Next Monday is a deadline if you want to vote in the August 9 Michigan primary elections

Want to vote in the next primary election? Then register to vote by next Monday, July 9. Article here.

Summer parenting time, and requesting to change schools - Q: I may need legal help, my ex wife won't follow the court order

Q: My ex keeps changing the summer schedule on me, and now she is asking to change next year, for the school district our kids are enrolled in, what should I do? 

A:You really have two questions here, first on the summer parenting time, and the second is change of schools. 
First:
 If you have a court order that summarizes when and where parenting time should take place in the summer months, both of you have to follow it.

However, if you and she have had a verbal agreement, where each of you agrees to what to do with the kids in the summer, it might be hard to say "she's violating the order," since there is no specific times - in writing - that you can show she hasn't done.

Sad to  say, it would have been better to get everything settled in advance of when summer time came, but I understand that sometimes this is hard to do, since camps have waiting lists, day care has staff changes, etc., during the summer months. The best thing is to keep in communication with her, the camp, the day care, etc., as the summer is being planned -- that way no unpleasant surprises are waiting for anyone.

Second:
Change of schools is a whole different issue. Most parents who share custody of children share legal custody of the children. These are the decisions in a child's life such as: where to attend school, where and when to go to church (if you do attend church), medical care, and other issues where it is important for the parents to agree.

In other words, one parent typically can't unilaterally decide that the children will change schools. 

It could be that your judgment of divorce (or custody) states what school district the children are to attend. But if it  doesn't, you should get separate legal advice on this issue to see if you need a motion to help decide the proper school district.

There is a good bit of case law on this issue - so again - I suggest you have an attorney review your current orders, and facts to help you. 

Q: How do I get rid of a misdemeanor on my record? Michigan law Q &A

Q: I had a conviction in 2008 for a traffic offense. I'd prefer to have that removed from my record, is there a way I can go about this? 

A: Yes, you can do this. The process is called "expungement," or also a "motion to set aside." The relevant law can be found here.

You have to apply for this in the county where the conviction happened. To meet the statutory requirements, it has to be more than 5 years since the offense. If your conviction was a misdemeanor, you can't have more than 2 misdemeanors (and only can set aside one) ; if your offense was a felony, you can't have any other felony offenses.

It does get a little more technical than that, so I hope that your criminal record isn't too involved, and in any case I hope you seek separate legal advice before you request this motion.

It also helps - a lot - to add evidence to your motion of your current good character. In other words, you've learned your lesson, and you are not likely to continue to break laws, and you won't be a concern to the legal system.

You also mention in your question that this was a "traffic offense." I am sorry to say that some types of criminal convictions can't be set aside under the statute, and convictions for drunk driving are one of those - so if you were convicted of impaired driving, operating under the influence, etc., your motion will fail. Again, seek separate legal advice before  you begin, even if you apply for the motion without a lawyer.
Yours,
Nancy

State bar reciprocity - what does it mean, what states do it

Imagine you're a lawyer, licensed in one state, and you'd like to move to another state. Or you get a case that is in another state - can you go to set up your practice in a new state, or take the out-of-state case? Possibly yes, if your state has reciprocity with the other.

State bars set their own reciprocity rules. If a state has decided not to reciprocate, then to practice in the "new" state, a lawyer has to take the bar exam for that state.

A good place to start researching this topic is here: Bar reciprocity.com

Keep in mind that the reciprocity process is not over night - anecdotal evidence suggests that the process can take 6 months. So if you're licensed in North Dakota, for example, practice for five years, then apply for reciprocity to Michigan, don't expect to be admitted overnight. Instead, the state bar will let you know in six months. 

GRPD under scrutiny after 11 year -old is handcuffed, NAACP comments

Article here.

GRAND RAPIDS, MI - The local NAACP says Grand Rapids police used excessive force in the controversial handcuffing of an 11-year-old girl at gunpoint while searching for a stabbing suspect.
"The officers involved violated Honestie Hodges' Fourth Amendment Constitutional right, in addition to using excessive force," the Grand Rapids branch of the NAACP said in a statement.

Michigan news: Roadside testing to include drug testing (if impairment is suspected)

But is it accurate? Answer unclear, ask again later. 

The pilot program is expected to last for a year. If a driver is suspected of impaired driving, a specially-trained officer can use a handheld device to test that person's saliva for the presence of certain drugs.

Drugs that can be tested for include amphetamine, benzodiazepines, marijuana/cannabis, cocaine, methamphetamine and opiates.

Article here. 

Marijuana law update: possible ballot proposal for 2018 to legalize marijuana for recreational use

Have you been asked to sign the petition? 

If approved, the petition would legalize personal possession, cultivation, and use of limited amounts of cannabis for adults 21 and older and license marijuana-related businesses. The petition also calls for testing and safety regulations for retail marijuana, legalizing cultivation of industrial hemp and taxing marijuana with a 10 percent excise tax and 6 percent sales tax.

Article here.