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in this issue: Nov/Dec 2010

the Grand rapids laWyer

is published by the Grand Rapids Bar Association

Waters Building 161 Ottawa Ave., NW, Suite 203-B Grand Rapids, MI 49503 www.grbar.org 616.454.5550 / 616.454.7707 fax

editorial Karen N. Flick Anne Marks-Gaertner advertising coordinator Debbie Kurtz

staFF

executive director Kimberly Coleman/ext. 105 kimc@grbar.org

executive assistant/membership/ inns administrator Debbie Kurtz/ext. 101 debbie@grbar.org

communications specialist/ administrative assistant Karen N. Flick/ext. 109 karen@grbar.org

lawyer referral administrator Nancy King/ext. 107 nancy@grbar.org

oFFicers & trustees

president Susan Wilson Keener . . . . . . . .726-5900

president-elect Mark R. Smith . . . . . . . . . .977-0077

vice president T.J. Ackert . . . . . . . . . . . . . 831-1730

secretary Erin E. Gravelyn . . . . . . . . . .458-1300

treasurer D. Andrew Portinga . . . . . . . . 831-1772

immediate past president Charles E. Chamberlain, Jr. . . . . 458-2212

trustees Thomas R. Behm . . . . . . .235-5500 Tracey W. Brame . . . . . . .301-6800 Barbara A. Craft . . . . . . . . 454-6553 Dennis J. Donohue . . . . . . 752-2192 Patrick F. Geary . . . . . . . . 458-5358 Richard E. Hillary, II . . . . . 831-1774 Elizabeth Welch Lykins . . . . 454-7618 Richard A. Stevens . . . . . . 458-1187 Suanne Watt-Stay . . . . . . . 732-1741

on the cover: Celebrating Diversity with the State Bar of Michigan: (L-R) GRBA President Susan Wilson Keener, Michigan Supreme Court Chief Justice Marilyn Kelly, State Bar President W. Anthony Jenkins, and State Bar Executive Director Janet K. Welch gather to celebrate the signing of the Diversity Pledge at the State Bar’s Annual Meeting this September. See more about the Diversity Pledge on pages 4 & 5.

4 michigan pledge to achieve diversity & inclusion

5 president’s perspective By Susan Wilson Keener

6 news from the lac By Valerie T. Ambrose

7 criminal notes By Timothy K. McMorrow

9 e.d. torial By Kimberly A. Coleman

9 Welcome new members

10 photo opportunity

12 upcoming events

13 Justice Foundation Benefit dinner Featuring the capitol steps

14 lris attorney spotlight By Nancy King, LRIS Administrator

15 section news: Workers’ compensation By Jane C. Hofmeyer

16 member notes

17 young lawyers update By James R. Oppenhuizen

1 American Inns of Court 5:30pm University Club

9 Senior Section Meeting Noon University Club

17 Family Law Section Noon University Club

18 Board of Trustees Meeting 11:45am Waters Building

25 & 26 thanksgiving holiday, office closed

30 ADR Section Meeting Noon University Club

2 GRBA & Justice Foundation Holiday Mixer 5:00pm Amway Grand Plaza

6 American Inns of Court 5:30pm University Club

16 Board of Trustees Meeting 11:45am Waters Building

24 & 27 christmas holiday, office closed

31 new year’s holiday, office closed

3 new year’s holiday, office closed

13 Foundation Benefit Dinner 6:00pm Meijer Gardens Featuring the Capitol Steps

17 martin luther King, Jr day, office closed

20 Board of Trustees Meeting 11:45am Waters Building

January 2011 1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

decemBer 2010 1 2 3 4

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30 31

novemBer 2010 1 2 3 4 5 6

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21 22 23 24 25 26 27

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4

D I v E R S I T y P L E D G E

We believe that diversity and inclusion are core values of the legal profession, and that these values require a sustained commitment to strategies of inclusion.

Diversity is inclusive. It encompasses, among other things, race, ethnicity, gender, sexual orientation, gender identity and expression, religion, nationality, language, age, disability, marital and parental status, geographic origin, and socioeconomic background.

Diversity creates greater trust and confidence in the administration of justice and the rule of law, and enables us to better serve our clients and society. It makes us more effective and creative by bringing different perspectives, experiences, backgrounds, talents, and interests to the practice of law.

We believe that law schools, law firms, corporate counsel, solo and small firm lawyers, judges, government agencies, and bar associations must cooperatively work together to achieve diversity and inclusion, and that strategies designed to achieve diversity and inclusion will benefit from appropriate assessment and recognition.

