Columns
OCBA UPDATE: Immigrant eyes
October 01 ,2024
A few years ago, a good friend of mine introduced me to a song by Guy
Clark. My friend described him as a country singer, but as I have
listened to Guy’s catalog of music over the years, I’ve found him to be
more a folk artist and storyteller than anything else.
:
A few years ago, a good friend of mine introduced me to a song by Guy Clark. My friend described him as a country singer, but as I have listened to Guy’s catalog of music over the years, I’ve found him to be more a folk artist and storyteller than anything else.
One of Guy’s songs in particular, a song called “Immigrant Eyes,” written by Guy and Roger Murrah, hit close to home for me. It may seem strange for a country singer to focus on immigrants, but the song tells the story of Guy’s own grandfather who immigrated to America from abroad and his experience during that process. Guy begins by describing the chaos of arrival at Ellis Island:
“Oh Ellis Island was swarming
“Like a scene from a costume ball
“Decked out in the colors of Europe
“And on fire with the hope of it all
“There my father’s own father stood huddled
“With the tired and hungry and scared
“Turn-of-the-century pilgrims
“Bound by the dream that they shared”
The song hit home for me because my own grandparents, my grandfather Peter Googasian and my grandmother Lucy Chobanian, both made that same harrowing journey across the ocean before they settled here, met each other, and eventually married.
Each made the journey alone, a solo traveler in a sea of hundreds of others looking for a better life. But for their courage, I wouldn’t be here.
Their story isn’t unique, of course. Like millions of immigrants from around the world, from Mexico, Iraq, Korea, South Africa, and every other country in the world, they arrived with next to nothing — only the clothes on their backs, the brains in their heads, and the strength in their muscles and their hearts.
And when you arrive with nothing, what do you do? You work. And Guy covers that, too:
“Through this sprawling Tower of Babel
“Came a young man confused and alone
“Determined and bound for America
“Carryin’ everything that he owned
“Sometimes when I look in my grandfather’s immigrant eyes
“I see that day reflected and I can’t hold my feelings inside
“I see starting with nothin’ and working hard all of his life
“So don’t take it for granted say grandfather’s immigrant eyes”
Work. To me, that’s the immigrant way. Work. Work hard. Never stop working until you’re too old and broken to work anymore. Work hard so your children, and their children, have it better than you. So they can go to school, maybe college, maybe even law school or medical school. So those children and their children can live a life of which you could only dream. I have been the grateful beneficiary of my own ancestors’ courage and hard work.
My grandmother, my Nani, worked as a seamstress. She had been orphaned and sent to different orphanages. In one orphanage in Egypt, she sewed lace for the queen of Egypt. Once in America, she attended classes at Flint Junior College. Later she ran the family grocery store. She passed when I was 4, and my memories of her are limited. She was a warm and formidable woman, and I always felt safe and loved in her arms.
My grandfather Pete worked in the U.P. as a lumberjack and later in a copper mine. He worked on the line at Fisher Body, and at various times he owned a bar, a pool hall, a restaurant, commercial buildings (that he built quite literally by hand), and later a grocery store. Work was what they knew.
After my grandmother passed, my grandfather came to live with us. He slept in the bedroom next to mine, and for nearly five years, he was my constant friend and companion. I remember him singing songs in Armenian in his room at night. In the afternoon, he would wait for me to get off the school bus and he would ask me about my day and get us a snack. He looked after me, always. Even when I got in trouble. Especially when I got in trouble.
I am a better man for his having been in my life. And although he passed nearly a half-century ago, I still miss him.
Much as I’ve tried over the years, I’ll never be a songwriter, and I’ve found that I can’t do better than Guy Clark to describe my own feelings:
“Now he rocks and stares out the window
“But his eyes are still just as clear
“As the day he sailed through the harbor
“And come ashore on the island of tears
“My grandfather’s days are numbered
“But I won’t let his memory die
“’Cause he gave me the gift of this country
“And the look in his immigrant eyes.”
In the latest issue of LACHES dedicated to immigration, I thought I would express my appreciation, admiration, and wonder to Lucy, and to Peter, and to all the immigrants who have come
here looking for a better life and made our America a better place in the process.
And not just to those who are already here, but to those immigrants who arrive every day, making the brave choice to escape a danger at home or just yearning for greater opportunities.
This is for them, too.
————————
Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.
One of Guy’s songs in particular, a song called “Immigrant Eyes,” written by Guy and Roger Murrah, hit close to home for me. It may seem strange for a country singer to focus on immigrants, but the song tells the story of Guy’s own grandfather who immigrated to America from abroad and his experience during that process. Guy begins by describing the chaos of arrival at Ellis Island:
“Oh Ellis Island was swarming
“Like a scene from a costume ball
“Decked out in the colors of Europe
“And on fire with the hope of it all
“There my father’s own father stood huddled
“With the tired and hungry and scared
“Turn-of-the-century pilgrims
“Bound by the dream that they shared”
The song hit home for me because my own grandparents, my grandfather Peter Googasian and my grandmother Lucy Chobanian, both made that same harrowing journey across the ocean before they settled here, met each other, and eventually married.
Each made the journey alone, a solo traveler in a sea of hundreds of others looking for a better life. But for their courage, I wouldn’t be here.
Their story isn’t unique, of course. Like millions of immigrants from around the world, from Mexico, Iraq, Korea, South Africa, and every other country in the world, they arrived with next to nothing — only the clothes on their backs, the brains in their heads, and the strength in their muscles and their hearts.
And when you arrive with nothing, what do you do? You work. And Guy covers that, too:
“Through this sprawling Tower of Babel
“Came a young man confused and alone
“Determined and bound for America
“Carryin’ everything that he owned
“Sometimes when I look in my grandfather’s immigrant eyes
“I see that day reflected and I can’t hold my feelings inside
“I see starting with nothin’ and working hard all of his life
“So don’t take it for granted say grandfather’s immigrant eyes”
Work. To me, that’s the immigrant way. Work. Work hard. Never stop working until you’re too old and broken to work anymore. Work hard so your children, and their children, have it better than you. So they can go to school, maybe college, maybe even law school or medical school. So those children and their children can live a life of which you could only dream. I have been the grateful beneficiary of my own ancestors’ courage and hard work.
My grandmother, my Nani, worked as a seamstress. She had been orphaned and sent to different orphanages. In one orphanage in Egypt, she sewed lace for the queen of Egypt. Once in America, she attended classes at Flint Junior College. Later she ran the family grocery store. She passed when I was 4, and my memories of her are limited. She was a warm and formidable woman, and I always felt safe and loved in her arms.
My grandfather Pete worked in the U.P. as a lumberjack and later in a copper mine. He worked on the line at Fisher Body, and at various times he owned a bar, a pool hall, a restaurant, commercial buildings (that he built quite literally by hand), and later a grocery store. Work was what they knew.
After my grandmother passed, my grandfather came to live with us. He slept in the bedroom next to mine, and for nearly five years, he was my constant friend and companion. I remember him singing songs in Armenian in his room at night. In the afternoon, he would wait for me to get off the school bus and he would ask me about my day and get us a snack. He looked after me, always. Even when I got in trouble. Especially when I got in trouble.
I am a better man for his having been in my life. And although he passed nearly a half-century ago, I still miss him.
Much as I’ve tried over the years, I’ll never be a songwriter, and I’ve found that I can’t do better than Guy Clark to describe my own feelings:
“Now he rocks and stares out the window
“But his eyes are still just as clear
“As the day he sailed through the harbor
“And come ashore on the island of tears
“My grandfather’s days are numbered
“But I won’t let his memory die
“’Cause he gave me the gift of this country
“And the look in his immigrant eyes.”
In the latest issue of LACHES dedicated to immigration, I thought I would express my appreciation, admiration, and wonder to Lucy, and to Peter, and to all the immigrants who have come
here looking for a better life and made our America a better place in the process.
And not just to those who are already here, but to those immigrants who arrive every day, making the brave choice to escape a danger at home or just yearning for greater opportunities.
This is for them, too.
————————
Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.
COUNSELOR’S CORNER: Peace results when we let go of the blame and feel the pain
October 01 ,2024
So often it becomes easy to blame someone for our pain and our fear.
Everyone has emotional pain. But so often we want to avoid this pain
and blame someone else for our pain.
:
So often it becomes easy to blame someone for our pain and our fear. Everyone has emotional pain. But so often we want to avoid this pain and blame someone else for our pain. We can become angry with how someone has bluntly talked to us. We can blame a spouse for becoming upset with us. We can blame parents for how they may have spoken to us in our childhood. But blaming others or circumstances for our pain is never helpful. It stops us from feeling our pain so we can heal. It is never what has happened to us that keeps us stifled and emotionally and spiritually in a prison of self-absorption, resentment or anger. We use anger and resentments and blame as a way of avoiding healing. I need to feel my pain so I can heal.
