BRIEFS - Ingham County Bar Association
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Ingham County Bar Association INGHAM COUNTY BAR ASSOCIATION May 2021 BRIEFS President’s Message Page 4 Being a Prosecutor Page 5 Diversity Page 6 Ingham County Prosecutor’s Office
Contents Ingham County Prosecutor’s Office Values We serve the people of Ingham County by working to prevent crime and disrupt President’s Message........................................................4 cycles of trauma, violence, and poverty. We believe that all members of our community, Being a Prosecutor..........................................................5 including those who are marginalized, deserve to be safe. We recognize the Diversity..........................................................................6 inherent worth and dignity of all people. We value the perspectives of others, even those with whom we Cleaning Up the Streets..................................................7 disagree. We are professional and courteous in our private and public statements. We listen to and partner with members of our Meet the Ingham County Prosecutor’s Office.......... 8-13 community. We are dedicated to building a resilient and equitable community, where all members have an equal opportunity to thrive. Unconscious Bias in Jurors...........................................13 We are advocates for justice. We tell the truth. We recognize that Featured Young Lawyer – Courtney L. Ware...............15 we have great power and great responsibility. We are respectful, patient, and empathetic to all members of our community, including Featured Young Lawyer – Adam Pfeiffer.....................16 survivors of crime, defendants, and their families. We listen to and empower survivors. We recognize that no one is defined by a crime Educational Event: Lunch & Learn Series....................17 that they committed or suffered.We strive for professional excellence and embrace new ideas, best practices, legal advancements, and Yoga for a Cause...........................................................18 technology to serve and improve our community. We seek a fair, Survivor Resources.......................................................19 proportionate, and restorative outcome for all individuals involved in the justice system. Press Releases......................................................... 21-28 We are steadfast guardians of the rights of every participant in the justice system. We evaluate each case on its merits to promote justice being administered fairly and without bias or favoritism. We exercise independent judgment in the pursuit of justice. We hold ourselves to the highest standard of integrity in our personal and professional conduct. We are open and forthright with each other and our community. Carol A. Siemon, County Prosecutor @inghamcountybarassociation https://pa.ingham.org/courts_and_sheriff/prosecuting_attorney/ @ICBALawyers ICBA Logo and Letterhead Policy The ICBA has adopted a policy regarding the use of the ICBA logo and letterhead. If you are currently using or are planning to use the ICBA logo, we ask that you become familiar with and INGHAM C O U N T Y abide by the revised policy. You can read the full policy here. BAR ASSOCIATION 2 ICBA BRIEFS - May 2021
About ICBA Founded in 1895, the Ingham County Bar Association continues its longstanding tradition of service to the legal profession and the greater Lansing community, bringing lawyers together to join in a strong organization that works to achieve objectives that transcend the individual. INGHAM COUNTY SECTION CHAIRS COMMITTEE APPOINTMENTS BAR ASSOCIATION Bankruptcy Law Annual Dinner: P.O. Box 66 Norman Witte Charles Lawler Grand Ledge, MI 48837 Witte Law Offices, PLLC www.inghambar.org Annual Meeting: Patricia Scott Charles Lawler BOARD OF DIRECTORS Foster Swift Collins & Smith, PC President Ask A Lawyer: Sandra J. Lake Criminal Defense Law Ray Harris/Brandon Schumacher/Emily Jefferson Hall Matson, PLC Mary Chartier Chartier & Nyamfukudza, PLC Awards: President-Elect Jessica Zimbleman/Alex Rusek Charles A. Lawler Chris Wickman Clark Hill, PLC Nichols Law Firm, PLLC Barristers: Mark DeLuca Vice President Takura Nyamfukudza Pamela Amato Chartier & Nyamfukudza, PLC BRIEFS: Mallory Lapka Scott & Selin, PLLC Angela Wall, Editor; Mary Bowen, Board Liaison Employment & Labor Law Treasurer John A. Maise List Serve: Staff Steve Sinas White Schneider, PC Sinas Dramis Law Firm Meet the Judges: Chad Karsten Steve Sinas/Emily Jefferson Past President Fahey Schultz Burzych Rhodes Charles E. Barbieri Education: Foster Swift Collins & Smith, PC Family Law Chris Wickman, James Dalton Jennipher Martinez James L. Dalton White Schneider Young & Chiodini, PC Membership: Attorney at Law Lindsay Dangl /Steve Sinas Brooke Elise Van Buren-Hay Lindsay N. Dangl Private Practitioner Monthly Deliberations: Murphy & Spagnuolo, PC Alex Rusek Erica Terranova Paul McCord Bailey & Terranova Judicial Deliberations/Panels: Fraser Trebilcock Chris Wickman/Emily Jefferson Probate & Trust Law Alexander S. Rusek Sally D. Babbitt Judicial Review: White Law, PLLC Babbitt Legal Group, PC Charlie Lawler/Alex Rusek Jessica Zimbelman April Alleman Nominating Committee: State Appellate Defender Office Crenshaw Peterson & Associates, PC Charles Barbieri Mary Bowen Real Estate Law Past Presidents: City of Lansing William D. Tomblin Charles Barbieri William D. Tomblin & Associates Emily Jefferson Section Chair Liaison: Michigan Dep’t of Attorney General Christopher Patterson Chris Wickman, Patricia Scott Fahey Schultz Burzych Rhodes, PLC Christopher Wickman Shrimp Dinner: Nichols Law Firm, PLLC Young Lawyers Robert Refior/Elias Kafantaris Theodora Eisenhut Mark J. DeLuca Ingham County Prosecutor’s Office Social Media: Steve Sians/Staff Foster Swift Collins & Smith, PC Paralegal/Legal Assistant Sponsors: Elizabeth Cary Pam Amato/Paul McCord Chartier & Nyamfukudza, PLC EXECUTIVE DIRECTOR Heidi Pierce Madelyne Lawry Fraser Trebilcock 517-627-3938 ICBA BRIEFS - May 2021 3
President’s Message Sandra Lake, THANK YOU TO OUR SPONSORS ICBA President The ICBA Sponsors and Members have been our lifeblood this year. Given that we slake480@gmail.com have not been able to host any in-person events, our Sponsors, as well as you the Members, deserve special recognition for keeping the ICBA afloat. The Board is grateful that you have chosen to stay committed to the ICBA during a time when it would be easy to back away. So to our 688 Members, as well as the following Sponsors, I say thank you: Abood Law Firm Hall Matson PLC Chalgian & Tripp Law Office PLLC Ingham County Office of the Public Defender Chartier & Nyamfukudza PLC Judicial Services Group Ltd Clark Hill Loomis Ewert Parsley Davis & Gotting PC Crenshaw Peterson & Associates Mallory Lapka Scott & Selin PLLC Fahey Schultz Burzych Rhodes PLC Murphy & Spagnuolo PC Farhat & Story PC Sinas Dramis Law Firm Foster Swift Collins & Smith PC Speaker Law Firm PLC Fraser Trebilcock White Law PLLC Grewal Law PLLC Willingham & Cote PC Despite COVID restrictions, we have been able to continue to offer our educational and social opportunities via Zoom. Our Keeping the Bench and Bar Together in 2021 series has been a huge success. Upcoming conversations with the bench include: • Hon. James Jamo, April 26 at 5:30 p.m. • Hon. Clinton Canady III, May 10 at 5:30 p.m. • Hon. Rosemarie Aquilina, May 24 at 5:30 p.m. • Hon. Wanda Stokes, June 14 at 5:30 p.m. We will also host our annual meeting virtually on May 12, 2021. Our meeting will be from 5:30 p.m. to 5:45 p.m., followed by a cocktail/mocktail demonstration by the ICBA’s very own Board member, Chris Wickman. You can register for these events, which are free of charge to Members, through the links in the ICBA email updates or by visiting our Facebook page. Lastly, I would like to share my appreciation for all of the Members who volunteer their time to head our practice area sections and the Young Lawyers Section. These sections provide truly valuable benefits to our members. Thank you for all of your efforts. Take care and best wishes, Sandra Lake 4 ICBA BRIEFS - May 2021
