Lary Holland: Official Blog, Links, and Resources (Entries tagged as in general)

Fathers - 4- Justice Planning March Sunday July 26, 2009 (Parents Day)

laryholland@sbcglobal.net (Lary Holland) — Wed, 22 Jul 2009 23:39:40 -0400

Here is an event that you can participate in on Parents Day 2009. (July 26, 2009). A march for parents from Upper Senate Park on Sunday at 9AM to the National Christmas Tree with speaking at 12:00PM. See you all there!Fathers Justice Flyer 2009

Lighting Candles Worldwide: Event that you can encourage locally

laryholland@sbcglobal.net (Lary Holland) — Tue, 11 Nov 2008 11:30:31 -0500

Now here is a novel approach to advocacy that you can prepare for this week. Lighting Candles Worldwide... How cheap is a candle for you, your family, and your friends. Take out an ad with your local non-profit organization, or one of your choosing, and let your local community know a place that you will be at to light candles on December 18, 2008 (7PM Eastern) for our children and their need to have both parents and extended family members involved in their lives.

From the Lighting Candles Worldwide Website:

Imagine for a moment Lighting Candles World Wide and all at the same time. Imagine your child knowing we are Lighting Candles World Wide just for them.
We have given this a lot of thought and we have come to the conclusion that everyone can light a candle at their home or in their home town at a designated place.
You can be apart of Lighting Candles World Wide to show a united front for the children and their need to have both parents and grandparents in their lives.
We have chosen December 18, 2008 at 7:00 PM Eastern Standard Time (more time zones below) for our first annual Lighting Candles World Wide which is exactly one week before Christmas. This is the hardest time of year for those missing their children, but especially for the children who are missing a parent or grandparents or in some casessiblings and of course their extended family.

Thank you to Three-Sides-To-Every-Story for initiating this simple and effective event that people in every community can enjoy. Just take an ad out this week or next and let people know about it. Work with a church, school, or other non-profit organizatons to bring this issue to the public eye. Be sure to invite press and have a press release ready.

Happy Birthday Esilanna. I love you!

laryholland@sbcglobal.net (Lary Holland) — Fri, 01 Aug 2008 05:43:00 -0400

I will never forget that day in the pumpkin patch Esi! You were so wonderful in the pumpkin patch play that beautiful day! Dad is thinking of you and Lary always!

Lary Holland Speaks Again To Flint City Council

laryholland@sbcglobal.net (Lary Holland) — Sun, 12 Aug 2007 19:56:07 -0400

You may remember recently that Brian Downs and myself both spoke to the Flint City Council asking support for Michigan House Bill 4564, Michigan's presumption of equal custody bill. I ventured back in July to speak further to the Flint City Council. See below the presentation that I provided again to the Flint City Council. Also, Council Member Jackie Foster Poplar spoke in support of the bill and indicated that she issued a letter to Lansing about supporting House Bill 4564. She also told her side of the story in the below video which I encourage all of you to view. You can also send letters/emails of support directly to Jackie Poplar at jpoplar@cityofflint.com thanking her for supporting this critical issue.

"I Have Work To Finish" Lary Holland to the Grim Reaper

laryholland@sbcglobal.net (Lary Holland) — Mon, 25 Jun 2007 14:28:11 -0400

The Grim Reaper came to collect a little bit early again and he granted me an adjournment "sine die" while I complete my work here.

I met a gentleman the other day named Mr. Reaper, he was an old friend. He came to collect a bit early and granted me another adjournment, this one "sine die."

Some of you may have heard that either the Friend of the Court attempted a mail bomb hit on me or I was in a freak accident. The reality of it was, I was in an explosion. This explosion was at point blank range and it happened on Thursday in the middle of the day. I was standing next to a truck with a large gasoline tank, the kind that holds over 30 gallons or more. As I approached the tank on the driver's side I heard the sound of a canon and a blaze of metal and fire exploded into me.