When I accept my emotional and even physical pain and not blame others for this, I starting healing and I get to a deeper and more peaceful level within myself. The honest embrace of pain becomes an opening of my heart and mind to healing and to an experience of God.
Anger, blame and criticism of others in my life will never bring me internal peace. It puts me into an emotional prison of anger and feeling sorry for myself. That never works. But when I embrace the pain, I am feeling I begin to see such positive and good things about life and about other people.
Last week I took a group of people who had lost their spouses in the last year through a meditation. They sat quiet and receptive and found themselves going much deeper into themselves as the embraced the pain of the loss of their loved one. Instead of running away from their loss, they embraced their loss and started feeling peace. The more I open up to the pain in my life, the more I will discover an inner peace even with tears streaming down my face. When I let go of blame, I open up to my pain and I begin to heal. It is an amazing and accurate paradox of life. When someone says something critical or negative about me or about someone else, or about the world, it doesn’t bring joy or peace to me unless I accept that this is their difficulty and I do not have to embrace negativity or criticism of others. I don’ t have to correct someone else but I do not have to participate in their negativity. And for certain when negative thinking starts entering my mind, can quickly decide to put a stop to negative thoughts and start looking and talking to others in a positive and loving manner. People need to be loved not corrected. In this experience of love, I give another person a chance to feel a loving presence which helps bring out the best in that person and the best in me.
Misery will result when I become angry and critical and focus on blaming others for the condition of the world. Life will always have serious difficulties. There will always be pain and suffering. But there will also be good times, happy times and peaceful times. These times will increase in my little corner of the when I let go of blame and feel the pain that is inside of me. That embrace of my pain will bring me into a peaceful state and help me experience joy and hope and a positive experience of God. When someone smiles at me and is kind toward me, I feel hopeful and loved. What if I did that to everyone. Before I started typing this article I went and got something to eat at McDonalds. The young attendant there was so kind and friendly. I felt better. She felt better. Staying kind and positive changes us and changes other people. Each present moment of life when positively embraced will bring a person into a depth of peace and joy that becomes uplifting and influences me to be positive and hopeful in each present moment.
Yes, peace will result when I let go of blame and feel the pain that I need to experience. It is one of the most positive and fundamental emotional and spiritual principles of life. I have seen the positive results so often throughout my life. And when I depart from this, I now quickly realize that I better return quickly to letting go of blames and feeling my pain so I can pour more love into the world and to everyone who crosses my path. Love, peace, God and feeling my pain are all connected in a very positive and uplifting way.
————————
Fred Cavaiani is a licensed marriage & family therapist and limited licensed psychologist with a private practice in Troy. He is the founder of Marriage Growth Center. He conducts numerous programs for groups throughout Michigan. Cavaiani is associate editor and contributing writer for Human Development Magazine. His column in the Legal News runs every other Tuesday. He can be reached at 248-362-3340. His e-mail address is: Fredcavi@yahoo.com and his website is FredsCounselorsCorner.com.
When I accept my emotional and even physical pain and not blame others for this, I starting healing and I get to a deeper and more peaceful level within myself. The honest embrace of pain becomes an opening of my heart and mind to healing and to an experience of God.
Anger, blame and criticism of others in my life will never bring me internal peace. It puts me into an emotional prison of anger and feeling sorry for myself. That never works. But when I embrace the pain, I am feeling I begin to see such positive and good things about life and about other people.
Last week I took a group of people who had lost their spouses in the last year through a meditation. They sat quiet and receptive and found themselves going much deeper into themselves as the embraced the pain of the loss of their loved one. Instead of running away from their loss, they embraced their loss and started feeling peace. The more I open up to the pain in my life, the more I will discover an inner peace even with tears streaming down my face. When I let go of blame, I open up to my pain and I begin to heal. It is an amazing and accurate paradox of life. When someone says something critical or negative about me or about someone else, or about the world, it doesn’t bring joy or peace to me unless I accept that this is their difficulty and I do not have to embrace negativity or criticism of others. I don’ t have to correct someone else but I do not have to participate in their negativity. And for certain when negative thinking starts entering my mind, can quickly decide to put a stop to negative thoughts and start looking and talking to others in a positive and loving manner. People need to be loved not corrected. In this experience of love, I give another person a chance to feel a loving presence which helps bring out the best in that person and the best in me.
Misery will result when I become angry and critical and focus on blaming others for the condition of the world. Life will always have serious difficulties. There will always be pain and suffering. But there will also be good times, happy times and peaceful times. These times will increase in my little corner of the when I let go of blame and feel the pain that is inside of me. That embrace of my pain will bring me into a peaceful state and help me experience joy and hope and a positive experience of God. When someone smiles at me and is kind toward me, I feel hopeful and loved. What if I did that to everyone. Before I started typing this article I went and got something to eat at McDonalds. The young attendant there was so kind and friendly. I felt better. She felt better. Staying kind and positive changes us and changes other people. Each present moment of life when positively embraced will bring a person into a depth of peace and joy that becomes uplifting and influences me to be positive and hopeful in each present moment.
Yes, peace will result when I let go of blame and feel the pain that I need to experience. It is one of the most positive and fundamental emotional and spiritual principles of life. I have seen the positive results so often throughout my life. And when I depart from this, I now quickly realize that I better return quickly to letting go of blames and feeling my pain so I can pour more love into the world and to everyone who crosses my path. Love, peace, God and feeling my pain are all connected in a very positive and uplifting way.
————————
Fred Cavaiani is a licensed marriage & family therapist and limited licensed psychologist with a private practice in Troy. He is the founder of Marriage Growth Center. He conducts numerous programs for groups throughout Michigan. Cavaiani is associate editor and contributing writer for Human Development Magazine. His column in the Legal News runs every other Tuesday. He can be reached at 248-362-3340. His e-mail address is: Fredcavi@yahoo.com and his website is FredsCounselorsCorner.com.
LEGAL PEOPLE
October 01 ,2024
Butzel attorney Jennifer Dukarski was a featured speaker during the
September 26 COVESA All Member Meeting in Novi. She participated in a
panel discussion titled, “Unlocking Mobility Potential: The Role of
Consented Data in Connected Services.”
:
Butzel attorney Jennifer Dukarski was a featured speaker during the September 26 COVESA All Member Meeting in Novi. She participated in a panel discussion titled, “Unlocking Mobility Potential: The Role of Consented Data in Connected Services.”
Dukarski leads Butzel’s Connected and Autonomous Mobility Team. Her automotive expertise as a former design engineer, Six Sigma master black belt, continuous improvement lead champion, and quality manager gives her a unique perspective on balancing the legal issues and business applications of emerging automotive technology.
Dukarski focuses her legal practice where technology, mobility and communications meet. A leader in the area of electrified, connected and automated vehicles, she negotiated some of the first robotaxi agreements in the world. A champion of the responsible use of AI, Dukarski regularly advises and teaches on AI risk mitigation. She was named one of the 30 Women Defining the Future of Technology by Warner Communications for her innovative thoughts and contributions to the tech industry.
In addition, Butzel immigration law attorney Reginald A. Pacis was a featured speaker during the State Bar of Michigan Annual Meeting on Friday, September 27. He participated in a panel discussion on key immigration issues.
Pacis focuses his practice in immigration law and has handled a variety of immigration matters including H-1B specialty occupation cases, L-1 Intracompany transfers, Labor Certification matters, Immigrant Visa Petitions/Adjustment of Status applications and interviews, TN Free trade cases, H-1B Department of Labor Investigations, I-9 employer verification compliance, and U.S. Port of Entry airport and land port interviews.
Pacis was named Immigration Lawyer of the Year in 2025, 2023 and 2013, respectively in the field of Immigration Law by The Best Lawyers in America and has been listed in Best Lawyers for several years.
Pacis is a member of the American Bar Association, the American Immigration Lawyers Association (AILA), and the Samahang Pilipino Ng Oakland Filipino organization. He served two consecutive one-year terms from 2003 to 2005 as chairperson of the Michigan Chapter of AILA and was a member of the AILA National Board of Governors for those terms.
• • •
John W. Reiser III will serve as the 2024-2025 chair of the State Bar of Michigan’s Representative Assembly.
Reiser was sworn in by Judge Melissa M. Pope during the Representative Assembly meeting September 1 and will serve a one-year term as chair. Reiser has been a member of the RA since 2004 and has served in several capacities, chairing the Calendar Committee and Drafting Committee and serving on the Assembly Review Committee. As chair of the RA he said he plans to continue outreach with Michigan’s tribal courts, address Michigan’s “legal deserts,” and increase RA membership.