Being A Prosecutor By Angela DelVero for a public school district for my entire prison sentences on cases where they childhood and teenage years. were deserved. I have held the hands of victims and cried with them, when a It was this overall family attitude jury verdict just didn’t go the way we of working in a field that helps the had hoped. I have been yelled at by a community in which you live and the victim who felt I was ruining her life by people in that community that pointed prosecuting her assailant, and then years me in the right direction. It was the later, approached by that same woman sense of fulfillment from the hard work and told that I actually saved her life required of this type of job that kept me and it just took her years to realize it. adelvero@ingham.org going in that direction. I didn’t really Now, I am working to keep safe the most know about jobs that were any different vulnerable of victims, in a specialized When I’m asked what I like about growing up and as my career extended, unit prosecuting crimes against children. being a prosecutor, it is always kind of I realized that despite how difficult and I have even had the privilege of a difficult question to answer, because time-consuming these types of jobs transitioning to training law enforcement being a prosecutor was literally the only can be, to me, they are also the most and other prosecutors, which is very career I ever wanted to have, probably rewarding. rewarding, because it is important to from about the time I was ten years recognize that if you want people to old. I never actually pictured myself What I love about being a prosecutor make good decisions, you have to give having any other job. Despite having is that you really do have the ability, them the training to make them. Lastly, this feeling of a sort of inevitability in a very direct and observable way, to perhaps some of my most satisfying when I started at the Livingston County engage in actions that do actually have work as a prosecutor has been my time Prosecutor’s Office, throughout my an impact on the community and public assigned to specialty courts, such as years as an Assistant Prosecutor, I have safety. The hundreds of decisions that we drug treatment and mental health courts, really come to comprehend more fully make in any given day, whether they be where, working on a collaborative, what it is about being a prosecutor that I, relating to reviewing evidence, advising multi-disciplinary team, I was able perhaps in my younger years, just sort of or training law enforcement, charging to observe meaningful life-changing “felt” instinctually. cases, litigating cases or speaking with work being done by people, who were victims and witnesses, should, if done dedicated to leaving behind their lives We had what one could characterize right, protect the public and help at-risk as defendants and transitioning into as a family tradition of public service. populations; both victims and defendants productive, law-abiding citizens. The idea that this service would be alike. Prosecutors have the power to not in the form of being a prosecutor only protect victims and the community Yes, the job is hard, and often being wasn’t entirely a surprise, given that at large, but we also have the ability to the voice of negative consequences both my Dad and one of my uncles engage in policy and decision making doesn’t always make you popular. were prosecutors, and our dinner that can reduce recidivism, thereby And sometimes, what you see that conversations and extended family addressing the needs of individuals who people are willing to do to each other get-togethers were full of stories about commit crimes as well. is heartbreaking. But, with all the lows interesting, sad or exciting cases. that can come from this type of work, However, my Dad and uncle weren’t In my career, I have been fortunate the highs are often that much more the only two people in my family that enough to be able to achieve the above meaningful. And even after all these were employed in the public sector. I objectives in many ways that have made years, ten year old Angela still wouldn’t had multiple relatives who were public school teachers and my Mom was a me proud and humbled to serve two different communities. I have handled have it any other way. student assistance program coordinator serious cases and received lengthy ICBA BRIEFS - May 2021 5
Diversity By Amanda O’Boyle seems almost contradictory given the FOIA, CITA or any other four-letter average age of a lawyer is 47.5 years.2 acronym . . . all in a single day. It is This group consistently uses a team vital to the success of the office to have approach to legal problems, overcoming the ability to consult with your fellow the stereotype that wisdom is only prosecutors without facing judgment or possessed by those with more years. criticism. Even in the era of COVID-19, The team works through complex legal our office stays in constant contact, even questions, discusses pros and cons, and if only to listen to a gripe. does group research. Amanda.O’Boyle@lansingmi.gov While there is certainly room to Diversity must include more than grow, and all should be conscious of Diversity is a term that is often thrown physical characteristics; it must complacency, the Lansing City Attorney around in the workplace to connote the include diversity of thought, which is prosecutors rebuke the statistics about impression of acceptance and inclusion, created through different backgrounds, what a law practice should look like and but rarely is it seen in practice. Even experience, and culture. This small how it should act. These attorneys hail rarer is it seen in a law practice. It is group of accomplished attorneys came from nearby Flint, Chicago, or as far as well known that women, particularly to the Office of the City Attorney from Arizona, but it is clear that Lansing is a women of color, continue to have both the private and public sectors; home away from home and a great place less representation in the practice of prosecution and defense backgrounds; to work. law