I was able to block the main fireball (the majority of it) from my face with my left forearm. Unfortunately, bare skin does not hold up very well against Gasoline Liquid, Gasoline Vapor, and the Explosive Force necessary to escape a solid rusty metal tank.

http://www.burnsurgery.com/Documents/gasoline_safety.doc

1 gallon of gasoline = 20 sticks of dynamite

Now some things that I happened to learn about was:

"In spite of the routine use of gasoline, many people are unaware of or unappreciative of the dangers of gasoline. Gasoline is dangerous because it is highly volatile – the fumes are capable of ignition up to 12 feet away from a pooled source. This inherent danger is further multiplied by its explosive potential. Flammables burn at close to room temperature (100 degrees F), when they are near a spark, flame, or even static electricity. It can float on water and may spread long distances, making ignition and flash back possible. Gasoline vapor is highly explosive and may ignite as a “fireball” with a temperature of 15,000 degrees F."

Now again, my forearm was able to stop the majority of the fireball as I was escaping on the tail end of the concussive force of the tank exploding into me. As I was hit with the entire force of the metal and rust fragmentation I was also splashed with gasoline and remained on fire. As the doctors have already asked, are you sure that you didn't black out from the force? I keep replying, I wanted to, but I didn't really have time to fall asleep while I was on fire. I immediately had to focused on putting fires out that were still on my body, tearing off clothing and extinguishing open flames that were still on me. This was successful after a considerable amount of damage to my arms and abdominal region both through bruising, shrapnel, and burns.

I obtained a ride from a family member to the nearest walk-in clinic and asked if they were equipped to handle the damage that has occurred to me as it was becoming pretty critical at this point. I needed immediate x-rays to see if my left ribs pierced my lungs, because I was having problems breathing and the amount of visible trauma that had occurred to that general area was pretty visible. They were unable to handle any of the care except to wrap me up. They contacted an ambulance to get me to the nearest hospital. Their surgeon was not equipped to address the damage to my left arm. I received a tetanus shot and a vallium shot and eventually an iv which I refused for sometime. I had to get over it, to get treated.

I was taken by ambulance and arrived at one of Michigan's Burn Centers for them to begin working on me. Each day has been a new set of issues associated with the blast, but it looks like I am finally on my last full day at the Hospital. I will be checking out tomorrow after I am cleared by a neurologist and an ear nose and throat specialist regarding some equilibrium and migraine issues. The bottom line is, I have alot of work to do, and I don't have time to lay down and die. We all have alot of work to do, so let's get it done!

Support: the Bike Trek for Equal Parenting Trip (August 11 - 18, 2007)
Support: the DC Rally for Equal Parenting (August 18, 2007)
Support: Budget Cuts for Title IV-D Services
Support: House Bill 4564

The 49th Annual Frankenmuth Bavarian Festival

laryholland@sbcglobal.net (Lary Holland) — Mon, 11 Jun 2007 23:13:37 -0400

The 49th Annual Frankenmuth Bavarian Festival, raising awareness of Equal Parenting.

On June 10, 2007 I thought it was time to raise awareness of House Bill 4564 by talking to people on the street before and after the Frankenmuth Bavarian Festival Parade. I discussed Equal Parenting and passed out business cards and provided information about Michigan's Equal Parenting Bill, House Bill 4564.

This is only a fraction of the effort that is being placed into raising awareness of the issues surrounding Michigan's Families and how Federal Funding Obstructs Children's Substantially Equal access to both of their parents.

Events will be happening all Summer long, including the Bike Trek for Equal Parenting and also the Washington DC Rally for Equal Parenting. I will be participating in all of the events and making sure that footage is generated at every event.

Kent County Friend of the Court staff and judges should realize that I will be living up to my promise of ensuring that their funding is cut for the willful interference and enabling of the willful deprivation of a child's right to equal access to both fit and willing parents. More people than ever are understanding the cause of the problems associated with the appearance of bias and discrimination in the family court courtrooms. There is a dollar on your children's heads and on one parent's heads, AND THE JUDGE'S GET TO SET THE AMOUNT THAT MOST BENEFITS THEIR OWN OPERATIONS. It's time to reign in free for all welfare programs that encourage the breakup of families.