Reiser is the senior assistant city attorney for the City of Ann Arbor and has been in the role since 2020. Prior to that, he was assistant prosecuting attorney for Washtenaw County and assistant prosecuting attorney for Oakland County.
Reiser volunteers and serves in several capacities including as a member of the Ann Arbor branch of the NAACP, former chair and current member of the Ypsilanti Township Planning Commission, a member of Prosecuting Attorneys’ Association of Michigan’s Traffic Safety Forum, and former president of the Washtenaw County Assistant Prosecuting Attorneys’ Association.
Also during its September meeting, the RA presented Elizabeth Hohauser with the RA’s Unsung Hero Award.
• • •
McDonald Hopkins is thrilled to welcome Chelsea Zortman as the newest associate to join the Data Privacy and Cybersecurity Practice Group.
“I was drawn to McDonald Hopkins, firstly, because of its commitment to culture, but also because of its notable achievements not only within the Data Privacy and Cybersecurity Practice Group but across the firm,” said Zortman. “I think what makes the McDonald Hopkins’ Data Privacy and Cybersecurity practice unique is its commitment to client-focused solutions that combine a deep knowledge of data privacy and cybersecurity law and best practices, established relationships across the industry, and client needs.”
Zortman’s practice focuses on preventing and responding to cybersecurity incidents, including incident response, data breach notification, and regulatory investigations. She is passionate about data privacy law and helping clients navigate its nuances.
“I enjoy the complex and ever evolving regulatory landscape and how it intersects with nearly every industry, professional and personal environment. There are new challenges each day and I look forward to tackling them with such an experienced team here at McDonald Hopkins,” she said.
Her experience extends to the digital advertising technology sector, where she has provided legal guidance on product compliance with regulations such as General Data Protection Regulation and California Consumer Privacy Act. Zortman also has a background in intellectual property law.
Prior to joining McDonald Hopkins, Zortman also served as product counsel at a large technology firm focused on government contracting. There, she oversaw legal compliance in product development, contract negotiations mitigating data privacy risks, and intellectual property protection. Her role involved collaborating closely with sales, procurement, and regulatory agencies to ensure legal adherence and streamline processes.
Zortman earned her law degree from the University of Baltimore School of Law and has a Bachelor of Arts in Human Rights from Southern Methodist University.
• • •
Dickinson Wright congratulates Erin Pawlowski who was named to Michigan Lawyers Weekly 2024 Influential Women of Law. Honorees will be awarded on September 27 in Troy.
Pawlowski focuses her practice on complex corporate transactions. She has a diverse M&A practice and serves as outside general counsel for businesses in a variety of industries and stages of growth. She represents private equity sponsors, portfolio companies, venture capital funds, strategic buyers and sellers, and other privately held businesses.
Pawlowski earned her law degree from Wayne State University Law School and her B.G.S. from the University of Michigan.
• • •
Kitch congratulates retired Judge Daniel Palmer on his recent appointment to the State Bar of Michigan Alternative Dispute Resolution Council to serve a three-year term on the Council.
Palmer is a principal in the firm’s Mt. Clemens office. He focuses his practice on no-fault litigation and other insurance defense matters. Prior to his return to Kitch, he spent more than 25 years in various aspects of tort and other litigation; as a defense attorney, plaintiff attorney, claims manager, facilitator, legal aid director, and chief judge. Palmer is a certified civil mediator.
• • •
Brooks Kushman Shareholder and Intellectual Property Owner Association (IPO) Patent Licensing Committee Member Christopher Smith spoke at the Intellectual Property Owners Association Annual Meeting in Chicago September 22-24. The presentation, called “Assessing Licensing Terms and Rates Considering Comparability,” focused on IP licensing and related issues.
As vice chair, Smith helps to prepare and promote programming offered by the committee. During previous terms, he participated on panels that examined licensing issues such as: best practices for supplier agreements; issues pertaining to standard essential patents for 5G; and unintended consequences of certain IP licensing provisions/language. Smith has been a member of the IP Licensing Committee for 7 years and has also held the role of secretary in the committee.
Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. In addition to litigation, he is involved with the preparation of invalidity and infringement opinions and licensing disputes. Smith has represented clients from Fortune 500 companies to startups and individual inventors in a wide variety of industries and
technologies including: automotive, including infotainment; medical devices; internet, including content delivery networks; and telecommunications, including fiber optics.
• • •
Collins Einhorn Farrell PC attorney Kari Melkonian was recently recognized by Michigan Lawyers Weekly as a Go-To-Lawyer for Negligence Law.
“I’m honored to be recognized as a ‘Go-To-Lawyer’ by Michigan Lawyers Weekly,” Melkonia commented. “Representing businesses and individuals in complex tort litigation is as rewarding as it is challenging. I’m thankful for the opportunity to learn from great lawyers in and outside of my firm, and very much enjoy using my training to get the best result for my clients. Thank you to those who nominated me, and Michigan Lawyers Weekly for the recognition.”
Melkonian is a partner at Collins Einhorn Farrell PC. She has experience in defending high exposure and catastrophic injury claims, as well as consulting clients regarding catastrophic claims prior to litigation. She has experience in all aspects of the litigation process. Additionally, She received specialized training for civil mediation, equipping her with specialized negotiation methods to mediate complex civil matters.
In addition, Collins Einhorn attorney Reine Hamdar recently moderated a panel discussion hosted by the MENA American Chamber of Commerce. The discussion was an in-depth look at the increasing threat of cyber-attacks on small businesses and how business owners should protect themselves.
Hamdar is a member of the firm’s Professional Liability and AI Ethics & Compliance Practice Groups. Her practice focuses on the defense and representation of professionals in the legal, insurance, accounting, architectural, engineering, and real estate fields.
Dukarski leads Butzel’s Connected and Autonomous Mobility Team. Her automotive expertise as a former design engineer, Six Sigma master black belt, continuous improvement lead champion, and quality manager gives her a unique perspective on balancing the legal issues and business applications of emerging automotive technology.
Dukarski focuses her legal practice where technology, mobility and communications meet. A leader in the area of electrified, connected and automated vehicles, she negotiated some of the first robotaxi agreements in the world. A champion of the responsible use of AI, Dukarski regularly advises and teaches on AI risk mitigation. She was named one of the 30 Women Defining the Future of Technology by Warner Communications for her innovative thoughts and contributions to the tech industry.
In addition, Butzel immigration law attorney Reginald A. Pacis was a featured speaker during the State Bar of Michigan Annual Meeting on Friday, September 27. He participated in a panel discussion on key immigration issues.
Pacis focuses his practice in immigration law and has handled a variety of immigration matters including H-1B specialty occupation cases, L-1 Intracompany transfers, Labor Certification matters, Immigrant Visa Petitions/Adjustment of Status applications and interviews, TN Free trade cases, H-1B Department of Labor Investigations, I-9 employer verification compliance, and U.S. Port of Entry airport and land port interviews.
Pacis was named Immigration Lawyer of the Year in 2025, 2023 and 2013, respectively in the field of Immigration Law by The Best Lawyers in America and has been listed in Best Lawyers for several years.
Pacis is a member of the American Bar Association, the American Immigration Lawyers Association (AILA), and the Samahang Pilipino Ng Oakland Filipino organization. He served two consecutive one-year terms from 2003 to 2005 as chairperson of the Michigan Chapter of AILA and was a member of the AILA National Board of Governors for those terms.
• • •
John W. Reiser III will serve as the 2024-2025 chair of the State Bar of Michigan’s Representative Assembly.
Reiser was sworn in by Judge Melissa M. Pope during the Representative Assembly meeting September 1 and will serve a one-year term as chair. Reiser has been a member of the RA since 2004 and has served in several capacities, chairing the Calendar Committee and Drafting Committee and serving on the Assembly Review Committee. As chair of the RA he said he plans to continue outreach with Michigan’s tribal courts, address Michigan’s “legal deserts,” and increase RA membership.
Reiser is the senior assistant city attorney for the City of Ann Arbor and has been in the role since 2020. Prior to that, he was assistant prosecuting attorney for Washtenaw County and assistant prosecuting attorney for Oakland County.
Reiser volunteers and serves in several capacities including as a member of the Ann Arbor branch of the NAACP, former chair and current member of the Ypsilanti Township Planning Commission, a member of Prosecuting Attorneys’ Association of Michigan’s Traffic Safety Forum, and former president of the Washtenaw County Assistant Prosecuting Attorneys’ Association.
Also during its September meeting, the RA presented Elizabeth Hohauser with the RA’s Unsung Hero Award.
• • •
McDonald Hopkins is thrilled to welcome Chelsea Zortman as the newest associate to join the Data Privacy and Cybersecurity Practice Group.