Therefore, we pledge to continue working with others to achieve diversity and inclusion in the education, hiring, retention, and promotion of Michigan’s attorneys and in the elevation of attorneys to leadership positions within our organizations, the judiciary, and the profession.

M IC H IG A N PL E D G E TO AC H I E v E

Diversity and Inclusion

5

p r e s i d e n t ’ s p e r s p e c t i v eBy Susan Wilson Keener • Keener Law Offices PLC

P R E S I D E N T ’ S P E R S P E C T I v E

On September 15, 2010, the Grand Rapids Bar Association voted unanimously to sign the Michigan Pledge to Achieve Diversity and

Inclusion sponsored by the State Bar of Michigan. I was proud to welcome, on behalf of the GRBA, lawyers from all around our state to a special “Celebrating Diversity” reception held during the State Bar annual meeting. Earlier the same day, I attended another celebration of diversity with the unveiling of the statue of Rosa Parks near the downtown park bearing her name. To top it all off, our city was bustling with all manner and multi-plicity of folk taking in the amazing and diverse works of Art Prize 2010.

In contrast to the vibrant and hopeful atmosphere of this day, the efforts of our profession to achieve a more diverse and inclusive profes-sion seem to be moving at a sluggish pace. Consider the statistics: people of color make up only 10 percent of our profession compared to 25 percent of medical doctors, 21 percent of accountants, and 18 percent of college professors. In Michigan, attorneys of color make up approximately 15 percent of attorneys.

Women comprise only 31% of active attorneys, even though they comprise about half of the population and half of law school entering classes. Our own Diversity Roundtable held earlier this year revealed that there remain significant lags in retention of and leadership positions held by women attorneys.

Still, the remarks of Michigan’s Chief Justice Marilyn Kelly and new SBM President W. Anthony Jenkins at the diversity reception were inspiring and captured the energy in the room crowded with lawyers filled with hope for genuine progress. The comments

of SBM Executive Director, Janet Welch, also struck a chord with me when she spoke of the necessity of diversity to the health of our profession. She spoke about how science has proved the importance of diver-sity in the natural order of our world. Our eco-system requires a careful balance of diverse organisms to keep our planet healthy. Our bodies maintain best health when we consume a diverse diet. Experience in daily

life finds that investment portfolios will be more profitable when we seek a diverse mix of investment options. I thought of another example of this principle: a choir sings most beautifully when there is a balanced harmony of different voices. Too many of any one part produces an inferior sound.

The State Bar’s pledge focuses on more concrete reasons for increasing diversity: maintaining public confi-

dence in the legal system and promoting the rule of law. The business world has moved more rapidly to respond to global demands by customers, suppliers, and competitors. It has worked to create diverse work-forces from many different backgrounds, perspectives, and skill sets. These business clients increasingly expect and even demand lawyers who are more cultur-ally diverse.

Whether one chooses to commit to and promote diversity because it is important to sustain the profes-sion, it is morally right, it makes sense from a business perspective or for all of the these reasons, many are feeling the hope and vitality of a renewed commitment in our profession and in our City to these important principles. I encourage you to read and sign the pledge at the State Bar website: www.michbar.org/diversity and then take a walk over to Rosa Parks circle and read the inscriptions on her statute. n

The State Bar’s pledge

focuses on more concrete

reasons for increasing

diversity: maintaining

public confidence in

the legal system and

promoting the rule of law.

L A C N E W S

6

The Legal Assistance Center (LAC) opened our office in the Kent County Courthouse in 2005. As seen in the chart below, in each successive year we have served a steadily increasing number of walk-in and phone

patrons amid steadily decreasing revenues.

YeAR PATRONS SeRVeD eXPeNSeS ReVeNUeS

2005 12,044 $121,000 $276,000

2006 13,256 $165,000 $217,000

2007 14,207 $183,000 $198,000

2008 14,813 $193,000 $192,000

2009 15,806 $192,000 $183,000

2110 16,508 $171,000 $163,000 (projected)

We have cut expenses significantly in the past three years, thanks to expanding our student and community volunteer corps. Without the knowledge, compassion and dedication of our volunteers the LAC would not be able to meet the increasing demand for our services.

The financial needs of the LAC are ever present. We have been pro-active in addressing those needs. In the past two years we have doubled the fees charged to our patrons for divorce packets and instructions, and we have also increased our fees for copies from 25 cents to 35 cents per page. Patrons now contribute $50,000 per year or 25% of our budget. A grant from Kent County equals another 25% of our budget. And 25% is obtained from other grants.