Happy Birthday to My Son

laryholland@sbcglobal.net (Lary Holland) — Sun, 20 May 2007 22:40:00 -0400

Happy Birthday to my now 8 year old son!!! He is kept from half of his family and the world knows that we all love him and are here waiting. Our doors are always open. Aunt Kari, Grandpa, Grandma, Buddy, and the rest of his family love and miss him.

In Case You Missed It: Father Reunited With Daughter!!

laryholland@sbcglobal.net (Lary Holland) — Thu, 10 May 2007 22:42:32 -0400

A father was finally reunited with his daughter after a year and half! A dad had sole custody of their daughter and the mom showed up at dad's house and took off with the little girl and was nowhere to be found. Mom concealed the daughter for over a year. Eventually America's Most Wanted caught up and reunited the dad with his daughter after a couple of weeks of being aired and tipsters reporting the location of the child and the mom. This was truly a happy reunion indeed. Check out the video below from March 25, 2007:

Preparing for Iowa Rally

laryholland@sbcglobal.net (Lary Holland) — Sat, 21 Apr 2007 11:47:15 -0400

Well we made it to Iowa early this morning and grabbed some sleep when we came in. Now we are preparing for the Equal Parenting Rally in Iowa. You can visit Iowa Fathers (http://www.iowafathers.com) for more information specific to the rally. Minister Ron Smith, Dr. Stephen Baskerville, Dr. Mark Klein, and many others have joined up for the Iowa Fathers Equal Parenting Rally. More to come, including video and pictures.

Michigan's Judiciary Has Little to No Real Oversight

laryholland@sbcglobal.net (Lary Holland) — Mon, 12 Feb 2007 14:25:38 -0500

Michigan's Judicary has little to no real oversight over its members. With a quarreling Supreme Court, a dysfunctional Judicial Tenure Commission, and a defunct Attorney Grievance Commission, it looks like the system can't be trusted to police itself.

Michigan's Judiciary has come into the spotlight after continuously being exposed by organizations like Halt for not having adequate administrative controls and oversight in place to deal with complaints by citizens about lawyers and judges that supposedly "police themselves." As with any other organization that "polices" themselves you find little to no action taken because they appear to operate more like a secret society than an oversight board, protecting their own from public disgrace for their actions.

Grievances stacked up unheeded

Arrested lawyer has unblemished record with state watchdog

FLINT

THE FLINT JOURNAL FIRST EDITION

Sunday, February 11, 2007

By Ron Fonger

rfonger@flintjournal.com • 810.766.6317

QUICK TAKE

Taking on an attorney

Filing a misconduct complaint against an attorney in Michigan isn't difficult, but seeing it result in discipline against a lawyer doesn't happen easily. Here's how the process works:

1. Anyone may ask for an investigation against an attorney licensed by the State Bar of Michigan or otherwise allowed to practice in the state. You can get a "request for investigation" form from the Attorney Grievance Commission at (313) 961-6585 or www.agcmi.com.

2. A board of six attorneys and three nonlawyers appointed by the state Supreme Court for set terms oversees the AGC. Since 1997, the commission has received 3,000 to 4,000 requests for investigation a year.

3. Attorneys who work for the commission investigate complaints. Most complaints - more than 95 percent in 2005 - are dismissed or resolved in secret.

4. If the commission finds a complaint has merit, it can authorize filing a formal complaint with the state Attorney Discipline Board, a nine-member agency with six attorneys and three nonlawyers that hears those complaints.

5. An ADB committee of three volunteer attorneys determines whether a preponderance of the evidence shows misconduct. Its findings in those cases are open to the public.

6. If the board finds a violation of Michigan Court Rules, the panel hearing the case must conduct a second phase of the hearing to determine discipline, up to revocation of a license.

7. An attorney, complainant or the grievance administrator for the AGC may appeal the ADB hearing panel's decision to the full ADB, which can uphold, change or nullify the hearing panel's finding.

8. The ADB's decision may be appealed to the state Supreme Court.

FLINT - So many people have complained about attorney Shannon H. Pitcher's erratic behavior, she could have had her own mailbox at Michigan's Attorney Grievance Commission.

But the agency that polices Michigan lawyers never stopped Pitcher from practicing law, In fact, it has never even publicly reprimanded her despite warnings from citizens, police, a prosecutor and at least one judge.