“I was drawn to McDonald Hopkins, firstly, because of its commitment to culture, but also because of its notable achievements not only within the Data Privacy and Cybersecurity Practice Group but across the firm,” said Zortman. “I think what makes the McDonald Hopkins’ Data Privacy and Cybersecurity practice unique is its commitment to client-focused solutions that combine a deep knowledge of data privacy and cybersecurity law and best practices, established relationships across the industry, and client needs.”
Zortman’s practice focuses on preventing and responding to cybersecurity incidents, including incident response, data breach notification, and regulatory investigations. She is passionate about data privacy law and helping clients navigate its nuances.
“I enjoy the complex and ever evolving regulatory landscape and how it intersects with nearly every industry, professional and personal environment. There are new challenges each day and I look forward to tackling them with such an experienced team here at McDonald Hopkins,” she said.
Her experience extends to the digital advertising technology sector, where she has provided legal guidance on product compliance with regulations such as General Data Protection Regulation and California Consumer Privacy Act. Zortman also has a background in intellectual property law.
Prior to joining McDonald Hopkins, Zortman also served as product counsel at a large technology firm focused on government contracting. There, she oversaw legal compliance in product development, contract negotiations mitigating data privacy risks, and intellectual property protection. Her role involved collaborating closely with sales, procurement, and regulatory agencies to ensure legal adherence and streamline processes.
Zortman earned her law degree from the University of Baltimore School of Law and has a Bachelor of Arts in Human Rights from Southern Methodist University.
• • •
Dickinson Wright congratulates Erin Pawlowski who was named to Michigan Lawyers Weekly 2024 Influential Women of Law. Honorees will be awarded on September 27 in Troy.
Pawlowski focuses her practice on complex corporate transactions. She has a diverse M&A practice and serves as outside general counsel for businesses in a variety of industries and stages of growth. She represents private equity sponsors, portfolio companies, venture capital funds, strategic buyers and sellers, and other privately held businesses.
Pawlowski earned her law degree from Wayne State University Law School and her B.G.S. from the University of Michigan.
• • •
Kitch congratulates retired Judge Daniel Palmer on his recent appointment to the State Bar of Michigan Alternative Dispute Resolution Council to serve a three-year term on the Council.
Palmer is a principal in the firm’s Mt. Clemens office. He focuses his practice on no-fault litigation and other insurance defense matters. Prior to his return to Kitch, he spent more than 25 years in various aspects of tort and other litigation; as a defense attorney, plaintiff attorney, claims manager, facilitator, legal aid director, and chief judge. Palmer is a certified civil mediator.
• • •
Brooks Kushman Shareholder and Intellectual Property Owner Association (IPO) Patent Licensing Committee Member Christopher Smith spoke at the Intellectual Property Owners Association Annual Meeting in Chicago September 22-24. The presentation, called “Assessing Licensing Terms and Rates Considering Comparability,” focused on IP licensing and related issues.
As vice chair, Smith helps to prepare and promote programming offered by the committee. During previous terms, he participated on panels that examined licensing issues such as: best practices for supplier agreements; issues pertaining to standard essential patents for 5G; and unintended consequences of certain IP licensing provisions/language. Smith has been a member of the IP Licensing Committee for 7 years and has also held the role of secretary in the committee.
Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. In addition to litigation, he is involved with the preparation of invalidity and infringement opinions and licensing disputes. Smith has represented clients from Fortune 500 companies to startups and individual inventors in a wide variety of industries and
technologies including: automotive, including infotainment; medical devices; internet, including content delivery networks; and telecommunications, including fiber optics.
• • •
Collins Einhorn Farrell PC attorney Kari Melkonian was recently recognized by Michigan Lawyers Weekly as a Go-To-Lawyer for Negligence Law.
“I’m honored to be recognized as a ‘Go-To-Lawyer’ by Michigan Lawyers Weekly,” Melkonia commented. “Representing businesses and individuals in complex tort litigation is as rewarding as it is challenging. I’m thankful for the opportunity to learn from great lawyers in and outside of my firm, and very much enjoy using my training to get the best result for my clients. Thank you to those who nominated me, and Michigan Lawyers Weekly for the recognition.”
Melkonian is a partner at Collins Einhorn Farrell PC. She has experience in defending high exposure and catastrophic injury claims, as well as consulting clients regarding catastrophic claims prior to litigation. She has experience in all aspects of the litigation process. Additionally, She received specialized training for civil mediation, equipping her with specialized negotiation methods to mediate complex civil matters.
In addition, Collins Einhorn attorney Reine Hamdar recently moderated a panel discussion hosted by the MENA American Chamber of Commerce. The discussion was an in-depth look at the increasing threat of cyber-attacks on small businesses and how business owners should protect themselves.
Hamdar is a member of the firm’s Professional Liability and AI Ethics & Compliance Practice Groups. Her practice focuses on the defense and representation of professionals in the legal, insurance, accounting, architectural, engineering, and real estate fields.
PREMI ADR SPOTLIGHT: The role of a process arbitrator: Enhancing efficiency and collaboration
October 01 ,2024
Arbitration, traditionally viewed as a streamlined alternative to court,
is widely used in commercial, construction, and international disputes.
Its appeal lies in its perceived efficiency, confidentiality, and
potential cost savings.
:
By Lisa W. Timmons
Arbitration, traditionally viewed as a streamlined alternative to court, is widely used in commercial, construction, and international disputes. Its appeal lies in its perceived efficiency, confidentiality, and potential cost savings. However, as arbitration has become the preferred method for resolving complex disputes involving multiple parties, such as mass arbitration and complex commercial matters, the process has in many cases become as cumbersome and expensive as litigation. Long discovery phases, voluminous motion practice, and delays in scheduling hearings are some of the key issues. To address these challenges, the role of a Process Arbitrator has emerged, offering a promising solution to manage arbitration proceedings more effectively.
In essence, the Process Arbitrator ensures that procedural disputes—whether regarding discovery, scheduling, or other pre-hearing motions—are handled efficiently and fairly. This structure prevents procedural disputes from bogging down the substantive elements of the case and enables a more collaborative arbitration process.
The skill set of a Process Arbitrator is distinctly different from that of a substantive arbitrator. While a substantive arbitrator is typically an expert in the subject matter of the dispute, the Process Arbitrator is an expert in procedural efficiency and dispute management. The Process Arbitrator must have a deep knowledge of arbitration rules, discovery processes, and case management techniques. Their role is to ensure that the procedural elements, such as scheduling, discovery, and pre-hearing motions, are handled efficiently. This requires strong organizational and communication skills, as well as the ability to resolve procedural disputes quickly and fairly without delving into the merits of the case. On the other hand, the substantive arbitrator must focus on understanding the intricate details of the case, analyzing evidence, and applying the relevant laws to resolve the dispute.
Another significant difference in focus is that the substantive arbitrator is responsible for determining the outcome of the case based on its merits, which requires an in-depth engagement with the factual and legal arguments presented by both parties. By contrast, the Process Arbitrator focuses exclusively on streamlining the arbitration process to ensure it moves forward without unnecessary delays. They are often more adept at managing logistical issues, handling discovery disputes (including those related to electronically stored information), and dealing with procedural motions. This division of labor allows each arbitrator to specialize in their respective roles, enhancing the overall effectiveness, and efficiency of the arbitration process.
Another critical benefit of utilizing a Process Arbitrator is that they help the substantive arbitrator maintain neutrality throughout the arbitration. Because the Process Arbitrator handles preliminary disputes, such as discovery disagreements or procedural objections, the substantive arbitrator remains insulated from these contentious interactions. This separation reduces the risk of the substantive arbitrator being influenced or biased by early squabbles between the parties. The substantive arbitrator can then approach the final hearing with a fresh perspective, untainted by any procedural frustrations or negative impressions that might arise during the pre-hearing phase. By removing the burden of procedural management, the Process Arbitrator helps preserve the impartiality and objectivity of the substantive arbitrator, ensuring a fair and unbiased resolution of the core issues in dispute.
Responsibilities of a Process Arbitrator
A Process Arbitrator’s role is like that of a judicial magistrate in the court system. In many jurisdictions, magistrates assist judges by managing pre-trial motions, handling discovery disputes, and overseeing other procedural issues, which allows judges to focus on substantive legal questions. Similarly, the Process Arbitrator handles a variety of procedural matters in arbitration, including:
1. Pre-hearing conferences and scheduling: The Process Arbitrator is responsible for setting up preliminary conferences with the parties to establish deadlines for discovery, document production, and the submission of evidence. This ensures that all procedural matters are discussed upfront, allowing the arbitration to progress smoothly.