despite increasing numbers in criminal and civil practice; and range Endnotes law school.1 At 80% women and 20% in practice from four years to well over 1. Norwood, Kimberly Jade, Gender Bias as the Norm people of color, attorneys Greg Venker, a decade. All of these attributes bring a in the Legal Profession: It’s Still a [White] Man’s Amanda O’Boyle, Lisa Hagen, Mary unique perspective when addressing the Game, 62 WAUJLP 25 (2020). Women make up approximately 37% of all lawyers in 2020 and Bowen, and Heather Sumner who needs of the City of Lansing. Municipal people of color comprised just 5% of all lawyers in comprise the prosecuting attorneys for law is marked by its incredible plethora 2020. American Bar Association, ABA Profile of the the City of Lansing Office of the City of practice areas. It is not uncommon to Legal Profession 2020, https://www.americanbar. org/content/dam/aba/administrative/news/2020/07/ Attorney demonstrate how diversity start your day with criminal prosecution, potlp2020.pdf. can and should work in a law practice. then move on to a civil hearing, then 2. American Bar Association, ABA Profile of the These attorneys come from a variety to act as legal advisor on zoning laws Legal Profession 2020, https://www.americanbar. org/content/dam/aba/administrative/news/2020/07/ of backgrounds and experiences that at a public meeting, then advise as to potlp2020.pdf. contribute to the wealth of knowledge in constitutional issues for police, and then the office. This young team of attorneys review a lawsuit addressing MEPA, 6 ICBA BRIEFS - May 2021
City of Lansing Prosecutors Are Working to Clean Up the Streets, Literally By Heather Sumner Enforcement of property and building an agreement cannot be reached, or code violations is one of the more in cases where the defendant does not unique challenges that City prosecutors appear, a hearing is generally needed. face. There are a number of situations where the only way to bring the At the hearing, Prosecutors have the property, or building, up to code is by opportunity to show the Judge photos seeking court-ordered compliance. For of the offending property and to elicit instance, the trash and debris is behind testimony from the Code Enforcement a fence. The goal with Court-ordered officer(s). If the City meets its burden, heather.sumner@lansingmi.gov compliance tickets is not to simply seek the District Court will order compliance. a fine, but to actually bring the property, Compliance may include removal of The Office of the City Attorney (OCA) or building, into compliance with local tires, mattresses, junk, and disabled is responsible for prosecuting all City law. This practice has successfully made vehicles, all at the expense of the Ordinance violations, including traffic both neighborhoods and commercial property owner. The City has been and code violations. Meaning, City corridors a cleaner and safer place. working to bring not only individual docket days run the gamut from minor properties, but entire apartment civil infractions, such as speeding, to At the time of pretrial, Prosecutors complexes up to code using this process. more serious crimes, such as Assault typically work towards a stipulated In 2021 alone the City has successfully & Battery, Discharging a Weapon, or order wherein the defendant agrees to pursued court-ordered compliance for 18 Driving while Intoxicated. It might remedy the issue before a specific date, properties. Hopefully, as a result of this also mean that they are dealing with a or face fines and the cost of a third-party process, the Capitol City will continue to property, or building, that has run afoul remediation. Of course, each situation experience cleaner, safer neighborhoods. of local law. requires its own considerations. Where ICBA BRIEFS - May 2021 7
Q &A Elizabeth Allen pa_allen@ingham.org Andrea M. Christensen-Brown ICBA Currently serves as a Senior Attorney Meet the What advice if any do you have for in Michigan Attorney General Dana others in the practice? Nessel’s Criminal Trials and Appeals As was always told to me by Judge Division. She joined the Department Ingham Draganchuk, remember that your job of the Michigan Attorney General in is to represent the People and it’s the 2008 and has solely focused on federal highest honor. You’re the only one in habeas litigation since 2009. Andrea County the courtroom who gets to stand up and litigates complex federal habeas matters say “I represent the People of the State in Michigan’s federal district courts and of Michigan.” the United States Court of Appeals for Prosecutor’s the Sixth Circuit. She has argued in the What did you like about your area of Sixth Circuit Court of Appeals more the practice of law (including the types than 30 times and has also appeared Office of cases that you prosecute)? as co-counsel with former Michigan Serving the community, and that Solicitor General John J. Bursch in a includes victims and defendants. Our habeas matter that was argued in the office works hard to achieve an outcome United States Supreme Court in April that provides justice for a victim, but 2013, Lancaster v. Burt, 569 U.S. 351 also will help the defendant, either (2013). The case resulted in a 9–0 through services or specialty courts. opinion authored by former Justice Ruth Bader Ginsburg. What is your typical day like? Court days (and preparing for them) are Andrea regularly participates as a long and often take most of the day, but lecturer in training involving federal much of the day is also spent analyzing habeas practice sponsored by the cases – from pre-charging to determine Prosecuting Attorneys Association if we are going to charge a case, to of Michigan as well as the National reviewing cases assigned to me for plea Attorneys General Training and offers or trial strategy, to preparing to Research Institute (NAGTRI). She sentencing hearings. There is also a received her bachelor’s degree from the lot of time spent in communication – University of Michigan (2002, Political with victims, defense attorneys, police Science) and her law degree from officers, courts, fellow APAs, discussing Michigan State University College of cases, strategizing, and negotiating. Law (2007, JD). What are your favorite non-legal things (some call these “pastimes”) to do? Working off the stress with a good run. 8 ICBA BRIEFS - May 2021