Despite a history of unsatisfied clients and a mountain of personal legal problems, Pitcher still has an unblemished record with the commission two months after her arrest on charges she stole from the clients she was appointed to protect.

Even her own attorney is surprised by the lack of action.

Genesee County Sheriff Robert J. Pickell said the commission has moved so slowly that investigators were forced to charge Pitcher with a crime sooner than they wanted just to get the lawyer out of the courtroom. A judge has since ordered her to stop practicing law as a condition of her bond.

"I put them on notice, and even after I did that, she continued to take cases and practice law," Pickell said. "They do a disservice to all the good lawyers when they allow (her) to continue conning, scamming and fleecing people."

Only the commission and Pitcher know how many times clients have complained about some of the same issues that eventually led to the criminal charges against her.

The nine-member commission - made up of six attorneys and three nonlawyers - oversees an agency of attorneys who quietly investigate complaints against other lawyers, forwarding the worst cases of misconduct or incompetence to the state Attorney Discipline Board for action.

Complaints are considered confidential by Michigan court rules and the Grievance Commission, and the public never finds out about the vast majority of allegations against attorneys because they don't result in public discipline. More than 95 percent of the complaints lodged in 2005 did not result in discipline.

Six people, however, have detailed their complaints against Pitcher to The Flint Journal, and some say the process intended to weed out problem attorneys has shown itself flawed.

Flint native Theodore A. Golden is using his Web site, www.tagolden.com, to push for a constitutional amendment to let voters, not the state Supreme Court, choose who sits on the Grievance Commission.

"How can a grievance board see this stuff in black and white and not act on it?" said Nancy Erickson, who filed a formal complaint more than two years ago, claiming Pitcher bungled her parents financial affairs when she acted as conservator for them and later falsified documents to cover her tracks.

"I just really think it's a tragedy. She could have been stopped. How many people suffered after I filed that (complaint)?"

James W. Metz, associate counsel for the commission, said he can't discuss how complaints against Pitcher were handled or even acknowledge that anyone has ever complained about her.

Keeping the complaints private is only fair and required by court rules, Metz and others said, because anyone can make a baseless complaint, including disgruntled clients who didn't like how a legal dispute played out or how much they were billed.

"Private investigations are just that," said Metz. "I can't talk to you about private information. ... I can't divulge even the existence of an investigation."

Using the Freedom of Information Act, The Journal obtained letters to the commission from Genesee County Prosecutor David Leyton and Pickell. Each advised the commission about four months ago about the embezzlements they allege Pitcher committed, but the agency took no public action to keep her out of the courtroom.

Pitcher, 35, was arraigned Dec. 11. She was charged with four felony counts tied to her alleged embezzlement of at least $500,000 from clients. She has told investigators that the embezzlement came at a time when she was being blackmailed by a man who threatened to make a sex tape of her public.

Leyton said he was recently told the commission won't decide on pending grievances against Pitcher until the criminal case against her is resolved.

Neither the prosecutor nor Genesee Probate Judge Jennie E. Barkey would comment on the Grievance Commission's handling of the Pitcher complaints. But Pickell said the organization could have done more to protect the public.

The sheriff's Oct. 17 letter to the commission detailed a criminal investigation of Pitcher, including Pickell's contention that she had already taken responsibility for forging court documents, embezzling thousands of dollars from at least 12 clients and commingling money.

Nancy Wonch, a professor of professional responsibility at Cooley Law School, said the system of disciplining attorneys is fair, but it can be slow.

Wonch spent six years as a member of the Attorney Discipline Board, which can suspend and revoke licenses if the Grievance Commission brings a complaint forward.

"It's one thing to bring a case. It's another to prove it," she said. "Sometimes complaints are made, but there isn't the (evidence)."

Wonch said it wouldn't be fair for the commission to make public how many complaints have been filed against attorneys when there is no evidence to make a case of wrongdoing.

"The complaints aren't proven, so why should that person get tarred with that brush?" she asked.

Pitcher's attorney, David Grant, said he's never been contacted by the commission and isn't aware of any effort to discipline her -something that could have forced her to notify clients, for example, that they should make other arrangements for an attorney to represent them.