2. Discovery disputes: Complex arbitrations often involve significant discovery, including the exchange of documents, depositions, and expert reports. The Process Arbitrator resolves disputes about the scope of discovery, helping to avoid lengthy delays that can arise when parties disagree on what information should be disclosed and when.
3. Electronically Stored Information: Managing electronically stored information (ESI) requests during discovery can become a time-consuming and contentious issue. The volume of ESI in modern disputes is vast, often including emails, databases, digital communications, and other electronically maintained documents. A Process Arbitrator can play a critical role in overseeing ESI requests, ensuring that discovery is efficient, relevant, and not overly burdensome. By narrowing the scope of ESI requests, resolving disputes over the format and methods of production, and setting clear deadlines, the Process Arbitrator prevents discovery from stalling the arbitration. Additionally, the Process Arbitrator can manage technical issues, such as metadata requests or e-discovery tools, allowing for a streamlined process that prevents one party from using ESI as a tactic for delay or overwhelming the other side with unnecessary information. This focused management not only accelerates the discovery process but also helps reduce costs related to extensive data processing and review.
4. Motions: A Process Arbitrator handles all non-dispositive motions, such as motions to compel discovery or procedural objections. By taking responsibility for these procedural motions, the Process Arbitrator prevents these issues from slowing down the main arbitrator’s decision-making process. This segmentation of arbitral roles also allows the substantive arbitrator to take on the case “fresh: without any previous history or bias from disputing parties.
5. Evidentiary management: In cases where there is a large volume of evidence, the Process Arbitrator can assist in determining what evidence is necessary, whether evidence can be shared electronically, and how it will be presented at hearings.
By separating procedural and substantive roles, a Process Arbitrator helps to keep the arbitration on track, minimizes delays, and ensures that procedural disputes do not become a distraction from the core issues in the case.
Benefits of Using a Process Arbitrator
The inclusion of a Process Arbitrator in complex arbitration proceedings offers several benefits, particularly in terms of efficiency and collaboration. Key advantages include:
1. Efficiency: The primary role of a Process Arbitrator is to streamline the arbitration process, ensuring that all procedural matters are handled efficiently and in a timely manner. By focusing solely on procedural issues, the Process Arbitrator helps to avoid delays caused by prolonged discovery disputes or procedural motions.
2. Cost-effectiveness: By managing procedural matters more effectively, a Process Arbitrator can help reduce the overall cost of arbitration. Unresolved procedural disputes can lead to lengthy delays, which drive up costs. The Process Arbitrator ensures that these disputes are resolved quickly and without the need for additional hearings or extensions.
3. Neutrality and impartiality: Since the Process Arbitrator deals only with procedural issues, their role is neutral and does not affect the substantive elements of the arbitration. This division of responsibilities ensures that the substantive arbitrator’s neutrality is preserved while still allowing for efficient procedural management.
4. Focus on collaboration: A Process Arbitrator can foster collaboration between the parties by encouraging open communication and transparency in the arbitration process. By facilitating pre-hearing conferences, the Process Arbitrator ensures that both sides are aware of deadlines, procedural requirements, and evidentiary expectations, which can reduce the likelihood of disputes later.
5. Specialized expertise: Process Arbitrators often bring specialized knowledge of procedural rules and best practices in arbitration. Their expertise allows them to resolve complex procedural issues quickly and effectively, without requiring the main arbitrator to spend time learning the intricacies of procedural law.
Arbitration Associations Using Process Arbitrators
Several prominent arbitration institutions have begun embracing the role of the Process Arbitrator to enhance procedural efficiency in complex disputes, including the American Arbitration Association (AAA), JAMS (Judicial Arbitration and Mediation Services), and the College of Commercial Arbitrators (CCA). These organizations have all recognized the benefits of having a separate arbitrator to manage procedural matters, particularly in large-scale or multi-party disputes. The AAA rules have integrated procedural management techniques, offering parties the flexibility to appoint a Process Arbitrator to handle preliminary matters such as electronically stored information (ESI) requests and discovery disputes. JAMS often recommends the use of a specialized arbitrator to handle discovery and pre-hearing issues in complex commercial cases, and the CCA, known for its expertise in commercial arbitration, similarly encourages the use of procedural arbitrators to streamline case management and reduce costs, especially in disputes with extensive procedural complexity. These institutions recognize that separating procedural from substantive duties not only improves efficiency but also maintains the neutrality and fairness of the arbitration process.
The integration of a Process Arbitrator in complex arbitration proceedings substantially enhances procedural efficiency, fosters collaboration, and reduces overall costs. By exclusively addressing procedural disputes, the Process Arbitrator relieves the substantive arbitrator from delving into routine procedural nuances, thereby maintaining their impartiality and expediting the arbitration process. This role is instrumental in managing evidentiary logistics, and resolving non-dispositive motions, ensuring that procedural disputes do not obstruct the substantive adjudication of the case. The Process Arbitrator’s specialized expertise and neutrality can greatly contribute to a more streamlined and effective arbitration process.
————————
Lisa W. Timmons is the chair of the ADR Section of the State Bar of Michigan and serves as an arbitrator, mediator, and fact-finder of labor, employment, commercial, and consumer cases with AAA, FMCS,USPS, and MERC. Timmons is a member of Professional Resolution Experts of Michigan (PREMi) and was selected as a 2024-26 associate with the College of Commercial Arbitrators (CCA). Timmons earned her BA from Michigan State University, her MA in Dispute Resolution from Wayne State University, and her law degree from the University of Detroit Mercy School of Law.
Arbitration, traditionally viewed as a streamlined alternative to court, is widely used in commercial, construction, and international disputes. Its appeal lies in its perceived efficiency, confidentiality, and potential cost savings. However, as arbitration has become the preferred method for resolving complex disputes involving multiple parties, such as mass arbitration and complex commercial matters, the process has in many cases become as cumbersome and expensive as litigation. Long discovery phases, voluminous motion practice, and delays in scheduling hearings are some of the key issues. To address these challenges, the role of a Process Arbitrator has emerged, offering a promising solution to manage arbitration proceedings more effectively.
In essence, the Process Arbitrator ensures that procedural disputes—whether regarding discovery, scheduling, or other pre-hearing motions—are handled efficiently and fairly. This structure prevents procedural disputes from bogging down the substantive elements of the case and enables a more collaborative arbitration process.
The skill set of a Process Arbitrator is distinctly different from that of a substantive arbitrator. While a substantive arbitrator is typically an expert in the subject matter of the dispute, the Process Arbitrator is an expert in procedural efficiency and dispute management. The Process Arbitrator must have a deep knowledge of arbitration rules, discovery processes, and case management techniques. Their role is to ensure that the procedural elements, such as scheduling, discovery, and pre-hearing motions, are handled efficiently. This requires strong organizational and communication skills, as well as the ability to resolve procedural disputes quickly and fairly without delving into the merits of the case. On the other hand, the substantive arbitrator must focus on understanding the intricate details of the case, analyzing evidence, and applying the relevant laws to resolve the dispute.
Another significant difference in focus is that the substantive arbitrator is responsible for determining the outcome of the case based on its merits, which requires an in-depth engagement with the factual and legal arguments presented by both parties. By contrast, the Process Arbitrator focuses exclusively on streamlining the arbitration process to ensure it moves forward without unnecessary delays. They are often more adept at managing logistical issues, handling discovery disputes (including those related to electronically stored information), and dealing with procedural motions. This division of labor allows each arbitrator to specialize in their respective roles, enhancing the overall effectiveness, and efficiency of the arbitration process.
Another critical benefit of utilizing a Process Arbitrator is that they help the substantive arbitrator maintain neutrality throughout the arbitration. Because the Process Arbitrator handles preliminary disputes, such as discovery disagreements or procedural objections, the substantive arbitrator remains insulated from these contentious interactions. This separation reduces the risk of the substantive arbitrator being influenced or biased by early squabbles between the parties. The substantive arbitrator can then approach the final hearing with a fresh perspective, untainted by any procedural frustrations or negative impressions that might arise during the pre-hearing phase. By removing the burden of procedural management, the Process Arbitrator helps preserve the impartiality and objectivity of the substantive arbitrator, ensuring a fair and unbiased resolution of the core issues in dispute.
Responsibilities of a Process Arbitrator
A Process Arbitrator’s role is like that of a judicial magistrate in the court system. In many jurisdictions, magistrates assist judges by managing pre-trial motions, handling discovery disputes, and overseeing other procedural issues, which allows judges to focus on substantive legal questions. Similarly, the Process Arbitrator handles a variety of procedural matters in arbitration, including:
1. Pre-hearing conferences and scheduling: The Process Arbitrator is responsible for setting up preliminary conferences with the parties to establish deadlines for discovery, document production, and the submission of evidence. This ensures that all procedural matters are discussed upfront, allowing the arbitration to progress smoothly.
