Friend of the Courts Advised to Stop Extorting Money From Michigan Citizens

Many of the various courts' employees frequently read Family Court Reports, which is why it is here. Finally the State Court Administrator's office advised the Friend of the Courts to stop extortion tactics of Michigan Citizens and they have some new directives from the Michigan State Court Administrator's Office with regard to the felony prosecution referral issues. In the past people were complaining that Friend of the Court Offices were threatening them to pay or go to jail which qualifies under the extortion statute (MCLA 750.213) in Michigan. You might remember the article written last year and circulated to judges, referees, and friend of the court officials titled:

Has the Friend of the Court Attempted to Extort Money From You? (Lary Holland)

People were definitely answering yes to the question that the article posed. Well just recently the SCAO issued new guidelines.

The new SCAO Guidelines for Felony Prosecution include a new item:http://courts.michigan.gov/scao/resources/other/scaoadm/2008/2008-03.pdf

FOC communication with a payer who may be referred for prosecution
TheFOC must communicate with payers concerning the civil aspects of the
case -- even with payers who have been referred for criminal prosecution. The FOC should refrain from discussing the criminal proceedings with the payer and should not threaten to refer the case for criminal prosecution in an attempt to obtain child support payments in the case.10 The FOC does not have the authority to negotiate settlement of a pending criminal action.

10 MCL 750.213 reads: Sec. 213. Malicious threats to extort money - Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his will, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years or by a fine of not more than $10,000 dollars.