailed questionnaire about the experience. Results will be for-
nesses also may sit through the other’s testimony and          warded to the state supreme court for analysis.
                     jurors can hear a “panel discussion
                     by all experts on that subject.”            Some local trial lawyers have voiced concerns, but there have
                                                               been no bench-bar meetings on the topic and the matter isn’t open
                   8. Each juror individually is to re-        for discussion.
                   ceive a set of written jury instruc-
                   tions for use during deliberations.           In fact, if you have a jury trial scheduled before 14th Circuit
                                                               Judge Timothy G. Hicks, you’re involved in a pilot project con-
               9. The judge may, in appropriate                cerning jury deliberations. “There is no opt-out option,” Judge
  Hon. Timothy cases, instruct jurors before closing           Hicks said. And the Supreme Court’s order AO 2008-02 removed
    G. Hicks   arguments.                                      any room for discussion.




Mullally Restorative Justice Award recognizes unique service
Continued from Page 1                                             October 2008 at the fourth annual BARJ
Footsteps and example was humbling and a motivation.              Conference at the Holiday Inn Muskegon
                                                                  Harbor.
 Judge Mullally lauded the decision to honor Mr.                     Participants from across the state ac-
Wishka. "Paul Wishka was one of the earliest support-             knowledged the distinction.
ers of Balanced and Restorative Justice in our commu-                WDRC oversees about 400 cases annu-
nity,” Judge Mullally said. “In every position he has             ally involving restorative justice – making
held in the court system, he has recognized the positive          victims whole while offering
impact that restorative justice has with victims, offend-         insight and education to offenders. Clients     Judge Mullally
ers, and community members.”                                      are assigned by Muskegon County 60th
                                                                  District and Juvenile Court judges.
  The judge also noted that Mr. Wishka was a lifelong
friend of Brian P. Mattson, for whom the BARJ center                The Neil G. Mullally Award resides at the WDRC offices.
is named.                                                         Mr. Wishka’s name joins Judge Mullally’s. Next year, a new
  WDRC presented the award to Mr. Wishka 22                       recipient will be added and honored.

 Kortering Report, Continued                                           Systems in Michigan. While there is no “cookie-cutter”
 regarding presentence reports.                                        method to indigent defense, the study indicates changes
   Other items on the agenda were as follows:                          must be made. Discussion revolved around the cost and
   The Michael Frank award for a lawyer who has made an                process of revamping the public defender system in Michi-
 outstanding contribution to the improvement of the profes-            gan and whether each county should be left to their own
 sion was given to Justice Thomas Brennan, Sr., who served             resources and funding. Ten counties were studied - Al-
 as the 81st Justice and Chief Justice of the Michigan Supreme         pena, Bay, Chippewa, Grand Traverse, Jackson, Marquette,
 Court as well as the founder of the Thomas M. Cooley Law              Oakland, Ottawa, Shiawassee and Wayne.
 School.                                                                  The study indicated District Courts across the state are
   The Unsung Hero award for a lawyer who has exhibited                prioritizing speed, revenue generation and non-valid waiv-
 the highest standards of practice and commitment for the              ers of counsel over the due process protections afforded by
 benefit of others was given to Susan Spagnuolo Dal, long              the United States Constitutions. “In fact, the emphasis on
 time Legal Aid attorney for Legal Aid of South Central                speed of case processing has led one jurisdiction – Ottawa
 Michigan (Livingston County).                                         County – to colloquially refer to the days on which the dis-
   David Carroll, Director of Research for the National Legal          trict court arraigns people as “McJustice Day (their termi-
 Aid and Defender Association (NLADA), entitled “A Race                nology, not ours).” Although cost is an issue, New Or-
 to the Bottom – Speed & Savings Over Due Process: A Con-              leans, LA revamped its system after Hurricane Katrina,
 stitutional Crisis.”                                                  indicating funding should not be an issue. I will gladly get
   This presentation discussed the recent evaluation by the            anyone a copy. reading it.
 NLADA about the Trial-Level Indigent Defense
PAGE 7                                                   O BI TER DI CTU M                                   VOLUME 2, ISSUE 8



 Psychologist shares insights into troubled kids
    Children can become              polar” parents: Kids don’t want
  “management problems” to           to hear excuses.
  their parents and step-parents,
  psychologist Dr. Joseph Auf-       •    Unorganized: Kids depend
  frey told the MCBA’s Family             on parents and distrust
  Law Section at its November             those who don’t regularly
  meeting. Five types of parental         cook, clean, and maintain
  behaviors create risk for creat-        schedules.
  ing such problems, he said:        •
  • Partying parent: Kids like       •    “Helicopter” parents:
       stability not undepend-            Overprotective, overindul-
       ables.                             gent parents: This parent
  • Overly religious: So out-             puts the child at risk by
       side the mainstream that           not preparing them to      Dr. Joseph Auffrey instructs members of the Family Law
       kids realize it.                   solve their own problems. Section of the MCBA at the November meeting. Jamie
  • Erratically behaviors, “bi-                         Con’t Page 8 Shafer participates.


  14th’s Chief Judge Ruck now a published author
    Muskegon’s Chief Circuit judge published an authoritative article in the October 2008
  Journal of the State Bar of Michigan. “Discipline of Stepchildren by Stepparents in Cases
  Involving Joint Custody” held the byline of Hon. John C. Ruck. “I’ve always wanted to do
  this,” he said.
    The article, ripped from the judge’s experiences, focuses on some of the most vexatious
  situations following divorce — stepparents disciplining a child of the former marriage while

               Parentally administered corporal punishment is so ingrained
              in our society as to be considered sacrosanct by many parents
              and cultures. Because it can be so easily susceptible to misuse
             and abuse, “sharing the rod” with a stepparent should be subject
                             to judicial oversight and restraint.

  acting in loco parentis. How much discipline - and in which mode - may a stepparent act
  without incurring an assault and battery charge? The problem is older than David Copper-            Hon. John C. Ruck
  field, Judge Ruck notes. See the Journal or at www.michbar.org/journal/pdf/pdf4article1424.
  pdf.