2. Discovery disputes: Complex arbitrations often involve significant discovery, including the exchange of documents, depositions, and expert reports. The Process Arbitrator resolves disputes about the scope of discovery, helping to avoid lengthy delays that can arise when parties disagree on what information should be disclosed and when.
3. Electronically Stored Information: Managing electronically stored information (ESI) requests during discovery can become a time-consuming and contentious issue. The volume of ESI in modern disputes is vast, often including emails, databases, digital communications, and other electronically maintained documents. A Process Arbitrator can play a critical role in overseeing ESI requests, ensuring that discovery is efficient, relevant, and not overly burdensome. By narrowing the scope of ESI requests, resolving disputes over the format and methods of production, and setting clear deadlines, the Process Arbitrator prevents discovery from stalling the arbitration. Additionally, the Process Arbitrator can manage technical issues, such as metadata requests or e-discovery tools, allowing for a streamlined process that prevents one party from using ESI as a tactic for delay or overwhelming the other side with unnecessary information. This focused management not only accelerates the discovery process but also helps reduce costs related to extensive data processing and review.
4. Motions: A Process Arbitrator handles all non-dispositive motions, such as motions to compel discovery or procedural objections. By taking responsibility for these procedural motions, the Process Arbitrator prevents these issues from slowing down the main arbitrator’s decision-making process. This segmentation of arbitral roles also allows the substantive arbitrator to take on the case “fresh: without any previous history or bias from disputing parties.
5. Evidentiary management: In cases where there is a large volume of evidence, the Process Arbitrator can assist in determining what evidence is necessary, whether evidence can be shared electronically, and how it will be presented at hearings.
By separating procedural and substantive roles, a Process Arbitrator helps to keep the arbitration on track, minimizes delays, and ensures that procedural disputes do not become a distraction from the core issues in the case.
Benefits of Using a Process Arbitrator
The inclusion of a Process Arbitrator in complex arbitration proceedings offers several benefits, particularly in terms of efficiency and collaboration. Key advantages include:
1. Efficiency: The primary role of a Process Arbitrator is to streamline the arbitration process, ensuring that all procedural matters are handled efficiently and in a timely manner. By focusing solely on procedural issues, the Process Arbitrator helps to avoid delays caused by prolonged discovery disputes or procedural motions.
2. Cost-effectiveness: By managing procedural matters more effectively, a Process Arbitrator can help reduce the overall cost of arbitration. Unresolved procedural disputes can lead to lengthy delays, which drive up costs. The Process Arbitrator ensures that these disputes are resolved quickly and without the need for additional hearings or extensions.
3. Neutrality and impartiality: Since the Process Arbitrator deals only with procedural issues, their role is neutral and does not affect the substantive elements of the arbitration. This division of responsibilities ensures that the substantive arbitrator’s neutrality is preserved while still allowing for efficient procedural management.
4. Focus on collaboration: A Process Arbitrator can foster collaboration between the parties by encouraging open communication and transparency in the arbitration process. By facilitating pre-hearing conferences, the Process Arbitrator ensures that both sides are aware of deadlines, procedural requirements, and evidentiary expectations, which can reduce the likelihood of disputes later.
5. Specialized expertise: Process Arbitrators often bring specialized knowledge of procedural rules and best practices in arbitration. Their expertise allows them to resolve complex procedural issues quickly and effectively, without requiring the main arbitrator to spend time learning the intricacies of procedural law.
Arbitration Associations Using Process Arbitrators
Several prominent arbitration institutions have begun embracing the role of the Process Arbitrator to enhance procedural efficiency in complex disputes, including the American Arbitration Association (AAA), JAMS (Judicial Arbitration and Mediation Services), and the College of Commercial Arbitrators (CCA). These organizations have all recognized the benefits of having a separate arbitrator to manage procedural matters, particularly in large-scale or multi-party disputes. The AAA rules have integrated procedural management techniques, offering parties the flexibility to appoint a Process Arbitrator to handle preliminary matters such as electronically stored information (ESI) requests and discovery disputes. JAMS often recommends the use of a specialized arbitrator to handle discovery and pre-hearing issues in complex commercial cases, and the CCA, known for its expertise in commercial arbitration, similarly encourages the use of procedural arbitrators to streamline case management and reduce costs, especially in disputes with extensive procedural complexity. These institutions recognize that separating procedural from substantive duties not only improves efficiency but also maintains the neutrality and fairness of the arbitration process.
The integration of a Process Arbitrator in complex arbitration proceedings substantially enhances procedural efficiency, fosters collaboration, and reduces overall costs. By exclusively addressing procedural disputes, the Process Arbitrator relieves the substantive arbitrator from delving into routine procedural nuances, thereby maintaining their impartiality and expediting the arbitration process. This role is instrumental in managing evidentiary logistics, and resolving non-dispositive motions, ensuring that procedural disputes do not obstruct the substantive adjudication of the case. The Process Arbitrator’s specialized expertise and neutrality can greatly contribute to a more streamlined and effective arbitration process.
————————
Lisa W. Timmons is the chair of the ADR Section of the State Bar of Michigan and serves as an arbitrator, mediator, and fact-finder of labor, employment, commercial, and consumer cases with AAA, FMCS,USPS, and MERC. Timmons is a member of Professional Resolution Experts of Michigan (PREMi) and was selected as a 2024-26 associate with the College of Commercial Arbitrators (CCA). Timmons earned her BA from Michigan State University, her MA in Dispute Resolution from Wayne State University, and her law degree from the University of Detroit Mercy School of Law.
COMMENTARY: Two executions prompt questions about ‘legal ethics’
October 01 ,2024
At about 6:35 p.m. (EDT) on September 20, 2024, the State of South
Carolina plunged an IV into the veins of Khalil Divine Black Sun Allah,
known as Freddie Owens, and injected the deadly drug pentobarbital into
his veins. Within minutes he was dead.
:
By Berl Falbaum
At about 6:35 p.m. (EDT) on September 20, 2024, the State of South Carolina plunged an IV into the veins of Khalil Divine Black Sun Allah, known as Freddie Owens, and injected the deadly drug pentobarbital into his veins. Within minutes he was dead.
Four days later, the State of Missouri injected five grams of the same drug into the bloodstream of Marcellus “Khaliifah” Williams. He was dead in minutes as well.
Owens, 46, and Williams, 55, had three other things in common: Both had been convicted of murder, both might very well have been innocent, and, in both cases, the appellate powers to be, including the U.S. Supreme Court, rejected pleas to stay the executions to permit investigations into new evidence.
Thus, works our “justice” system.
Let’s look at Owens first.
Owens was convicted of killing a Speedway gas station clerk, Irene Graves, a 41-year-old single mother of three, during a string of robberies by two masked men on Halloween night in 1997. Owens, then only 19, allegedly fired a single shot to Graves’s head, killing her because she couldn’t open the safe. The two robbers escaped with $37.29 from the cash register.
Prosecutors had no forensic evidence implicating Owens and surveillance footage showed two masked men but they were not identifiable. The only evidence against Owens came from
Owens’ accomplice and co-defendant, Steven Golden, who testified that Owens fired the fatal shot.
Not revealed to the jury during the trial was that Golden had a secret deal with prosecutors that he would not face the death penalty if he testified against Owens.
But two days before the execution, Golden made public a signed affidavit in which he said that Owens was innocent. He wrote:
“I’m coming forward now because I know Freddie’s execution date is September 20 and I don’t want Freddie to be executed for something he didn’t do. This has weighed heavily on my mind and I want to have a clear conscience.”
Golden added that Owens was not even in the store at the time of the murder/robbery.
Goden said he was high when police questioned him and was pressured to point the finger at Owens.
“I substituted [Owens] for the person who was really with me,” Golden said, concealing the identity of the real murderer because he feared his associates “might kill me.” He still did not want to name the shooter out of fear of retaliation.
The governor, Henry McMaster, prosecutors and appeals courts, including the U.S. Supreme Court (with Justice Sonia Sotomayor dissenting), rejected last minute appeals to save his life, stating that despite new evidence, they were all convinced other evidence proved Owens guilty. They stated there was “nothing exceptional” — the legal standard to approve a stay of execution — about his case.
Now, to Williams.
Williams was convicted of killing Felicia Gayle, a former reporter for The St. Louis Post-Dispatch on August 11, 1998.
Citing problems with jury selection (possible racism), ineffective defense representation, DNA which did not match forensic evidence, the St. Louis prosecutor—please read “prosecutor”—called for overturning the conviction. That office was joined by relatives of the victim as well as jurors who found Williams guilty. All called for giving Williams a life sentence so further investigations could be conducted.
