From: Haytham Faraj <haytham@puckettfaraj.com>
Subject: Committee E-Vote Request - HAYTHAM FARAJ
To: "'Carrie Sharlow'" <CSHARLOW@mail.michbar.org>, "'Michael Gordner'" <mgordnerlaw@bellnet.ca>, "'Richmond Riggs'" <rriggs@co.genesee.mi.us>, "'Abed Hammoud'" <ahammoud@co.wayne.mi.us>, "'Angela Povilaitis'" <apovila@co.wayne.mi.us>, "'Julie Powell'" <jpowell1@co.wayne.mi.us>, "'Barry Poulson'" <b.poulson@computer.org>, "'Donna McKneelen'" <mckneeld@cooley.edu>, "'Samuel Smith'" <smiths@courts.mi.gov>, "'Donald E. McGinnis, Jr.'" <dmcginnis@dmcginnis.com>, "'Daniel Corrigan Grano'" <dgrano@floodlawcenter.com>, "'Nichole Jongsma Derks'" <nderks@fosterswift.com>, "'Jenna Bonmarito'" <lawofficeassistant1@gmail.com>, "'John Livesay'" <livesayj48@gmail.com>, "'John
Freeman'" <formerfedlawyer@hotmail.com>, "'Kimberley Reed Thompson'" <kdrr@hotmail.com>, "'Hon. David Hoort'" <dhoort@ioniacounty.org>, "'Erika Julien'" <esjulien@julienlaw.com>, "'J. McKay'" <Kevin.McKay@kentcountymi.gov>, "'Gretchen Schlaff'" <gretchen.schlaff@macombcountymi.gov>, "'James Heath'" <HeathJ@michigan.gov>, "'Adam Mittman'" <miattorney@tds.net>, "'Timothy Havis'" <hlopllc@yahoo.com>, "'John Jarema'" <johnajarema@yahoo.com>, "'Paul Bukowski'" <paulbukowski@yahoo.com>
Cc: "'Elizabeth Lyon'" <ELYON@mail.michbar.org>
Date: Tuesday, March 22, 2011, 9:28 AM
Dear Carrie and Committee Members:
Here are my votes:
1. A
2. A
3. A
4. A
5. C
6. B I categorically oppose this Bill in the strongest words possible. This further dilutes a defendantâs right to confrontation. There is ample case law that allows judges to permit alternatives to live testimony based on certain indicia that a judge must decide on a motion of a party âalways the prosecution- to protect certain witnesses. This Bill is unnecessary and uses ambiguous language that will certainly be abused to deny defendants the right to confrontation. The principle behind a trial before a jury is that it becomes the crucible for discovering the
truth. The jury decides who is truthful based not only on the words used by a witness but on the demeanor, volume, tone, body language, hand movements and even facial movements, among other intangible human factors. Denying a jury the opportunity to observe every witness in person based on a representation that a witness is vulnerable eviscerates the very reason why our founding fathers adopted the jury system. Moreover, this Bill ignores the role of the judge in a courtroom. A judge is not just a mere silent observer who comes to life when a party objects. Judges always step in to prevent harassment of a witness, to stop irrelevant questions or those that merely seek to embarrass.
7. A
8. A
With respect to matter #6, permitting video or closed circuit testimony. I am moving to table this matter until
Committee Members:
In the absence of a quorum at Thursdayâs Criminal Jurisprudence & Practice Committee Meeting, we are requesting an e-vote. If you were unable to attend the meeting on March 17, please vote on the positions listed below by Thursday, March 24.
Your voting choices are:
A. Support the Committee Position
B. Oppose the Committee Position
C. Abstain from Voting
1. 2010-17 Proposed Amendment of Rule 3.707 of the Michigan Court Rules
This proposal, submitted by the Michigan Judges Association, would clarify that the right to bring a motion to modify or terminate a personal protection order as established by MCR 3.707 applies to ex parte PPOs.
Committee Position: Support the proposal only if a good cause exception to modify or terminate a Personal Protection Order, ex-parte or otherwise, is added to the proposal.
2. 2008-28 - Proposed Amendment of Rule 6.005 of the Michigan Court Rules
The proposed amendment would revise MCR 6.005(H) to clarify that appointed defense counsel in a criminal proceeding either must file a substantive response to a prosecutorâs application for interlocutory appeal or notify the Court of Appeals that the lawyer intends not to submit a pleading.
Committee Position: Oppose due to the lack of a funding mechanism for the payment of fees for appellate work done by appointed trial counsel.
3. Prisoner Identification
HB 4074 (OâBrien) Corrections; prisoners; certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents; require, and require prisoners to obtain certain records. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) & adds sec. 34b.
HB 4075 (Shirkey) State; identification cards; forms of identification necessary to apply for a state identification card; include corrections identification card and allow access to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291).
HB 4076 (Damrow) Traffic control; driver license; forms of identification necessary to apply for driver license; include corrections identification card. Amends sec. 307 of 1949 PA 300 (MCL
257.307).
HB 4077 (Glardon) Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL
771.14).
Committee Position: Support the proposed legislation.
4. HB 4164 (Oakes) Traffic control; other; option of community service in lieu of payment of driver responsibility fees for certain low-income individuals; provide. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.
Committee Position: Support in concept but remain opposed to the driver responsibility fees.
5. HB 4261 (McMillin) Crime victims; rights; names and addresses of minors who have been victims of child abuse or sex crimes; allow to be exempted from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).
Committee Position: Support the bill.
6. HB 4327 (Brunner) Civil procedure; evidence; testimony of a vulnerable adult; allow to be presented by videotape or closed-circuit television under certain circumstances. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
Committee Position: Support in concept provided that two-way interactive technology phrasing is used instead of video recording.
7. HB 4392 (Segal) Crimes; other; court to defer prosecution of person less than 18 years convicted of cyberbullying; allow under certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 4b to ch. IX.
Committee Position: Support the legislation but oppose subsection (4) providing for mandatory punishments. The committee feels that subsection removes the judgeâs discretion with the word âshall.â The committee feels this âshallâ should be changed to âmayâ to keep the subsection in line with the rest of the bill.
8. HB 4403 (Jackson) Courts; juries; individuals who fail to return jury questionnaires; ensure continued eligibility for jury service. Amends sec. 1313 of 1961 PA 236 (MCL 600.1313).
Committee Position: Support the legislation.
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