investigation for that charge. When that happens, I just smile to myself because I remember doing the same thing in another life. I recently moved to Bath Township and since I now live on a golf course, I suppose I need to learn how to do that. Anyone give lessons? When I’m not Teddy Eisenhut, Ben Hall working, I officiate college basketball Ingham County Prosecutor’s Office, bhall@ingham.org and high school football. I started taking flying lessons toward getting my private Crimes Against Children Unit pilot’s license. I also recently became a teisenhut@ingham.org I became a Marine in 2004 where I served as a military police officer licensed real estate agent—as if I didn’t and deployed once to Iraq. While on have enough going on! What advice if any do you have for active duty, I earned my bachelor’s others in the practice? degree in 2 years and completed most It is always worth taking the extra step. of my master’s degree prior to getting And then take another. out in 2009. After I got out of the Marine Corps, I worked for Children’s What did you like about your area of Protective Services for a few years the practice of law (including the types before going into law enforcement full of cases that you prosecute)? time. Not too long after I finished my I learn something new every day and master’s degree, I decided I would go usually from unexpected places. Being to law school part time while I was still an attorney, especially a prosecutor, is working full time at a police department probably one of the most intellectually in the Battle Creek area. While in stimulating and exciting jobs you can law school, I interned at the House have. However, working primarily of Representatives Policy Office, the with children, many of whom have Governor’s Legislative Affairs Office, experienced trauma, is in a way the most and spent 12 months as a clerk for rewarding. Their resilience is inspiring two judges on the 6th Circuit Court of and makes me grateful. Appeals. What is your typical day like? I have worked for the ICPO since One of the best and maybe most August 2019 and it is my first job since challenging parts about this job is that graduating from MSU College of Law. no day ever looks the same. I’m not sure Coming to ICPO was a natural transition there is ever a typical day in criminal after spending nearly 10 years in law practice. enforcement. It’s been interesting coming from the perspective of being What are your favorite non-legal things a police officer and now doing some of (some call these “pastimes”) to do? the very same things that I (and many I love the outdoors and most activities other officers) would complain about that you can do in them. Pre-pandemic, when I was on the road—the difference this involved visiting new, faraway is I understand why it happens now. places. This spring I had planned to I’m currently assigned to the screening backpack the Kerry Way, but things are unit and occasionally get to field the looking a little more local now. Luckily, calls from officers who are upset that I we live in a state that presents plenty of denied this charge, or requested more opportunities to get outside. ICBA BRIEFS - May 2021 9
Erin Housefield ehousefield@ingham.org Where you practice and any particular area of the criminal law? I am currently assigned to the Honorable Kristen D. Simmons, 54A District Court What advice if any do you have for others in the practice? Jennifer Lawton-Pace Nicole Matusko, Find an area of practice that you enjoy, jlawton-pace@ingham.org District Court Unit Chief even if it means changing throughout pa_matusko@ingham.org your legal career. I left law school What advice if any do you have for intending to practice something entirely others in the practice? What advice if any do you have for different and stumbled into prosecution The types of law one can practice are others in the practice? through a law clerk job. I found I so varied; not everyone is suited for Prosecution is an exciting, ever- absolutely love it even though I never every area of practice. Find the area that changing, career. It is hard work that planned for it. Also, consider finding a interests you the most and focus on that. requires more than just working the mentor (or two) and take advantage of traditional government 8am - 5pm. every opportunity you can to shadow What did you like about your area of Often we sacrifice sleep and free time someone in your area or another. the practice of law (including the types to prepare cases for court and support of cases that you prosecute)? victims. In the end, the sleepless nights What is your typical day like? I love practicing criminal law in general. and hard work have been worth it as The thing about prosecution is there Domestic violence cases and ensuring there will forever be those cases and is no typical day. My docket is a victims’ safety are especially important survivors that have changed my outlook combination of misdemeanors and to me. I also love working with our on life and our community for the better. felonies. My day may include appearing Mental Health Court. Focusing on an in court or preparing for a hearing. individual’s underlying issues is the key What did you like about your area of But it also includes screening cases to reformation and reducing recidivism. the practice of law (including the types for charges, speaking with witnesses I love seeing the progress an individual of cases that you prosecute)? and victims, reviewing search warrant in that program can make. The variety of cases allows me to be affidavits, and reviewing statutes and balanced in my work. As the District keeping up with legal changes. What is your typical day like? Court Unit Chief, I am able to handle It depends on the day. Some days are a variety of cases including sexual spent with a full court docket (which is assaults, crimes against children, and now held via zoom). Non-court days are gun violence. I am also currently the spent prepping/reviewing pending cases, liaison to our many treatment courts. issuing new cases, drafting motions/ On any given week, I will prosecute briefs, and sending lots of emails. someone who has sexually assaulted a What are your favorite non-legal things minor child where I strive to hold the defendant accountable and give the child (some call these “pastimes”) to do? a voice against his/her abuser. That same Spending time with family, spending week, I will prosecute someone that has time outdoors. been charged with a handful of theft offense that needs referrals for treatment and encouragement to take steps towards recovery. I enjoy the variety and the opportunity to support and better my community as a whole. 10 ICBA BRIEFS - May 2021
What is your typical day like? There is no “typical day” at a prosecutor’s office. The absolute only standard protocol around here is the need and desire for coffee in abundance. My current favorite is Blue Owl however I am looking forward to the return of the coffee cart that was always in front of 54A District Court. Dennis J. Pheney, Jr., Sarah Pulda What are your favorite non-legal things Assistant Attorney General spulda@ingham.org (some call these “pastimes”) to do? ehousefield@ingham.org My favorite non-legal things to do Where you practice and any particular including playing tag or having kitchen Dennis J. Pheney, Jr. graduated from area of the criminal law: Currently dance parties with my three small Albion College in 1989 and Wayne assigned to Adult CSC cases, though I children, gardening, and relaxing on State University Law School in 1993. do serve as the Unit Chief of the Child our deck. Prior to filling my time with He began working as a prosecutor in Abuse/CSC and Intimate Partner Violence family, when I had more free time, I the Alpena County Prosecutor’s Office Units. Other areas of Law practiced (or used to enjoy a friendly line dance at the as an Assistant