                              2009 Law Day planning under way
                                You’ve got a good rapport with your son’s      teachers, principals, and students to alert them to
                              8th grade English teacher. Great.                the topics of essays, and high school speeches that
                                Barack Obama and you used to shoot             could provide them with substantial scholarships.
                              hoops at the dorm during your undergrad          The Committee also recognizes individuals in the
                              years. Great.                                    community through the annual Liberty Bell
                                You believe in the rule of law and the role    Award. The MCBA also recognizes an area educa-
                              our young people might play in our future        tor for his or her efforts on behalf of students.
                              and the future of the nation. Perfect.             The 2009 theme is ”Legacy of Liberty, Celebrat-
                                The MCBA’s Law Day Committee needs             ing Lincoln's Bicentennial.”
                              YOU. Chaired this year by Belinda Barbier,         The committee will meet early in the new year to
                              the Law Day Committee needs volunteers.          set deadlines and make applications available for
  Belinda Barbier is            LAW DAY will be held Friday, 1 May             each of the contests. Please contact Ms. Barbier at
  chairing the 2008 Law       2009 at the Holiday Inn Muskegon Harbor.         belindabarbier@yahoo.com or by phone, 231-457-
  Day Celebration.              The Committee needs help contacting            3685,
PAGE 8                                                      O BI TE R DI C TU M                                    VOLUME 2, ISSUE 8



2008 Condolences                                   Dr. Auffrey: Few child resources here
                                                    Con’t from Page 7
 Hon. John Joseph                                     Parents of difficult children have       Dr. Auffrey said. “Community Mental
 Namenye , retired probate                          few resources to turn to in West           Health (of Muskegon County) with all
 judge, died 28 February. He                        Michigan. Pine Rest and other facili-      due respect does not pick up the ball
 was 81 and a WWII                                  ties will accept children, but only for    for many folks. There are tight budg-
 Army veteran.                                      a short term and only if they are a        ets and other concerns.”
                                                    threat to themselves or others.              Even parents with insurance find its
                                                      “Child psychiatry is virtually un-       coverage often expires after three
                                                    available on an emergency basis,” he       days. “Parents have to struggle to
                                                    said. “It’s a very clumsy system.” In-     manage.”
 Thomas J. O’Toole died 14 August. He was a         stitutions of yester-year that no longer      Judge John Ruck has the referenced
 retired senior partner with the                    exist did a better job than we are,        New Yorker article ready for pick up at
 firm he helped found, Parmenter-O’Toole. He                                                   his office.
 was a U.S. Army veteran.

                                                             United Way asks for help
 Leo Linck on 30 August at age 90. He began            Tom Powers, United Way
 the practice of law soon after returning            spokesperson, asked for at-
 from the U.S. Army during World War II. He          torneys’ help at the MCBA’s
 earned his law degree at Notre Dame.
                                                     October meeting.
                                                      Mr. Powers said the need is
                  William J. Hipkiss, a long-        keen in Muskegon and grow-
                  time Muskegon attorney and         ing greater by the day.
                  veteran actor in West Michi-         Please consider a donation
                  gan community theater, died        to this year’s United Way
                  Sept. 30 in Rockford, Ill. He
                                                     campaign.                                                     Tom Powers
                  was 75 years old.

                                                           The OBITER DICTUM is a                Interested in forming a
                                                         publication of the Muskegon
Veteran attorney Robert L.
                                                         County Bar Association. All               local Probate Law
Forsythe, an Ann Arbor na-
tive and graduate of the Uni-                            rights reserved.                               Section?
versity of Michigan and its                                Articles, photographs, sugges-
                                                         tions, birth announcements, death       Several local attorneys will meet
law school, died Oct. 25 at his
                                                         notices may be sent to mcbaobi-       in December to determine the level
Muskegon-area home. He was
                                                         ter@yahoo.com or faxed to 231-        of interest of forming a local Pro-
89.
                                    Bob Forsythe         726-1408.                             bate/Elder Law Section.
                                                                                                 Given the success of the local
                                                                                               Family Law Section, attorneys with
         Three new colleagues join the profession                                              a probate/elder law interest plan to
                                                                                               gather for some informatl discus-
  The legal profession is the   •    Kevin Huss by Joe      •    Scott Lamiman by
richer after the 12 November                                     Chris Houghtaling.            sion.
                                     Bush;
admission of three new mem-                                                                      If interested, call Linda Kaare at
                                •    Alisha Riedl by          The ceremony took place
bers. The attorneys and their
                                     Tony Tague; and        in the courtroom of Judge          722-1621 or Mike Walsh at 726-
sponsors are:                                               William C. Marietti.               1400.

MCBA Officers for 2008-2009
Jenny L. McNeill, President............... 231-744-6218 jennymcneill@comcast.net
John Schrier, Vice President............. 231-722-5401 jcs@parmenterlaw.com
                                                                                                       Moving On
David L. Bossenbroek, Treasurer.... 231-726-6603 britboslaw@aol.com                              Matthew T. Miller, formerly at
Joseph Bader, Secretary.................... baderjo@co.muskegon.mi.us                          Tolle & Walsh PLC, is moving to
Board Members                                                                                  affiliate with Jeff West and Associ-
David Waterstradt, Maria Ladas-Hoopes, Michael G. Walsh, and J. Christopher                    ates. He will continue a practice fo-
Wilson.                                                                                        cused on family and criminal law.

						
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