The remaining 25%, or $45,000, has historically been contributed by individual attorneys and local law firms. That support has been critical to the provision of the services the LAC provides to pro se litigants.

The LAC staff and board have streamlined our expenses as much as possible, while maintaining a consistent quality of services to our patrons. Your financial support will help us continue to meet the needs of persons who choose to represent themselves in court primarily because of financial circumstances: 60% of LAC patrons have combined household incomes of less than $20,000 and 35% of our patrons have combined household incomes of less than $10,000.

To all of you who have contributed to the LAC directly or through the Justice Foundation of West Michigan, THANK YOU! And to each of you who can assist the LAC in the coming year we and our patrons would be most grateful. n

doing more with lessBy Valerie T. Ambrose • Executive Director

Thank You!

7

C R I M I N A L N O T E S

continued on page 18

The Michigan Medical Marijuana Act (MMMA) allows a person

to possess and use a limited amount of marijuana if a physician states, “after having completed a full assessment of the patient’s medical history and current medical condi-tion made in the course of a bona fide physician-patient relationship,” that the patient is likely to receive therapeutic or palliative benefit from the use of marijuana. The MMMA also sets up a procedure whereby individuals may, upon presentation of a doctor’s certificate, receive from the Michigan Department of Public Health (DPH) a card certifying the individual may use marijuana for medical purposes. What happens if a person obtains the doctor’s certification after arrest, and does not have the medical marijuana card from the DPH? Can a person still raise an affirmative defense to a marijuana charge? And what evidence suffices to show that a person is legitimately in possession of marijuana for medical purposes?

In the recent case of People v Redden, Docket No. 295809, decided September 14, 2010, the Michigan Court of Appeals addressed those issues. Police officers executed a search warrant at a house, and found 1½ ounces of marijuana and 21 marijuana plants. Neither

resident of the house had a

medical marijuana card. By the time of the preliminary examination, the defendants had obtained a state-ment from a doctor Eric Eisenbud of “The Hemp and Cannabis Foundation Medical Clinic” (I am not making this up; sometimes truth really is stranger than fiction) that they qualified for the medical use of marijuana because of “pain” and “nausea.” Dr. Eisenbud testified at the preliminary examination that he examined each defendant only once, refused to divulge what their

debilitating medical condition was, and was not scheduled to see them until they were due to renew their documentation for using marijuana for medical purposes.

The defendant prevailed on one point: the Court ruled that a person

may raise a medical purpose defense to a marijuana charge even if the person has not received, or even applied for, a medical marijuana card from the DPH. Under the plain reading of the MMMA, that ruling was clearly correct. But the defendant lost on his larger argu-ments. The Court said that Dr. Eisenbud’s testimony showed that there was an issue of fact whether he had a “bona fide doctor patient relationship” with the defendants. That the defendants had “pain” and “nausea” did not establish that they had a “serious medical condition” that would permit the use of mari-juana for medical purposes. The Court also said there was a triable issue on whether the amount of marijuana the two defendants had was an amount for “medical neces-sity.” Under the MMMA, a person may have up to 2½ ounces of mari-juana and 12 plants; for two people, that would permit 5 ounces and 24 plants. The amount in this case, assuming a legitimate defense under the MMMA, did not exceed what is listed in the MMMA. But the Court nonetheless held that whether the amount in fact was more than would be medically necessary still was an issue of fact for the jury, and that Dr. Eisenbud’s certification did not entitle the defendant’s to have the charges dismissed.

“doctor, it hurts.” “oK, use mariJuana.”

By Timothy K. McMorrow • Kent County Prosecutors Office

But to what extent do

we want to interfere

with the doctor/patient

relationship? Who will

bear the burden of

proof that someone has

a legitimate medical

purpose for using

marijuana?

8

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E . D . T O R I A L

new membersLindsey Bosch

Steven M. Gursten

Shawn Huff

Benjamin R. Judd

Jessica L. Kuipers

Erin Lyon

Christopher D. Matthyssee

Audra McClure

Kendra Schaap

Phillip Slot

Robert M. Suarez

Rhona Taylor

Jason S. Ward

Rachel Wustman

Well, we’ve certainly had an eventful autumn. As you probably know by now, the speaker

for our October 21st Justice Foundation Benefit Dinner, Anna Deavere Smith, cancelled her appearance. Although the original agreement was signed in February, our contract included a rider which allowed her to cancel within 30 days of the event should a professional conflict arise. As I understand it, such a rider is common for the entertainment industry. However, receiving can-cellation notice on the 30th day did leave us dazed for a minute or two.