Prosecuting Attorney are continuing to practice for municipal old Whiskey Barrel or volunteering with in 1994 and served in that capacity lawyers): I have done a bit of everything the youth of my church. until 1997 when he joined the ranks in the office. I have served in the District as an APA in the Kalamazoo County Courts, Circuit Courts, Family Courts, as Prosecutor’s Office. Mr. Pheney worked well as Tri-County Metro Narcotics. in Kalamazoo until 2008 when he was What advice if any do you have for others hired into the Criminal Division of in the practice? the Michigan Department of Attorney Always ask questions – we were all new General. In 2010, Mr. Pheney was attorneys at one time, and asking questions transferred to the Health Care Fraud is a way to learn from others who have Division where he presently serves as a been in your shoes. Senior Attorney Specialist. What did you like about your area of the Across his 27-years as a prosecutor, practice of law (including the types of Mr. Pheney has handled violent cases that you prosecute)? felonies (including homicides), white- I have been in prosecution for the past 12 collar financial fraud, as well as cases years, and not a day goes by that I don’t involving the abuse and neglect of learn something new. I also really enjoy the vulnerable adults. His work has also people I work with on a daily basis – on the involved occasional appellate cases. prosecution side and the defense side. What is your typical day like? Busy – being a Unit Chief reminds me that I no longer work on only my cases, but must be available for consult on any cases associated within my units. What are your favorite non-legal things (some call these “pastimes”) to do? I am a do-it-yourselfer. I always have a big project going at my house. It allows me to block out anything attorney-related and focus on just the project in front of me. ICBA BRIEFS - May 2021 11
Jessica Shah as they were in previously, but we do jshah@ingham.org get to listen to their story, validate their experience, and try to bring closure What advice if any do you have for to a really hard part of their life. We others in the practice? also can connect them with incredible Work can get stressful at times but resources like CARE, EVE, Small Talk, don’t let it consume you. It’s important Lansing Women’s Center, Firecracker, to find a work-life balance, otherwise etc. who can fill spaces that we cannot you might burn out pretty quickly. Take as the Prosecutor’s Office. Experiencing mental health breaks. Talk to people. I’m Melanie L. Smith the resiliency and ability of people, fortunate enough to work in a supportive msmith3@ingham.org especially children, to forgive brings environment where everyone in the renewed hope to very difficult cases and office is willing to talk, listen, answer Where you practice and any particular subject matter. questions, and give advice. area of the criminal law: Criminal law – specifically crimes What is your typical day like? What did you like about your area against children and neglect/abuse cases. I think like most professionals in 2021, a of the practice of law (including the Previously 54A District Court and 30th huge portion of my day is spent reading types of cases that you prosecute)? Circuit Juvenile Division. and responding to emails. Most days I I like the satisfaction of doing the spend at least an hour or two screening right thing. Regardless of the type What advice if any do you have for warrant requests for possible charging. of case (complex, straightforward, others in the practice? This includes watching forensic misdemeanor, felony), the end goal is After a little less than four years in interview recordings, reading police and always the same – being just and doing this area, I have already experienced other reports, and often times requesting what’s fair for everyone involved. the phenomena of burn out. I would supplemental discovery. Depending on encourage all lawyers, regardless of which assignment an APA is in, typical What is your typical day like? area/specialty, to practice self-care days would also include being on the Not all days are alike. That’s one of and have a safe person to check-in record for some or all of it, though now the things I like about this career. When with often. COVID, with all of its days it is usually Zoom from home. I’m in the office, I could be reviewing very negative aspects, did allow me For example, as a District Court or warrant requests, meeting with the chance to re-engage in a couple of Family Court APA, I would be on the victims or witnesses (virtually now), hobbies that I had let go of between the record 3-4 days a week, 4-6 hours a day. preparing for court, or researching and demands law school and practice, which Now, being assigned to felony crimes writing. When I’m in court, I could be has decreased stress and anxiety. I have against children, I would usually only taking testimony, arguing motions, or also become more aware of the concept be in court 1-2 days a week, 2-3 hours negotiating pleas. of “secondary trauma” and what it looks at a time. There is a lot more work like; I would highly recommend folks behind the scenes on these cases than a What are your favorite non-legal learn more about how it can affect their misdemeanor District Court docket, for things (some call these “pastimes”) to lives, and strategies to prevent against example. do? that. Pre-COVID, I enjoyed getting together What are your favorite non-legal things with friends and family and going out What did you like about your area of (some call these “pastimes”) to do? to eat. These days it’s mostly watching the practice of law (including the types I love to garden; I am starting about 15 TV and trying to go for walks when the of cases that you prosecute)? varieties of flowers and vegetables from weather is nice. I love the ability to connect with people seeds this year. I also love to read and from my community who are in need try to rotate in professional and personal of support. Very rarely do we get the topics of interest. I’m currently reading opportunity in criminal law to bring “Interviewing Children” by Dr. Poole the victim back to the “same” position and “Dear Daughter” by Elizabeth Little. 12 ICBA BRIEFS - May 2021
