COMPLAINTS ABOUT THE DOMESTIC RELATIONS LEGAL SYSTEM
The Michigan Domestic Relations Legal system is atrocious because it thrives on the destruction and break-ups of the core family structure.
The Friend of the Court, the Judges, and attorneys that are involved all benefit from your current disastrous situation. Some of these officials receive an incentive payment to collect money from you, others have high fees they charge you, while others have their retirement funds paid by the very system that you are now involved in. Its a big industry for alot of people, which means there is alot of room for abuse. How do you defend yourself and make others aware of the abuses that will likely occur? You read this document and know your rights. You have the right to file grievances, appeals, and complaints regarding certain officials' behaviors and by not following through, you are acknowledging the corrupt system is indeed ok. Stand up today folks.
How Do I File a Complaint Against the FOC?
If you have a complaint about the FOC operations or employees, you can bring it to the Friend of the Court by letter or phone call. Michigan law also provides a grievance procedure a party can use when they have a complaint about FOC operations or employees. A grievance may not be used to disagree with a decision of a Judge or a FOC recommendation. Be sure to only use the telephone to complain if you want them to not count it or acknowledge. Always conduct your grievances in writing.
It is very helpful to know the actual statutory job duties of the Friend of the Court so you can match up their misconduct directly to a failure to perform a specific duty. You can view the duties by clicking here. (excerpt from the Friend of the Court Act of 1982)
Another section of the Friend of the Court Act that you will want to print and be familiar with is the MCLA 552.505.
You can file a grievance in two ways:
By filing a grievance form, which you can obtain at the FOC office or
By stating your concerns in writing to the FOC in which you clearly identify your letter as a grievance. You can download the State Court Administrator's Office form which is referred to as FOC 1a. It is available free online, since many of the Friend of the Court offices hide these forms and make you ask for them. If this happens to you, look at the duties listed at the above statute and file a grievance against them for making you ask for the form.
The Friend of the Court must investigate and answer your grievance within 30 days or notify you why a response is not possible within that time. It is very important that if you do not receive a response within 30 days, file another grievance naming the Friend of the Court (the actual person) on the next grievance for not doing his/her job again.
If you are not satisfied with the Friend of the Court's response to your grievance, you can file a further grievance, in writing, with the Chief Circuit Court Judge within 30 days of the response.
Be sure to visit FOCINFO.COM & FIXTHEFOC.COM. You should also email your grievances and statements to the two sites just mentioned. They are keeping track of various Friend of the Court issues that are raised by the people and do not work for the State of Michigan.
It is very important to follow up with this next step, especially if it pertains to an employee within the court. The more grievances filed against persons that are not doing their jobs, the more likely they are either going to be replaced or removed entirely.
The Chief Circuit Court Judge must investigate and answer your grievance within 30 days or notify you of the reason for the delay.
The FOC grievance procedure ends with the response of either the Friend of the Court or if a further grievance is filed, the Chief Circuit Court Judge.
If you also have a Grievance with the general operations of the Friend of the Court office make sure you file an additional grievance with the local Citizen's Advisory Committee if one is available. The "CAC" is not available in all Counties, but even if there is not one, file a second grievance always regarding office operations if you have a problem with an employee, afterall the employee is part of the office operations... RIGHT?
How Do I File A Complaint About My Court Orders ?
Court orders are not covered under the FOC grievance procedure. Contact your attorney to discuss your legal options, such as a motion for re-hearing or an appeal to the Michigan Court of Appeals.
You can view the current Michigan Courts Rules at the Michigan Courts website. Go there and check it out. You can also find your way to the Court of Appeals to obtain forms if you need them.
How Do I File a Complaint About The Conduct Of The Judge or the Referee?
The Judicial Tenure Commission was created to review grievances about alleged misconduct of a Judge. Anyone who has serious concerns about the conduct of a Judge or a Referee can contact:
Michigan Judicial Tenure Commission
3034 West Grand Blvd.
Detroit, MI 48202
Phone: (313) 875-5110 or Fax: (313) 875-5154
This email address should be used to make general contact with the Commission office, and is not directed to any individual. The confidentiality of Internet transmissions via e-mail cannot be assured. Therefore, please do not use e-mail to forward information concerning complaints or grievances to the Commission, to assist in preserving the confidential nature of our investigations.
Complaints concerning your court orders should not be sent to the Judicial Tenure Commission. The Judicial Tenure Commission is not an appellate court and cannot change the content of a court order.
The Judicial Tenure Commission is going to look for certain key phrases, which involve not your existing matter but the Judge's behavior. Compare the Judge's behavior with their Code of Ethics.
To view the "Complaint Process" click here.
WHAT ARE POSSIBLE GROUNDS FOR ACTION AGAINST A JUDGE?A judge is subject to censure, suspension with or without pay, retirement, or removal for conduct including, but not limited to:
a) Conviction of a felony;
b) Physical or mental disability that prevents the performance of judicial duties;
c) Misconduct in office;
d) Persistent failure to perform judicial duties;
e) Habitual intemperance (i.e., abuse of alcohol);
f) Conduct that is clearly prejudicial to the administration of justice; or
g) Conduct in violation of the Code of Judicial Conduct or the Rules of Professional Conduct, whether it occurred before or after the individual became a judge or was related to judicial office.
WHAT IS JUDICIAL MISCONDUCT IN OFFICE?Misconduct in office includes, but is not limited to:
a) Persistent incompetence in the performance of judicial duties;
b) Persistent neglect in the timely performance of judicial duties;
c) Persistent failure to treat persons fairly and courteously;
d) Treatment of a person unfairly or discourteously because of the person's race, gender, or other protected personal characteristic;
e) Misuse of judicial office for personal advantage or gain, or for the advantage or gain of another; or
f) Failure to cooperate with a reasonable request made by the Commission in its investigation of a judge.
How Do I File A Complaint About My Attorney?
The Attorney Grievance Commission was created to investigate alleged misconduct of Michigan attorneys. Anyone who has serious concerns about the behavior of an attorney can contact:
Attorney Grievance Commission
243 West Congress, Suite 256
Detroit, Michigan 48226
(313) 961-6585 or www.agcmi.com