On Friday January 5, 2007 both a Request for Investigation of Courts with the State Court Administrator's Office and a Complaint for an investigation with the State Bar of Michigan were filed against the 23rd Circuit Court in Kent County Michigan and several employees. The filings are an introduction to a Complaint for Superintending Control and Petition for Order to Show Cause with the State Supreme Court against the Kent County Circuit Court, Kent County Circuit Court Judge G. Patrick Hillary, the Kent County Friend of the Court, Friend of the Court Caseworker Douglas Schumacher, and Friend of the Court Staff Attorney Daniel Fojtik and aims to prevent the use of non-lawyers by the local court to conduct actual legal proceedings against parties involved in domestic relations matters.
The use of non-lawyers, individuals not otherwise licensed by the State Bar, to conduct actual legal proceedings is forbidden by Michigan law under the Unauthorized Practice of Law statute (See MCLA 600.916). Similarly MRPC 5.5(b) prevents lawyers and judges from assisting an individual in the Unauthorized Practice of Law among other ethical restrictions placed on the conduct of lawyers and judges.
Several remedies are available to help resolve this very important issue under MCR 8.113(B) before having to file the original action with the State Supreme Court. They include:
(1) attempt to informally resolve the dispute,
(2) inform the complainant that an investigation pursuant to this rule is not appropriate under the circumstances,
(3) direct the complainant to the Judicial Tenure Commission or the Attorney Grievance Commission,
(4) request an investigation by the Judicial Tenure Commission or the Attorney Grievance Commission,
(5) refer a matter to the Supreme Court for possible exercise of the Supreme Court's power of superintending control over the judiciary, or
(6) take any other appropriate action.
It is possible that as a result of the Complaint that I am directed to various ethical grievance processes which would be ineffective at ensuring litigants are protected against non-lawyers conducting actual legal proceedings. The State Supreme Court would then be used to file the full Complaint for Superintending Control and Petition for Order to Show to resolve the dispute.
Additionally the State Bar of Michigan has remedies to ensure that exceptions are not made to the Unauthorized Practice of Law, file injunctions, and bring ethical complaints against individuals and those assisting individuals that engage in the Unauthorized Practice of Law in Michigan courtrooms.
The Complete PDF to the State Bar of Michigan can be found here and is substantially similar to the Request for Investigation of Courts that was filed with the State Court Administrator's Office:
Complaint to State Bar of Michigan w/ COMPLAINT FOR SUPERINTENDING CONTROL AND PETITION FOR ORDER TO SHOW CAUSE
Please note that for space limitations I have excluded Affidavits, Complete Brief, Indexes, Appendixes, and Table of Contents which will be released only after review has been conducted by the State Bar of Michigan and the State Court Administrator's Office.
If you have information pertaining to "friend of the court"caseworkers engaged in the Unauthorized Practice of Law in Michigan's courtrooms please email your complaints and information to me at laryholland@sbcglobal.net.