"I think that's unusual. ... I've been looking out of the corner of my eye, thinking something (like that) was going to happen," Grant said.

One of the things Grant said he expected that never occurred was the appointment of a receiver to coordinate Pitcher's active court files.

Instead, local court officials and volunteer attorneys have attempted to handle those cases without help from the commission, which Erickson said has sheltered Pitcher from harm.

Pitcher filed a five-page response to allegations against her by Erickson, saying Erickson violated courts orders by moving her parents out of Michigan and that she tried to pay bills when her clients had money was available.

Earlier this year, Erickson brought her mother, Irene Menosky, from Wisconsin so that she could live her last days in Flint, where she was born.

Erickson took her mother to Wisconsin after complaining about Pitcher's handling of her finances. Her father, a retired maintenance worker for the Flint School District, died in August 2004.

James E. Schmidt, 60, also complained to the commission about Pitcher after hiring her to represent him in four civil cases in Livingston County.

Schmidt claimed Pitcher repeatedly failed to appear in court after he hired her in June 2004. Four days after Erickson filed her grievance late in 2004, Schmidt also filed a complaint, asking the agency to protect others from Pitcher.

"We have lost assets that could have been saved in the trust by her lack of attorney duty," Schmidt said in a letter to the commission. "Shannon claimed that her expertise was in probate and real estate. However, it is clear she uses that claim to lure vulnerable people into her trap so she can get what she can from them financially as long as she can."

Schmidt blamed Pitcher for losing a Livingston County farm that had been owned by his family since the 1930s, partly because she didn't show up for court hearings.

"I was getting calls (from the court) asking, 'What happened to your attorney?'" Schmidt said. "A couple of times, we drove all the way from Traverse City to Flint to pick up court papers and would drive over to Howell to file them."

===

A history of trouble

The Michigan Attorney Grievance Commission won't comment on pending complaints against Shannon H. Pitcher or those that were dismissed or privately resolved. Pitcher has an unblemished record with the commission even though she is facing criminal charges for embezzlement and several people have filed ethics complaints against her. Here's a closer look:

NOV. 29, 2004: Nancy Erickson of Wisconsin alleges Pitcher bounced checks, failed to account for spending on behalf of Erickson's parents and committed other wrongdoing as their conservator.

DEC. 3, 2004: James E. Schmidt of Traverse City complains of negligence and breach of duty, saying Pitcher failed to file motions on time and appear in court on his behalf.

FEB. 21, 2006: The commission tells Thomas M. Sanders of Lexington that his complaint against Pitcher "will not be pursued any further." Sanders claimed Pitcher failed to file a final accounting for his mother's estate on time and failed to notify him of a hearing date in October 2004.

JULY 5, 2006: Weeks after throwing Pitcher in jail for contempt of court, Genesee Probate Judge Jennie E. Barkey files the first of six complaints against Pitcher.

OCT. 17, 2006: Genesee County Sheriff Robert J. Pickell and county Prosecutor David Leyton write separate letters to the commission, alerting it to a criminal investigation of Pitcher. Pickell's letter says his department has fielded numerous complaints from the courts and family members about Pitcher, including allegations of commingling of funds, embezzlement and negligence.

DEC. 12, 2006: Leyton writes a second letter to the commission, reminding it of the case and informing it that Pitcher has been charged with four felony counts of embezzlement.

***

Protein Wisdom sees RIGHT Through Title IV-D Smokescreen.

laryholland@sbcglobal.net (Lary Holland) — Sun, 11 Feb 2007 19:14:47 -0500

That's right folks, even the folks at Protein Wisdom see right through the Title IV-D smokescreen with one of their newest articles entitled The Mother of All Laws of Unintended Consequences.

Largely supported by Molly Olson's work at CPR in Minnesota, Protein Wisdom detailed the problems with Title IV-D on their front page earlier today.

Simply put, we need to remove the already self-sufficient families from the Title IV-D program so that the unintended consequence of States forcing the middle and upper class families into the program for additional revenue generation is rectified. This will allow the States to shrink 45% of their caseloads, allowing the States to streamline performance to aid those that the program was intended for.