Again, like in the Owens case, the U.S. Supreme Court, a few hours before the execution, denied Williams’ appeal. This time Sotomayor was joined in her dissent by Elena Kagan and Kentanji Brown Jackson.
Here is the major point:
What possible negative consequences could result if the courts had issued stays and permitted investigations to continue in these cases?
At the worst, the executions would be delayed by a few months and, at best, innocent lives might have been spared.
(I am not arguing the case for or against capital punishment, although, in the interest of full disclosure, I am opposed to it.)
These cases remind me of the institutional obstinacy of the legal profession in another injustice which I worked on intensely.
I wrote a book about Alton Logan, an African-American Chicago man, who did 26-½ years in prison for a murder he did not commit. After finding Logan guilty, the 12-member jury had to consider the death penalty but its vote had to be unanimous. It voted 10-2 to put Logan to death. Two votes saved him from death row.
The issue: Four attorneys knew from the start that Logan was innocent because their client committed the murder. He confessed to them.
Not wanting to violate the “ethical” code of lawyer-client confidentiality, the attorneys wrote an affidavit that Logan was innocent, locked it in a strong box for more than 26 years, but came forward after their client died in prison where he was serving time for two other murders. After several court hearings, all charges against Logan were dropped and he was released.
In a sense, Logan was “lucky.” Another man, Lee Wayne Hunt, in North Carolina, was imprisoned under similar circumstances — for a double murder he did not commit. When the real murderer died, his lawyer voluntarily went to court and testified that Hunt was innocent. Cumberland County Superior Court Judge Jack A. Thompson not only would not accept the testimony but reported the attorney to the bar for violating lawyer-client confidentiality.
I called Judge Thompson several times to interview him, but he did not return my phone calls. I understood that perfectly. Under the circumstances, I would not have talked to me either.
I was just starting the process of writing a book on Hunt when his lawyers contacted me with the news that he had died in prison after serving 30 years. Justice!
I find the callous reasoning on this issue unconscionable. We can’t let an innocent person knowingly — the key word being “knowingly” — rot in prison when the guilty party has been identified. It is bad enough to make mistakes and cause unbelievable and condemnable injustices — and these numbers are in the thousands. I was told by experts during my research on the book that between 10,000 and 30,000 innocent people were serving prison sentences. Or consider: At least 200 people sentenced to death since 1973 were later exonerated, according to the Death Penalty Information Center.
I started a one-person campaign to change the legal ethic on this issue. Over several years, I contacted bar associations, legal committees, judges, legal grievance committees, even the Michigan Supreme Court which, I was told, debated my petition “robustly” but decided to do nothing. The justices are obviously comfortable with letting the innocent languish in prison.
My point is that the code can be changed — and changed very easily — without compromising lawyer-client confidentiality. Logan and I make recommendations in the book which would eliminate the risks of letting the guilty go free without punishing the innocent.
Now, I understand the symbolism of having Lady Justice with a blindfold. But perhaps we ought to remove it to let her see what the hell is going on in our so-called justice system.
————————
Berl Falbaum is the author of “Justice Failed: How ‘Legal Ethics’ Kept Me in Prison for 26 Years.”
At about 6:35 p.m. (EDT) on September 20, 2024, the State of South Carolina plunged an IV into the veins of Khalil Divine Black Sun Allah, known as Freddie Owens, and injected the deadly drug pentobarbital into his veins. Within minutes he was dead.
Four days later, the State of Missouri injected five grams of the same drug into the bloodstream of Marcellus “Khaliifah” Williams. He was dead in minutes as well.
Owens, 46, and Williams, 55, had three other things in common: Both had been convicted of murder, both might very well have been innocent, and, in both cases, the appellate powers to be, including the U.S. Supreme Court, rejected pleas to stay the executions to permit investigations into new evidence.
Thus, works our “justice” system.
Let’s look at Owens first.
Owens was convicted of killing a Speedway gas station clerk, Irene Graves, a 41-year-old single mother of three, during a string of robberies by two masked men on Halloween night in 1997. Owens, then only 19, allegedly fired a single shot to Graves’s head, killing her because she couldn’t open the safe. The two robbers escaped with $37.29 from the cash register.
Prosecutors had no forensic evidence implicating Owens and surveillance footage showed two masked men but they were not identifiable. The only evidence against Owens came from
Owens’ accomplice and co-defendant, Steven Golden, who testified that Owens fired the fatal shot.
Not revealed to the jury during the trial was that Golden had a secret deal with prosecutors that he would not face the death penalty if he testified against Owens.
But two days before the execution, Golden made public a signed affidavit in which he said that Owens was innocent. He wrote:
“I’m coming forward now because I know Freddie’s execution date is September 20 and I don’t want Freddie to be executed for something he didn’t do. This has weighed heavily on my mind and I want to have a clear conscience.”
Golden added that Owens was not even in the store at the time of the murder/robbery.
Goden said he was high when police questioned him and was pressured to point the finger at Owens.
“I substituted [Owens] for the person who was really with me,” Golden said, concealing the identity of the real murderer because he feared his associates “might kill me.” He still did not want to name the shooter out of fear of retaliation.
The governor, Henry McMaster, prosecutors and appeals courts, including the U.S. Supreme Court (with Justice Sonia Sotomayor dissenting), rejected last minute appeals to save his life, stating that despite new evidence, they were all convinced other evidence proved Owens guilty. They stated there was “nothing exceptional” — the legal standard to approve a stay of execution — about his case.
Now, to Williams.
Williams was convicted of killing Felicia Gayle, a former reporter for The St. Louis Post-Dispatch on August 11, 1998.
Citing problems with jury selection (possible racism), ineffective defense representation, DNA which did not match forensic evidence, the St. Louis prosecutor—please read “prosecutor”—called for overturning the conviction. That office was joined by relatives of the victim as well as jurors who found Williams guilty. All called for giving Williams a life sentence so further investigations could be conducted.
Again, like in the Owens case, the U.S. Supreme Court, a few hours before the execution, denied Williams’ appeal. This time Sotomayor was joined in her dissent by Elena Kagan and Kentanji Brown Jackson.
Here is the major point:
What possible negative consequences could result if the courts had issued stays and permitted investigations to continue in these cases?
At the worst, the executions would be delayed by a few months and, at best, innocent lives might have been spared.
(I am not arguing the case for or against capital punishment, although, in the interest of full disclosure, I am opposed to it.)
These cases remind me of the institutional obstinacy of the legal profession in another injustice which I worked on intensely.
I wrote a book about Alton Logan, an African-American Chicago man, who did 26-½ years in prison for a murder he did not commit. After finding Logan guilty, the 12-member jury had to consider the death penalty but its vote had to be unanimous. It voted 10-2 to put Logan to death. Two votes saved him from death row.
The issue: Four attorneys knew from the start that Logan was innocent because their client committed the murder. He confessed to them.
Not wanting to violate the “ethical” code of lawyer-client confidentiality, the attorneys wrote an affidavit that Logan was innocent, locked it in a strong box for more than 26 years, but came forward after their client died in prison where he was serving time for two other murders. After several court hearings, all charges against Logan were dropped and he was released.
In a sense, Logan was “lucky.” Another man, Lee Wayne Hunt, in North Carolina, was imprisoned under similar circumstances — for a double murder he did not commit. When the real murderer died, his lawyer voluntarily went to court and testified that Hunt was innocent. Cumberland County Superior Court Judge Jack A. Thompson not only would not accept the testimony but reported the attorney to the bar for violating lawyer-client confidentiality.
I called Judge Thompson several times to interview him, but he did not return my phone calls. I understood that perfectly. Under the circumstances, I would not have talked to me either.
I was just starting the process of writing a book on Hunt when his lawyers contacted me with the news that he had died in prison after serving 30 years. Justice!
I find the callous reasoning on this issue unconscionable. We can’t let an innocent person knowingly — the key word being “knowingly” — rot in prison when the guilty party has been identified. It is bad enough to make mistakes and cause unbelievable and condemnable injustices — and these numbers are in the thousands. I was told by experts during my research on the book that between 10,000 and 30,000 innocent people were serving prison sentences. Or consider: At least 200 people sentenced to death since 1973 were later exonerated, according to the Death Penalty Information Center.
I started a one-person campaign to change the legal ethic on this issue. Over several years, I contacted bar associations, legal committees, judges, legal grievance committees, even the Michigan Supreme Court which, I was told, debated my petition “robustly” but decided to do nothing. The justices are obviously comfortable with letting the innocent languish in prison.
My point is that the code can be changed — and changed very easily — without compromising lawyer-client confidentiality. Logan and I make recommendations in the book which would eliminate the risks of letting the guilty go free without punishing the innocent.