Unconscious Bias in Jurors Are We Doing Enough? By Marisa Vinsky Further, there has been a significant amount of research done on unconscious Kristen Stinedurf bias. Studies on implicit social cognition show that the mental processes that affect social judgments can operate Kristen Stinedurf is the First Assistant without conscious awareness or Attorney General in the Financial conscious control.6 Implicit bias Crimes Division of the Michigan testing measures, such as the Implicit Department of the Attorney General. Association Test, predict certain types Kristen prosecutes complex white- of behavior—like anti-Black and collar crimes, including those involving Marisa Vinsky intergroup discrimination—substantially elder financial exploitation, insurance marisa@cndefenders.com better than explicit bias measures.7 fraud, and tax fraud. Kristen is an active Not only do jurors have implicit biases member of the Michigan Elder Abuse towards defendants, but this also spreads Task force. She currently chairs the One of the most fundamental rights guaranteed by the United States to the evaluation of witnesses and Multicultural Inclusion Subcommittee evidence.8 This implicit bias can cause and the Financial Exploitation Constitution is the due process of law.1 This encompasses the basic requirement jurors to misremember facts in racially Prevention Act Implementation biased ways, affect whether there really Subcommittee of the Task Force, and of having a fair trial in front of a fair tribunal.2 With this requirement comes is a presumption of innocence, and previously traveled with the Attorney even affect how the jury perceives an General to several listening and speaking a longstanding history of procedural safeguards in order to ensure the expert witness who is a person of color.9 tour stops. Before coming to the Psychologists believe that a conscious Department of Attorney General, Kristen fairest trial a person can possibly have, specifically when it comes to juries. The effort to be unbiased may reduce a served as an assistant prosecuting person’s implicit bias.10 attorney in Ionia County for 8 important case of Batson v Kentucky3 is years. Kristen graduated from Michigan just one example of the strides made by courts to uphold due process. Unconscious bias is a concept that State University College of Law. many people acknowledge but do not Even when jury selection falls in necessarily know how to address. A accordance with these safeguards, bias 2020 study revealed that a majority of still permeates the criminal justice judges do not notify jurors about implicit system, whether it is actual or implied. bias due to their own lack of awareness While it certainly should be addressed or understanding, but now believe it is during voir dire, many individuals important to alert jurors to this issue.11 are reluctant to express their true Federal courts are on the forefront of feelings and admit actual bias. Where openly talking to and teaching jurors circumstances raise questions as to a about this. Established in 2017, a juror’s impartiality, “little stock need committee of judges and attorneys for be placed in jurors’ claims” that they the United States District Court for the will not be prejudiced.4 Jurors are not Western District of Washington created necessarily fully conscious of what will an instructional video to present to affect their attitude and how things will jurors “with the intent of highlighting affect their attitude towards the accused.5 and combating the problems presented by unconscious bias.”12 This 11-minute ICBA BRIEFS - May 2021 13
video is shown in every case. Along judgments and to reflect carefully to allowing the viewing of this type of with the video, the committee modified about the evidence. I caution you video. In the meantime, as attorneys, several Model Ninth Circuit Criminal again to avoid reaching conclusions we need to consider whether we are Jury Instructions to include language that may have been unintentionally doing our clients a disservice by not on unconscious bias for the court to influenced by stereotypes. You must advocating for a video on unconscious present to the jury throughout the course reach your own conclusions about this bias to be played for the jury. In courts of the trial. Following in Washington’s case individually, but you should do so where a jury instruction does not even footsteps, the United States District only after listening to and considering exist, we should be asking for a specific Court for the Northern District of the opinions of the other jurors, who jury instruction on unconscious bias. California now plays a video that may have different backgrounds and What is not seen or heard may be the includes a section on unconscious bias to perspectives from yours.14 difference between a one-word verdict potential jurors before the jury selection and a two-word verdict. process.13 This became effective on June 1, 2020. While it does not outright call the issue Endnotes 1. US Const, amend V. Compare that with what is happening unconscious bias, it attempts to address 2. In re Murchison, 349 US 133, 136; 75 S Ct 623; 99 in Michigan. The Committee on Model these concerns. The Sixth Circuit Pattern L Ed 942 (1955). Criminal Jury Instructions amended Criminal Jury Instructions, which are 3. 476 US 79; 106 S Ct 1712; 90 L Ed 2d 69 (1986). 4. Holbrook v Flynn, 475 US 560, 570; 106 S Ct 1340; Michigan Criminal Jury Instruction 2.26 used by the federal courts in Michigan, 89 L Ed 2d 525 (1986). to state the following: do not have any jury instructions on 5. Id. unconscious bias.15 6 Jerry Kang, et al., Implicit Bias in the Courtroom, It is important for you to keep an open 59 UCLA L Rev 1124, 1129 (2012). 7. Id. at 1131. mind and not make a decision about But is a jury instruction enough? 8. Anna Roberts, (Re)forming the Jury: Detection and anything in the case until you go to the Michigan is moving in the right direction Disinfection of Implicit Juror Bias, 44 Conn L Rev jury room to decide the case. by addressing the very persistent issue 827, 836 (2012). 9. Id. at 837. of unconscious bias. However, allowing 10. Id. at 835. You must not let bias, prejudice, jurors to watch a short video prepared 11. See Jacqueline M. Kirshenbaum and Monica K. or public opinion influence your specifically to discuss this hidden Miller, Judges’ experiences with mitigating jurors’ decision. Each of us may have biases implicit biases, Psychiatry, Psychology and Law problem—one that is often easier to (2020). or perceptions about other people ignore—will further promote fairness 12. https://www.wawd.uscourts.gov/jury/unconscious- based on stereotypes. We may be in our trials. It provides a solution to bias aware of some of our biases, though combat an issue that is essential to 13. https://www.cand.uscourts.gov/attorneys/ unconscious-bias-video-for-potential-jurors/ we do not express them. We may not tackle, but difficult to discuss. The hope 14. M Crim JI 2.26 be fully aware of some of our other is that eventually all courts will have a 15. https://www.ca6.uscourts.gov/pattern-jury- biases. Take the time you need to test consistent standard when it comes instructions what might be automatic or instinctive 14 ICBA BRIEFS - May 2021