Thanks to Protein Wisdom, tens of thousands more people were made aware of the problems with this unrestricted, free for all welfare program, that is wasting our tax dollars.

Overview of Title IV-D Services: Click Here

How Federal Funding Drives Judicial Discretion... Click Here

Requesting Change: It's a Matter of Administration and Legislation: Click Here

The Weekly Standard Indicts CSE Title IV-D Welfare Program: Click Here

Will Democrats Actually Reduce Our Deficit? Click Here

Following the Title IV-D Money Machine. Click Here.

Thanks Goes To Suzanne Blonder at Halt.Org

laryholland@sbcglobal.net (Lary Holland) — Thu, 08 Feb 2007 23:02:13 -0500

Suzanne Blonder from http://www.halt.org wrote an excellent piece in the Detroit News regarding "Private Punishment of Judges Fails to Protect Public." We appreciate the fact that Halt has been monitoring the Michigan Judiciary. Some of you may remember the piece last month about the mass dismissals by the Judicial Tenure Commission and the JTC's complete disregard for explaining the dismissals. See the article HERE. Copies of all complaints filed against Michigan's Judiciary should continue to be sent to Halt via fax or mail so they can continue to receive feedback on the problems surrounding Michigan's Judiciary. Thank you Halt!

Opinion: Private punishment of judges fails to protect public

Suzanne M. Blonder

A feud between Michigan Supreme Court justices over the confidentiality of their deliberations has begun to throw much needed sunlight on a state judiciary that has operated behind closed doors for far too long. Justice Elizabeth Weaver's recent call for transparency should extend to the state's secretive system for disciplining and removing judges who have abused their power on the bench.

On Jan. 17, the Michigan high court conducted a hearing to identify reforms needed to fix the state's badly broken Judicial Tenure Commission -- the body charged with taking action against unethical state judges. The loudest sounding call came from citizens demanding more information about judges' misconduct and some examination of the hundreds of complaints dismissed annually without written explanations.

Every day, individuals appear in Michigan courts without knowing whether the judge presiding over their case has any history of misconduct because the vast majority of discipline against judges in the state takes the form of private, closed-door sanctions. We wish we knew what sorts of offenses got pushed under the rug -- but that is precisely the problem: we are not told. A judge may have flagrantly violated the state's Code of Judicial Conduct, repeatedly mistreated litigants or even accepted bribes from lawyers -- and in most cases, we would never be the wiser.

Without naming names, the Michigan Judicial Tenure Commission found 35 major ethical transgressions by state judges in 2005 -- not merely alleged violations, but proven offenses. Only two of those cases resulted in formal, public discipline. In the other 33 instances, the Commission elected to issue confidential sanctions and to purposefully seal all information from the public record.

Because private sanctions hold no real professional consequences, judges have nothing to fear from these informal slaps on the wrist. Closed-door discipline simply does not function as a meaningful deterrent against abuses of judicial power. In a system where, according to a 2001 Justice at Stake study, more than one in four Americans doubts judges' honesty and half believe judges are "controlled by special interests," an open record of judges' conduct is critical.

But simply publicizing sanctions is not enough to protect Michigan's litigants. Ninety-five percent of the complaints received by the Judicial Tenure Commission in 2005 were quickly dismissed without any explanation, leaving litigants to wonder whether their complaints received any real consideration and calling into question the integrity of the process. And strictly from a practical point of view, a token notification of a dismissal without an explanation prompts many to file new inquiries which, in turn, sap commission resources.

Explaining the decision to dismiss would help the commission avoid the appearance of impropriety and, more important, demonstrate respect for citizens' rights to voice concerns about judicial misconduct.

Public accountability for Michigan's judges may be just around the corner. Given the vocal call for transparency recently raised at the hearing, the state Supreme Court now enjoys a real opportunity -- to transform the Judicial Tenure Commission into a model system of transparent judicial oversight that strengthens citizens' trust in their local judges and restores integrity to the state's third branch. Do the hundreds of thousands of parties who come before judges every year in Michigan courtrooms deserve any less?

Suzanne M. Blonder is senior counsel at HALT -- An Organization of Americans for Legal Reform, a nonprofit public interest group in Washington, D.C. E-mail: letters@detnews.com.