Now, I understand the symbolism of having Lady Justice with a blindfold. But perhaps we ought to remove it to let her see what the hell is going on in our so-called justice system.
————————
Berl Falbaum is the author of “Justice Failed: How ‘Legal Ethics’ Kept Me in Prison for 26 Years.”
COMMENTARY: Governor’s Op-Ed ‘rendered hollow’ by his own illogic
September 30 ,2024
Ohio Governor Mike DeWine recently published an Op-Ed in The New York Times that left me shedding plenty of tears.
:
By Berl Falbaum
Ohio Governor Mike DeWine recently published an Op-Ed in The New York Times that left me shedding plenty of tears.
DeWine, a Republican, was apparently motivated to write the article following ugly, false charges made by Donald Trump and his running mate, J.D. Vance, that Haitian immigrants in Springfield, Ohio, where DeWine was born, are eating the pets of Springfielders.
With lots of nostalgia, DeWine devotes many words to the fond memories he has of Springfield, and the hours he and his wife, when dating, spent enjoying the local theater and restaurants.
He tells us:
“The Springfield I know is not the one you hear about in social media rumors. It is a city made up of good, decent, welcoming people. They are hard workers — both those who were born in this country and those who settled here because, back in their birthplace, Haiti, innocent people can be killed just for cheering on the wrong team in a soccer match.”
I was at the stage of swallowing often and hard as I read his moving words. When he gets to the subject of “pet eating,” he writes:
“It is disappointing to me that Springfield has become the epicenter of vitriol over America’s immigration policy, because it has long been a community of great diversity. Fran [his wife] and I were reminded of this when we attended Mass at St. Raphael…and stopped at the nearby Groceryland on our way home. We talked with community members from many backgrounds who are understandably concerned about the negative things being said about their city in news reports and on social media.”
Given the bomb and other violent threats that followed, DeWine wrote that as governor, “I have posted Ohio Highway Patrol troopers in each school building in Springfield so the schools can remain open, teachers and children can feel safe, and students can continue to learn.”
Then I read, “As a supporter of former President Donald Trump and Senator J.D. Vance, I am saddened by how they and others continue to repeat claims that lack evidence and disparage the legal migrants living in Springfield. This rhetoric hurts the city and its people, and it hurts those who have spent their lives there.”
I reread those sentences several times. Yes, “As a supporter…” is in the present tense. He still backs the Trump-Vance ticket. He explained:
“The Biden administration’s failure to control the southern border is a very important issue that Mr. Trump and Mr. Vance are talking about and one that the American people are rightfully deeply concerned about. But their verbal attacks against these Haitians — who are legally present in the United States — dilute and cloud what should be a winning argument about the border.”
So, DeWine implies that he is not so much offended by the attacks on Haitians in Springfield, but rather that be believes the smears are not an effective political strategy. Stick to attacking Biden-Harris on the porous Southern border.
Now, that brought more tears, tears of a different kind.
With tissues in hand, I consumed lots of media coverage on this Op-Ed with headlines blaring how DeWine blasted Trump and Vance, but none pointed out that he still backs the two. I moved on.
Desperately trying to control my emotions, I wondered what DeWine thought about Trump’s role in the January 6 insurrection and also his efforts to overturn the 2020 election.
DeWine condemned the insurrection but I could not find any comments by him about Trump’s role in inciting it or doing nothing for 187 minutes — more than three hours — to stop it.
As to the election, he believed that Biden won but got into a heated argument with a CNN news anchor when he claimed Trump had legitimate reasons to question the results.
Now the tears came down in cascades but they changed from tears of sympathy when DeWine discussed his feelings for Springfield and its residents to tears of disgust for his political hypocrisy.
I seldom read comments at the end of news articles, but I did scan those at the end of DeWine’s piece (about 200 or so). All but a handful condemned him for his continued support of Trump and Vance, with “Chris” writing:
“[DeWine] decries the actions of Trump/Vance, yet continues to support them. That's all I needed to see — beautiful prose rendered hollow by craven political cowardice.”
Those who have been reading these ramblings through the Trump years, know what’s coming. DeWine is the next recipient of our Pence Outstanding Hypocrite Award (POHA).
But the certificate which accompanies this honor (dishonor) will be tear-drenched.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
Ohio Governor Mike DeWine recently published an Op-Ed in The New York Times that left me shedding plenty of tears.
DeWine, a Republican, was apparently motivated to write the article following ugly, false charges made by Donald Trump and his running mate, J.D. Vance, that Haitian immigrants in Springfield, Ohio, where DeWine was born, are eating the pets of Springfielders.
With lots of nostalgia, DeWine devotes many words to the fond memories he has of Springfield, and the hours he and his wife, when dating, spent enjoying the local theater and restaurants.
He tells us:
“The Springfield I know is not the one you hear about in social media rumors. It is a city made up of good, decent, welcoming people. They are hard workers — both those who were born in this country and those who settled here because, back in their birthplace, Haiti, innocent people can be killed just for cheering on the wrong team in a soccer match.”
I was at the stage of swallowing often and hard as I read his moving words. When he gets to the subject of “pet eating,” he writes:
“It is disappointing to me that Springfield has become the epicenter of vitriol over America’s immigration policy, because it has long been a community of great diversity. Fran [his wife] and I were reminded of this when we attended Mass at St. Raphael…and stopped at the nearby Groceryland on our way home. We talked with community members from many backgrounds who are understandably concerned about the negative things being said about their city in news reports and on social media.”
Given the bomb and other violent threats that followed, DeWine wrote that as governor, “I have posted Ohio Highway Patrol troopers in each school building in Springfield so the schools can remain open, teachers and children can feel safe, and students can continue to learn.”
Then I read, “As a supporter of former President Donald Trump and Senator J.D. Vance, I am saddened by how they and others continue to repeat claims that lack evidence and disparage the legal migrants living in Springfield. This rhetoric hurts the city and its people, and it hurts those who have spent their lives there.”
I reread those sentences several times. Yes, “As a supporter…” is in the present tense. He still backs the Trump-Vance ticket. He explained:
“The Biden administration’s failure to control the southern border is a very important issue that Mr. Trump and Mr. Vance are talking about and one that the American people are rightfully deeply concerned about. But their verbal attacks against these Haitians — who are legally present in the United States — dilute and cloud what should be a winning argument about the border.”
So, DeWine implies that he is not so much offended by the attacks on Haitians in Springfield, but rather that be believes the smears are not an effective political strategy. Stick to attacking Biden-Harris on the porous Southern border.
Now, that brought more tears, tears of a different kind.
With tissues in hand, I consumed lots of media coverage on this Op-Ed with headlines blaring how DeWine blasted Trump and Vance, but none pointed out that he still backs the two. I moved on.
Desperately trying to control my emotions, I wondered what DeWine thought about Trump’s role in the January 6 insurrection and also his efforts to overturn the 2020 election.
DeWine condemned the insurrection but I could not find any comments by him about Trump’s role in inciting it or doing nothing for 187 minutes — more than three hours — to stop it.
As to the election, he believed that Biden won but got into a heated argument with a CNN news anchor when he claimed Trump had legitimate reasons to question the results.
Now the tears came down in cascades but they changed from tears of sympathy when DeWine discussed his feelings for Springfield and its residents to tears of disgust for his political hypocrisy.
I seldom read comments at the end of news articles, but I did scan those at the end of DeWine’s piece (about 200 or so). All but a handful condemned him for his continued support of Trump and Vance, with “Chris” writing:
“[DeWine] decries the actions of Trump/Vance, yet continues to support them. That's all I needed to see — beautiful prose rendered hollow by craven political cowardice.”
Those who have been reading these ramblings through the Trump years, know what’s coming. DeWine is the next recipient of our Pence Outstanding Hypocrite Award (POHA).
But the certificate which accompanies this honor (dishonor) will be tear-drenched.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
headlines Oakland County
- Distinguished servant: Chief judge makes his mark on Oakland County Circuit Court
- Vice president of asphalt paving company pleads guilty to bid rigging
- Law school’s Student Bar Association hosts Barristers’ Ball
- Whitmer signs bills to cut red tape, address criminal justice reform, and more
- The flood of ghost guns is slowing after regulation. It's also being challenged in the Supreme Court
headlines National
- Lawyers as Explainers: Remember, you are writing for intelligent people
- Lawyer accused of storing 1,000 pounds of marijuana at law office enters guilty plea
- MacArthur ‘genius grants’ fellows include law prof, domestic violence researcher
- About half of surveyed lawyers are satisfied with their law firm compensation, survey finds
- Judge allows malicious prosecution claim in attorney’s countersuit against McElroy Deutsch
- After Hurricane Helene, court deadlines extended, misconduct hotline activated
