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.
Suite 8-450
Detroit, MI 48202
Phone: (313) 875-5110 or Fax: (313) 875-5154
www.judicialtenure@mi.courts.gov
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
Marquette Building
Detroit, Michigan 48226
(313) 961-6585 or www.agcmi.com
Friday, January 06, 2006
Subscribe to:
Post Comments (Atom)

5 comments:
You are one hell of a guy Lary. Thank you on behalf of all the parents and children in Michigan who can now benefit from this information.
Please, see web site
www.michiganjustice.com.
The goal of michiganjustice is to reform the Michigan legal system concerning divorce and the process to discipline errant attorneys.
Theodore A. Golden, M.D.
Have a question. My ex-husband has consistently been in arrears in the amounts of 3200 or 4200. He has never been show caused. I have a case where I pay. I have been taken to jail twice. Once for 647 that had been paid a year prior in full. The next time was for 153 dollars, that again had been paid in full via income withholding.
I was behind 200 last summer and the referee for my case stated that I was going up for a show cause for non payment. I asked how that is possible when my ex-husband was behind 3600 at that moment. He informed me it was alphabetical. Since I still had his last name and his 1st name started with a "C" and mine with a "N" How could I be up for one and not him?
His step mom has been an employee with the district court for 30 years. We are a small county.
Sept. I filed a complaint for non-payment. 2 months later he is show caused. Enforcement Officer orders him to pay 500 in 30 days. He doesn't comply. I had to go file another complaint. 30 days later he goes before the judge. Judge orders him to pay 800 with no deadline and discharges the show cause.
I am furious. He doesn't have a job. Why haven't they issued a bench warrant? Why would the show cause be discharged?
I spoke with the enforcement officer yesterday. He said he didn't have the file in front of him. He recalled that my ex was facing 2 felonies and that the court couldn't bleed a turnip. If they took him to jail that he would cost the county money.
Is this grounds for a grievance? Why would a judge dismiss without even ordering jail time if =the support wasn't paid?
Where as I am not in this situation and I thank God that I am not. My heart goes out to those who are suffering when our State has an unemployment rate of 10.6 percent right now and rising.
As my grandmother use to say you can not get blood from a turnip, and that is how I feel about individuals who are facing arreages and child support when clearly there are no jobs to be found here in Kalamazoo. As Govenor you have the ability to offer relief for these people who have lost there jobs and also who are unable to find jobs. When they fall behind the first thing the state wants to do is put them in jail how does this help? thus creating a criminal record which will cause them not to obtain employment if they are blessed to do so. How can the state ask someone to give them what they don't have? I just don't understand this kind of thinking.
Please consider eliminating all arreages for these people and also put in place that if the child is living with a parent who is working and making 4xs the amount of the person that has to pay support be equally responsible for the child. A lot of the people who recieve support buy new cars and use the money to pay their car notes, while the other parent is struggling trying to pay rent and other neccessary bills for themselves.
Relief is neccessary for individauls who are in this position.
Strict Laws need to be in place for the mothers of these children as well who have high paying jobs, to make sure that they are using the money for the child and not buying new cars, you would be supprised at the abuse of this law by the women.
My husband and I have been married for 15 years with one child who we adopted with no other children outside of our marriage. But we have seen abuse of the Friend of the Court and our State be very unfair.
(Example) If the female works for let's say Veterans Hospital has bought a new car, not a used car and the father has lost his job only making $9.00 an hour, what happened too the shared economics formula in that? yes I did my research.
The mother in a case like this should be soley responsible for the child until the other parent finds work with no interest or arreages which should be zeroed out, this would offer relief and peace of mind in this economy to the parent who is looking for employment. But the Friend of the Court abuses their power in this type of situation and has in the past ignored request thus creating a terrible situation.
New laws are in dire need for the outside parent.
What are you willing to do? to help these people they are suffering this is not fair. If they can not pay enforce that they substitute payment for babysitting thus eliminating any arreages and any child support, by babysitting their child while the mother of the child works. She then would not have to pay for a babysitter or Daycare thus saving her money as well which it's not her money that would be used. Some of these mothers lie and say that people are babysitting and that they pay them when in reality it is a family member and they don't charge them one dime to do so, generally it is the grandmother of the child in question. Clearly the parent that the child lives with makes much, much more. when a mother can afford to loan out money to family members in the amount of any amount or afford Nextel phones and name brand clothes, who has great insurance through their jobs, who needs the relief? Too me this is clearly abuse at it's highest. I am tired of hearing individuals complain about these things to friend of the court and nothing is being done to investigate the books. Fathers need to be backed by your office to hold these types of people accountable. My husband and I are moving from Michigan to North Carolina, because Michigan is an unfair State, also in order for our daughter to be in a State that has more to offer children who graduate. Our state tends to lean toward those who don't need it. As a tax payer I do not appreciate the unfairness of any person and neither should you or your office.
The economy is not going to get any better anytime soon and this is just a reality. And it is worse for the people who are trapped in this system of child support and arreages when they have no hope,money and no jobs to be found in Kalamazoo. Something needs to be done for relief for these individuals who are paying child support and have arreages ASAP. I pray that you will not ignore this and take a good look at how this law is so onesided and highly unfair. Our state has given these mothers the green light to get pregnant and then ride the backs of tax payers for a while while clogging up our judicial system to help them when they clearly have made a terrible choice, life is about choices and then, the horrible part is that the majority of these women will get pregnant by a man whom they know does not have a job. Time to hold the women accountable Govenor, not just the Man. I believe that you will find that when you get serious about how you all handle the females of these children they will think twice about their choices, which will hopefully eliminate them having to go to our courts to help them punish the father of the child because he has moved on or whatever the case may be. Both people are responsible for preventing pregnacy when one person is not working. We have held the hands of women for far too long and have assisted them in their abuse of the system, it is time we stopped doing so.
Sincerely,
A concerned citizen
Hi, I am responding to the comment about only fathers having to pay childsupport and all that. I am the custodial parent of one child and the other one lives with their father. Not only men have to pay support, and not only men are being targeted for arrearages. I stood in a court room and watched guys who owed tens of thousands of dollars behind and nothing being done while I, on little income I recieved from other son's dad, I had the book thrown at me for being about 1900 behind. I was told to pay 450 or go to jail for 45 days. I also informed the referee in that county I just found two parttime jobs, so now they want to put me in jail and then I will lose the two jobs. This is not equal justice under the law at all. I am mad so I am going to go to law school and maybe become a judge, I will be fair to people. There is no excuse for this referees/ friend of the court workers anymore. We are not going to take it anymore. AJ
Post a Comment