Detroit Free Press: 65% of Michigan Voters Support "Yes" Vote on Proposal 6

laryholland@sbcglobal.net (Lary Holland) — Mon, 04 Sep 2006 23:24:40 -0400

For Immediate Release: September 4, 2006

Contact: Lary Holland, Iosco County Chair
747-0079
Stop OverSpending proposal will help create jobs, slow exodus of residents from Michigan, lower taxes by ending legislative pensions and limiting the unrestricted growth in state spending.

OSCODA, Mich. – Nearly two-thirds of Michigan voters plan this November to vote "yes" on Proposal 6, a statewide ballot measure that would eliminate state legislators' taxpayer-financed lifetime pensions and limit increases in state government spending to the annual rate of inflation plus state population growth unless voters approve larger spending hikes, the Detroit Free Press reported Monday. http://www.freep.com/apps/pbcs.dll/article?AID=2006609040341

Sixty-five percent of likely voters surveyed last week responded "yes," the Free Press reported, when asked by pollsters if they would support "a proposal that would do two things: First, halt any future contributions by state government to pensions for state legislators, and second, require voter approval for increases in state and local government spending above the rate of inflation."

Lary Holland of Oscoda, Iosco County chairman of the YES on Proposal 6 campaign, said voters "are clearly fed up with politicians in Lansing and want more say in how our tax dollars are spent."

"Just eliminating lifetime pensions for politicians will save taxpayers over $800,000 a year," Holland said. "Beyond that, Proposal 6 puts the people in charge by putting a reasonable, modest limit on how much government spending can increase every year and requiring voter approval first before politicians can spend above that reasonable limit."

Holland said voters also agree with the Michigan chapter of the National Federation of Independent Business, which endorsed the measure after 78 percent of Michigan NFIB members responding to an internal poll supported a "yes" vote on Proposal 6. "This poll indicates that voters overwhelmingly understand, as small business leaders have pointed out, that limiting the growth of government spending and taxes will help Michigan create and attract the new jobs we desperately need right now to support our families."

NFIB/Michigan State Director Charlie Owens said in a news release endorsing the proposal, “I think small business owners sense a direct link between our state and local governments’ tendency to tax and spend at a higher level than most other states, and the fact that businesses are fleeing Michigan for better economic climates.” http://www.nfib.com/object/IO_29724.html

The poll also found that 21 percent said they would oppose the proposal, the Free Press reported, while 14 percent said they were unsure. The poll was conducted last week by Selzer & Co. Inc. of Des Moines, Iowa, which surveyed 803 likely voters and has a margin of error of plus or minus 3.5 percentage points.

Last week, the Michigan Secretary of State's office found that 80 percent of the over 500,000 signatures gathered statewide in support of Proposal 6 are those of valid registered voters, far more than the 317,000 required to place the proposal on the November general election ballot.

The bipartisan state Senate Fiscal Agency reported earlier this month that Proposal 6 will prohibit pensions for future members of the Legislature, saving taxpayers $837,000 a year. www.senate.michigan.gov/sfa

The proposal would also allow state government spending to increase each year, but limit that increase to no more than the annual rate of inflation plus the annual percentage of Michigan’s population growth. Lawmakers could increase spending above and beyond the allowed increase limit by placing a higher spending proposal on the ballot for voter approval. The proposal would also require local voter approval of all new city and county fees, assessments, and long-term indebtedness.

The bipartisan Senate Fiscal Agency reported that beyond the $837,000 annual savings on lawmakers' pensions, "it is difficult to suggest any other direct fiscal impact that passage of the constitutional amendment would have on the budgets of state or local units of government.”

The increase in this year’s state budget over the previous year, the agency reported, is actually less than the inflation and population growth limit the measure would establish. Supporters say that proves how reasonable the proposed limit is, and that its primary effect will be to ensure spending increases remain at a reasonable rate after Michigan's economy recovers.
# # #

Requesting Change: It's a Matter of Adminstration and Legislation

laryholland@sbcglobal.net (Lary Holland) — Sun, 20 Aug 2006 09:32:00 -0400

Requesting Change begins with holding the U.S. Department of Health and Human Services to the intent of Title IV-D Welfare.