ICBA SECTION NEWS ICBA-YLS Featured Young Lawyer: Courtney L. Ware Where do you work and what do you If you weren’t a lawyer, what would do there? you do? I work at Willingham & Cote’, P.C., as If I wasn’t a lawyer (and was better an Associate Attorney on the insurance at science), I would love to be in the defense team. medical field. I have always been amazed by medicine and the human Where did you go to school? body. I have a bachelor’s degree in Legal Studies from Grand Valley State Where did you grow up? University. I went to law school at I grew up in Okemos, Michigan. Michigan State University College of Law. Who is your biggest role model and why? When were you admitted to practice My biggest role models are my parents. in Michigan? My mother has taught me the importance I was admitted to practice law in of having a strong work ethic and the Courtney L. Ware Michigan in November of 2020. value of pursuing a rewarding career cware@willinghamcote.com to provide for myself, particularly as a Why did you go into the legal field? woman. My father is also a very hard C ourtney L. Ware is an associate I decided to become a lawyer when I worker and the most well-rounded, attorney at Willingham & Cote’, was 18 following a summer internship supportive, and honest person I know. P.C., and was recently admitted to the with Azin Arbab, an incredible attorney Most importantly, both treat everyone Bar of the State of Michigan. She is a from Iran. She moved to the United with respect and kindness without fail. member of the firm’s Insurance Law States to attend law school and her Group. Ms. Ware specializes in first dedication and passion for helping others What do you do in your free time? party no-fault litigation and third-party was truly an inspiration. I love to travel in my free time. Some of auto claims. She drafts answers to my favorite trips have included Costa What advice do you have for those Rica, Budapest, and Iceland. discovery requests, motions, attends considering law school? court hearings, takes depositions and Take the plunge! Once you do, surround Do you have any pets? If so, tell us handles all aspects of the litigation yourself with people that build you up about them. process. Prior to her time at Willingham and never stop networking. I am always I have a Maltese named Spencer. & Cote’, Ms. Ware was the Judicial amazed by how willing professionals Although he is nine years old, he looks Law Clerk to the Honorable Wanda M. in the legal field are to help aspiring and acts like a puppy. He loves to play Stokes of the 30th Circuit Court. lawyers and young lawyers to build a fetch—and bark! I also have a cat named successful career! Bailey. She meows incessantly and definitely knows that she runs the house. ICBA BRIEFS - May 2021 15
ICBA SECTION NEWS ICBA-YLS Featured Young Lawyer: Adam Pfeiffer Where did you go to school? Who is your biggest role model and I went to Michigan State University why? for my Criminal Justice Degree, and My biggest role model is probably Thomas M. Cooley Law School for my Earl Warren or Ruth Bader Ginsburg, JD. as cliché as it sounds for a lawyer to look up to a Supreme Court Justice. It’s When were you admitted to practice because of their commitment to the law in Michigan? and to do what they felt was right and I was admitted to practice in Michigan just under the law; win, lose, or draw. in 2019. What do you do in your free time? Why did you go into the legal field? I read legal news, spend time with my I have always had a mind built to handle wife and pets, and try my very best not precedent and statutes; I’ve known I was to catch COVID. going to be a lawyer since I was six. My goal has always been to do good with Do you have any pets? If so, tell us Adam Pfeiffer those talents. As a public servant, I can about them. apfeiffer@ingham.org accomplish that goal every day I go to We have three cats: Spock, Jackson, and work. Or, more recently, Zoom in to Ollie. Ollie is my cat, and, sat in my lap M y name is Adam Pfeiffer, I am 27 years old, and within two years of practicing law I am handling specialized work. What advice do you have for those every night that I was studying for the bar or practicing my opening statements. If he had a single brain cell to his name, felony work for Ingham County. During considering law school? he probably could have picked up law school I worked for prosecutors, Make sure you this is truly the path enough to be a decent lawyer. Sadly, he public defenders, and even the Michigan for you. Then commit to it fully, work is the dumbest animal on the planet. But Attorney General’s Office. I am married as hard as you possibly can without I couldn’t ask for a better legal study- to my lovely social worker wife Lexi, running yourself down. buddy. who has been a constant source of If you weren’t a lawyer, what would support throughout my entire legal you do? career. I have no idea. Probably teach math and Where do you work and what do you science. do there? Where did you grow up? I work for the Ingham County I grew up in Shelby Township, MI. Prosecutor’s Office, prosecuting high- lethality domestic violence felonies. 16 ICBA BRIEFS - May 2021
EDUCATIONAL EVENT YLS “Lunch & Learn” Series – Honorable Shauna Dunnings By Aylysh Gallagher event was a direct reflection of how • On May 3, 2021, from noon-1pm, valuable the discussion was thanks to Honorable Stacia Buchanan joins the Honorable Shauna Dunnings. YLS us to discuss how to avoid common sincerely appreciates the continued mistakes attorneys have when support from the Bench and we know applying the Michigan Rules of that we could not provide meaningful Evidence and Michigan Court Rules. educational events without your support. Judge Buchanan will also give us tips on preparing clients for virtual court. Thank you to everyone who participated The event will take place via zoom in our first Lunch & Learn and we hope and the Meeting ID is 523 147 3146 to “see you” for our next events in April (no password necessary, just click agallagher@ingham.org and May. “join” and enter the meeting ID). We are excited to announce our next two Please mark your calendars, join us, and On March 24, 2021, Ingham County Bar “Lunch & Learn” events coming up: spread the word. No RSVPs required. Association’s Young Lawyers Section We hope to see you there. hosted our first “Lunch & Learn Series” • On April 28, 2021, from noon- educational event. We had a great 1pm, Administrative Law Judge For any questions or suggestions, showing of over 50 attorneys tuning in Carmen Fahie will explain her regarding future YLS educational events, and learning from Honorable Shauna role as an ALJ, and discuss the contact Aylysh Gallagher at agallagher@ Dunnings. intersection and differences of ingham.org. administrative, circuit, and district YLS is extremely grateful to the Judge court cases. The event will take place Dunnings who volunteered her time to via zoom and the Meeting ID is 523 discuss Probate Law and give us her 147 3146 (no password necessary, “Top Ten Tips” for attorneys. There is just click “join” and enter the no doubt that the stellar turnout for the meeting ID). ICBA BRIEFS - May 2021 17