I am always amazed at how such circumstances have a way of bringing together the right people and resources. Our goal was to keep our promise to our members and deliver a well-organized event without compromising quality. To this end, after exploring our options, we knew the “The Capitol Steps” was the way to go, even if it meant changing the date.

It’s been more than 15 years since the GRBA hosted The Capitol Steps and members still talk about it today. I can’t tell you how thrilled we

are to host them again on January 13th. News of the new program has been well received by the event’s sponsors and ticket holders, and calls began immediately from members seeking to secure table sponsorships and tickets. In light of the new date, there is again an opportunity

to become a contributing sponsor. Sponsorship opportunities are available until December 1, 2010, and you can call our office for

more information.

In closing, I feel the need to say thank you. Thank you to the GRBA staff for kicking into high gear with me. Thank you

to the Foundation committee and our executive leadership for

helping us move forward. Heartfelt thanks to Tom Behm of Gruel Mills

Nims & Pylman and Mary Ann Sabo of Sabo Public Relations for your time, guidance and support. And most of all, thanks to you, our members, for your continued support and understanding. Because of you, we’ve weathered the storm.

Call the GRBA today to secure your table sponsorship or tickets! See you in January!

Weathering the stormBy Kimberly A. Coleman • Executive Director

10

Criminal Law

Update

Sta te Ba r’s Celebra tin g Diversity Reception

11

Pro Bono Month: Street Law Luncheon

Michael S. BarnesA W A R D

Join Us!

U P C O M I N G E v E N T S

12

We invite you and a guest to join us for a relaxed social evening. Partake in a selection of beers and wines and enjoy an array of desserts catered by the Amway’s Cygnus Restaurant. Whether you can stay for just a few minutes, or spend the evening, we’re

looking forward to seeing you there!

Please RSvP by November 24th by calling 616.454.5550 or going online to www.grbar.org/cde.cfm?event=327058.

Grand Rapids Bar Association & Justice Foundation of West Michigan

2nd Annual Holiday MixerThursday, December 2, 2010

5:00 – 7:00pm

Amway Grand Plaza Hotel ~ Sky Rooms I & II

aGc seeks volunteer receiversThe Michigan Attorney Grievance Commission seeks licensed attorneys to

serve as pro bono volunteer Receivers pursuant to MCR 9.119(G), to assist in winding up the practice of lawyers who are deceased, incapacitated, missing, suspended or disbarred. Attorneys interested in serving in such capacity should submit a letter of interest to:

Rhonda S. Pozehl, Senior Associate CounselAttorney Grievance Commission 243 W Congress, Ste 256Detroit, MI 48226Or fax to 313.961.5819

P R E S I D E N T ’ S P E R S P E C T I v E

13

B E N E F I T D I N N E R

!

You’re Invited!Join us for an evening of political satire, comedy, song and dance in support of the Justice Foundation of West Michigan. The Capitol Steps have been thrilling audiences for nearly 30 years with their parody and satire aimed at both the Right and the Left. Current events (read: recent scandals) keep the material fresh, and the show is always new.

January 13, 2011Frederik Meijer Gardens & Sculpture Park6:00pm Cocktails 7:00pm Dinner followed by Entertainment

Tickets are $60 for GRBA members (including their guests); $85 for non-members.

To order tickets call 616.454.5550 or visit www.grbar.org

q Members $60 per person

q Non-Members $85* per person

I would like ______ tickets for a total of $__________

_____ Table of 8: $750 (Reserved seating & signage)

q I cannot attend the event but want to contribute to the Justice Foundation of West Michigan. Enclosed is my contribution of $_______________.

q Please charge my q Mastercard q Visa

Number: _______________________________________

Exp. Date _______________________________________

Signature _______________________________________

q I have enclosed a check made payable to the Justice Foundation of West Michigan.

q Please send me an invoice.

Justice Foundation Benefit Dinner with Capitol Steps

Name ______________________________________________________________________

Company ___________________________________________________________________

Address _____________________________________________________________________

City/State/Zip ________________________________________________________________

Daytime Phone _______________________________________________________________

Email _______________________________________________________________________

Return to GRBA: 161 Ottawa Ave NW, Ste 203-B, Grand Rapids, MI 49503

14

L R I S S P O T L I G H T

For our November/December Bar Journal LRIS column, we are featuring Attorney Margaret Webb.

LRIS Attorney Margaret Webb was born in Grand Rapids, Michigan and grew up in Dorr. She is a graduate of Wayland Union High school. She received her under-graduate degree from Davenport College, now Davenport University, with an executive medical degree and a paralegal degree. She obtained her legal education from Thomas. M. Cooley Law School with a concentration in litigation. She has served on our LRIS panel since February, 2007.