Preventing the States from using Title IV-D welfare to generate revenues is essential for program success and is required for States to focus on providing a safety-net for needy families. Improved administration and legislation that limits Title IV-D incentives for increasing the number of broken homes will keep over participation problems from plaguing Title IV-D and allow States to focus on needy families.

Find here my letter to Dr. Wade Horn requesting both administrative controls and legislative modifications of the program to be put into place.

To see Eagle Forum Education & Legal Defense Fund's endorsement click this link. A list of additional supporters and endorsements will be provided at a later time.

The Federal Government needs to bring Title IV-D back into compliance with its original intent (recuperate money expended through TANF/AFDC) and improve the program for needy families not streamline it for state revenue generation by preventing children substantially the same access to both parents.

If your organization wants to endorse this effort, you may fax your endorsement or letter of support to 989-764-5920 addressed to Dr. Wade Horn stating that "Our organization supports the proposed modifications of Title IV-D requested on July 17, 2006") Others are already circulating this effort in Washington D.C.

Remember, Title IV-D in 2006 amounts to over $4.2 BILLION dollars out of your Social Security for the inclusion of the wealthy and middle-class into this welfare program. The program currently rewards States for preventing children from having equal access to both parents and conflicts with Healthy Marriages and two responsible parents. It's time to get real and fix this drastic social and economic problem created by Title IV-D. Join in to help facilitate change.

Mike Cox Declares Himself "Judge Dredd"?

laryholland@sbcglobal.net (Lary Holland) — Sun, 13 Aug 2006 23:07:38 -0400

The Detroit Free Press (August 10, 2006) printed opposing viewpoints on the binding power of opinions from the Office of Attorney General in Michigan. Speaker of the House, Craig DeRoche, wants to end the "unchecked power of the attorney general's office." Maintaining control of our government means ensuring restrictions on the exercise of their powers, and this is one of those cases.

Hon. Craig Deroche: Should state's attorney general decide the law?

Attorney General Mike Cox: Constitution backs power of chief legal officer to interpret legislation.

After reading both viewpoints I found that Mike Cox's interpretation of the Office of Attorney General is the equivalent to the Judges in the 1995 Action movie, Judge Dredd. One man, Judge, Jury and Executioner.

I sent my response to the Detroit Free Press as well as to Honorable Craig DeRoche and Honorable Joel Sheltrown (my rep) requesting publication.

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Detroit News, Editorial Page August 14, 2006

615 W. Lafayette

Detroit, MI 48226

RE: COX: Constitution backs power of chief legal officer to interpret legislation

Although the Michigan Attorney General, in his August 10, 2006 editorial, alleges the office has issued opinions interpreting the law and that those opinions are binding on state agencies and departments, it does not mean that the decision is final and not subject to appeal to our State’s Supreme Court for judicial review. As with most of our agencies and offices in Michigan, it is assumed there is authority until that authority is challenged in a court of law.

Article VI § 1 of the Michigan Constitution establishes that the “judicial power of the state is vested exclusively in one court of justice…” and Article VI § 1 provides that “all final decisions, findings, rulings and orders of any administrative officer or agency under the constitution or by law, which are judicial or quasi-judicial and affect private rights or licenses shall be subject to direct review by the courts as provided by law. This review shall include, as a minimum , the determination whether such final decisions, findings, rulings and orders are authorized by law, and in cases in which a hearing is required, whether the same are supported by competent, material and substantial evidence on the whole record…”

There is nothing in the Michigan Constitution that prevents any such individual or affected agency from appealing to our court system any advisory opinion issued by the Attorney General or raising an issue as an original action in our court system to properly settle a dispute. No executive officer should have the power to both enforce a law while simultaneously interpreting it without the possibility of further judicial review. To grant such broad powers to a single branch would be similar to the movie Judge Dredd (1995), with the lead being played by Sylvester Stallone in which one man is “Judge, Jury, and Executioner.”

Sincerely,

Lary Holland

Cc: Honorable Craig DeRoche via FAX

Honorable Joel Sheltrown via FAX