Yoga for a Cause By Aylysh Gallagher agallagher@ingham.org On International Women’s Day, March 8, 2021, the Ingham County Bar Association’s Young Lawyers Section (ICBA-YLS) and the Women Lawyers Association of Michigan, Mid-Michigan (WLAM) teamed up to raise money for a great cause. The event The Women’s Center is a valuable instructor for was a success raising over $500 for the resource in our community that Salon 6 Yoga Women’s Center of Greater Lansing. It provides services to women of all at 318 W Main was a memorable opportunity for local intersectionalities. The Women’s St. Ionia, MI attorneys to relax and unwind after work Center supports women in a variety of 48846. For more together, while also supporting ways including economically, socially, information or to our community. emotionally, and physically. For more sign up for a class information, including how to donate, you can contact please visit their website: http://www. Salon 6 Yoga at womenscenterofgreaterlansing.org/. 616-522-9870. They are truly doing remarkable work Additionally, within our community. Monday evenings, you can find Tara teaching A big thank you to our incredible classes closer to home in Holt, Michigan yoga instructor, Tara Brandman, who at Ardha Moon Yoga. volunteered her time so that all of the money went directly to the Yoga for a Cause allowed us to safely Women’s Center. Tara had connect, raise money, and wind down. the challenging task of Thank you to everyone who made this getting a group of lawyers event a success. to collectively “unwind” and relax after a long day. Tara is currently working as a yoga 18 ICBA BRIEFS - May 2021
ICBA BRIEFS July 2020-June 2021 Committee appoints Associate Editors for the new fiscal year January July September Deadline: December 15th Deadline: June 15th Deadline: August 15th Theme: State Appellate Theme: Power Couples Theme: County Judicial Clerks Defenders Offices Associate Editors: Associate Editor: Associate Editors: Dakota Larson Larisa Zubac Tina Olson Phone: 623.210.2232 Phone: 517.483.6500 Phone: 517.334.6069 Email: dakota.a.larson@gmail.com Email: lzubac@ingham.org Email: tolson@sado.org Jessica Zimbleman Fred Baker Email:jzimbelman@sado.org Phone: 517.318.6190 Email: fmbjrpllc@outlook.com May Deadline: April 15th Theme: Prosecutors Associate Editor: Mike Nichols Phone: 517.432.9000 Fax: 517.203-4448 Email: mnichols@nicholslaw.net 20 ICBA BRIEFS - May 2021
Press Release W. Alan Wilk Appointed Leader Contact: Timothy Trunzo, Dykema, 313-568-5333, ttrunzo@dykema.com of Dykema’s Government Policy & Practice Group FOR IMMEDIATE RELEASE In his practice, Wilk focuses on election, campaign volunteer for Gubernatorial, campaign finance and lobby law Congressional, State Senate, State compliance matters. He also focuses Representative and various local on public retirement and health care races. He has served as counsel for projects, and for the last 25 years has Gubernatorial, Secretary of State and developed vast experience drafting Attorney General political funds. Wilk and implementing several innovative currently represents political funds retirement programs for large public for several state elected officials and retirement systems. has been involved in several election litigation cases, as well as regulatory Additionally, as a member of the matters concerning political parties, firm’s Nonprofit and Tax-Exempt PACs, candidates and numerous ballot W. Alan Wilk Organizations practice, Wilk has question campaigns. incorporated hundreds of nonprofit entities, including charities, civic Wilk earned his J.D. from Boston Lansing – April 1, 2021 – Dykema, a organizations, trade associations, and College, and a B.A., with honors, from leading national law firm, announced political groups. He regularly advises James Madison College at Michigan today that Lansing-based Member these organizations on a wide range State University. W. Alan Wilk has been appointed as of issues, including corporate, tax and Practice Group Leader of the firm’s regulatory matters. Wilk has coordinated About Dykema Government Policy & Practice Group. and conducted internal investigations Dykema serves business entities Wilk steps into this leadership position regarding potential civil and criminal worldwide on a wide range of complex already serving as Leader of Dykema’s activity for nonprofit and education legal issues. Dykema lawyers and other Political Compliance Team and Co- clients. professionals in 13 U.S. offices work Leader of the firm’s Public Retirement in close partnership with clients – from Team. Wilk has been involved in politics start-ups to Fortune 100 companies – to since 1984. Before passing the deliver outstanding results, unparalleled Michigan Bar, he served as campaign service and exceptional value in every manager, co-campaign manager or engagement. ICBA BRIEFS - May 2021 21
Press Release Dykema Selects Jarrod T. Smith Contact: Timothy Trunzo, Dykema, 313-568-5333, ttrunzo@dykema.com to Lead Its Public Finance Practice Group FOR IMMEDIATE RELEASE the Detroit Downtown Development Prior to joining Dykema, Smith was Authority and the City of Lansing. Smith an Assistant Attorney General with also frequently serves as underwriter’s the Michigan Department of Attorney or bank counsel to numerous national General for more than a decade. During underwriting and financial institutions. that time, he acted as issuer’s counsel Smith’s experience includes some to the State of Michigan and its various of the most complex public finance authorities for numerous transactions transactions in Michigan over the past representing billions of dollars in public several years—including the $3 billion finance transactions. Unemployment Obligation Assessment Revenue Bonds transaction, and a $288+ Smith earned a J.D., cum laude, and a million transaction that funded the B.S. from Michigan State University. Jarrod T. Smith completion of a large county criminal Dykema’s Public Finance Practice justice complex, each of which received Group has served as bond counsel, “Deals of the Year” recognition by The Lansing – April 7, 2021 – Dykema, a underwriter’s counsel, purchaser’s Bond Buyer. leading national law firm, announced counsel or issuer’s counsel on more today that Lansing-based Member Jarrod Smith also provided counsel for various than 230 transactions with a par value in Smith has been selected as Leader of the transactions involving the construction excess of $18 billion over the last five firm’s Public Finance Practice Group. of Little Caesar’s Arena, home to years. 2020 was one of the highest years the Detroit Red Wings and Detroit ever in terms of volume for the group. Smith has more than 16 years of Pistons. He also was a key player in experience in public finance. In his About Dykema the Michigan Finance Authority’s practice, he serves as bond counsel to Dykema serves business entities refunding bond transaction to restructure the State of Michigan, the Michigan worldwide on a wide range of complex and fix out the debt of the Detroit Department of Treasury, the Michigan legal issues. Dykema lawyers and other Public Schools and he assisted in the Department of Transportation, the professionals in 13 U.S. offices work State’s restructuring of its School Bond State Building Authority, the Michigan in close partnership with clients – from Qualification and Loan Fund program Finance Authority, the Michigan start-ups to Fortune 100 companies – to through the creation of a School Loan Strategic Fund, and the Michigan State deliver outstanding results, unparalleled Revolving Fund program. Housing Development Authority, as well service and exceptional value in every as various municipal clients including engagement. 22 ICBA BRIEFS - May 2021
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