Comments sought on proposal to eliminate court’s divisional line
The Eastern District of Michigan is separated into a Northern and Southern Division with five separate places of holding court. Bay City is the only place of holding court in the Northern Division and has only one district judge assigned to sit at that location. For some time now, the court has been studying two important issues that are directly related to the Northern Division’s current configuration. As there is only one district judge assigned to the Northern Division, and that judge receives all civil and criminal cases assigned there, the possibility of forum shopping exists. The second issue is that the Northern Division civil and criminal caseloads have been consistently higher for the assigned district judge as compared to his counterparts in the Southern Division.
Judge David M. Lawson was assigned to Bay City for six years and Judge Thomas L. Ludington is currently sitting there. Given their direct experience with the noted issues, Chief Judge Rosen asked Judges Lawson and Ludington to work as an ad hoc committee to research ways in which these two problems might be resolved. Following considerable study, Judges Lawson and Ludington recommended to the Bench a proposal to eliminate the North/South divisional boundary line altogether. Doing so would provide the court with maximum flexibility in balancing the caseload in the district and eliminating opportunities for judge shopping. The Bench agreed to consider the proposal.
No firm plan has been approved by the Bench to adjust the way civil and criminal cases are assigned throughout the region. The members of the Bench believe it is important to obtain input from those who may be affected by reorganizing our court divisions before a concrete plan is proposed.
To be successful, the proposal will require approvals from both the Sixth Circuit Judicial Council and the Judicial Conference of the United States. Ultimately, Congress would have to approve an amendment to 28 U.S.C. § 102. This is the statute that establishes the two divisions within the Eastern District and lists the names of counties included within each division
The next step is to obtain input from the various stakeholders that may be affected by this proposal. At a recent meeting, the proposal was discussed with representatives of the U.S. Attorneys Office, Federal Defenders Office and other Court-related offices and agencies. Federal Bar Association President Elect Michael Riordan was also in attendance. The Court would now like to obtain additional input regarding the proposal from the Bar. Specifically, how the proposed changes may affect your practice with regard to travel, impact on clients, etc.
The proposal and related materials have been posted on the FBA website at: www.fbamich.org/Documents/Proposal_to_Eliminate_Divisional_Boundary_Lines.pdf.
The court invites comments on the proposal. A deadline for receiving comments has been set for close of business on March 25. Comments may be sent via email to david_weaver@mied.uscourts.gov.
Mental Health Court marks first graduation
The Third Circuit Court will hold its first Mental Health Court graduation at 1 p.m. April 1. Eighteen graduates will be given their certificate of completion in a ceremony hosted by the Legal Aid and Defenders Office and Wayne County Children and Family Services-Corrections Division.
As one of 11 pilot programs in the state, the concept of Mental Health Court is to reduce recidivism, reduce the length of stay in jail, and improve the treatment services for those with serious mental illness.
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