Furthermore, she has completed three years of advanced education beyond the required law courses in family law and estate planning, and she holds a certificate of comple-tion from the Institute of Continuing Legal Education in both areas.

Margaret has been practicing law for five years. She has her own full-service law firm in Dorr, where she practices in a number of areas including family law, bankruptcy,

business, criminal defense, personal injury, Social Security disability., and estate planning. Her law firm staff includes Attorney Timothy vandenBerg, Paralegal Patricia Swanson, and Administrative Assistant victoria Fifelski.

Attorney Webb is married and has a nine-month-old daughter, Olivia Grace. She has sat on the Wayland Union Education Foundation Board and is active in the Dorr Business Association and has served on the Dorr 4th of July celebration committee.

“I have not received any awards, per se, but I receive many compliments and positive feedback on my surveys from pre-vious clients.” Her favorite part of her job is helping people navigate through tough times.

Like so many of our LRIS attorneys, Margaret enjoys helping people and educating them about the legal process. Thank you, Margaret, for your service to the LRIS and to your community. n

lris attorney spotliGht: margaret WebbBy Nancy King • LRIS Administrator

LRIS is a public service to the Grand Rapids Bar Association. Because of attorneys like Margaret Webb, LRIS continues to help individuals find high-quality legal counsel. To serve on the LRIS panel, proof of professional liability insurance and annual dues of $50 are required. Referrals are assigned among panel members by areas of law and geographical location. LRIS is not a pro bono program. If you would like more information, call Nancy King at 616-454-5550 or write to nancy@grbar.org.

a few copies of the GrBa’s most recent pictorial directory are still available. Directories are $40 each and can be purchased by contacting the GRBA at 616.454.5550.

2 0 1 0Grand rapids Bar association

Membership Pictorial Directory

Grand Rapids Bar Association

161 Ottawa Ave. NWSuite 203-BGrand Rapids, MI 49503

ph: 616.454.5550fx: 616.454.7707www.grbar.org

2 0 1 0Grand rapids Bar association

Membership Pictorial Directory

Grand Rapids Bar Association161 Ottawa Ave. NWSuite 203-BGrand Rapids, MI 49503ph: 616.454.5550fx: 616.454.7707www.grbar.org

2 0 1 0Grand rapids Bar association

Membership Pictorial Directory

Grand Rapids Bar Association

161 Ottawa Ave. NW

Suite 203-B

Grand Rapids, MI 49503

ph: 616.454.5550

fx: 616.454.7707

www.grbar.org

15

G U E S T A R T I C L E

Perhaps no one is more aware of “these troubled financial

times” than those of us living in Michigan. Michigan has lost jobs in almost every sector in every year since 2001. The combination of Michigan’s poor economy, decreased state general fund revenue, fewer filings and fewer settlements have had an enormous impact on the practice of workers’ compensation in this state.

Workers’ compensation claims in Michigan are administered by the Workers’ Compensation Agency (WCA). The WCA is funded by two sources: state general fund appropriations and the redemption fees paid by both claimant and employer when a case is settled. The recession has led to a significant decrease in the state general fund revenue. It has been reported that the budget for the WCA in 2011 will be 20 percent less than the budget for 2010. It has also been reported that the fiscal year 2011 general fund budget will have an estimated $1.6 billion dollar shortfall. This has resulted in significant cut-backs throughout state government, including the WCA. In addition, the loss of jobs over the last decade, and perhaps legal hurdles created by recent case law, has led to a significant reduc-tion in the number of workers’ compensation case filings. Fewer cases mean fewer redemptions, and lower redemption fee generation.

To put this into perspective, consider that in December 1999 the unemployment rate in Michigan was 3.7 percent. In December 2009 it was 14.6 percent. In 1999 there were 20,019 new cases filed with the Workers’ Compensation Agency. In 2009, the number of new cases filed was 9,746. In 1999 there were 13,152 redemptions. In 2009 there were 7,347 redemptions.

One of the most noticeable changes has been the closing of several hearing sites. In 1999 there were 18 hearing sites located throughout Michigan. Since then, hearing sites in Ann Arbor, Battle Creek, Benton Harbor/St. Joseph, Jackson, Mt. Pleasant and Muskegon have been closed. While this is good for the budget, the result is that claimants sometimes must drive many miles to have their cases heard. For instance, if a worker is injured in Three Oaks, he or she now has to travel 80 miles to have his or her case heard in Kalamazoo. Previously, that same injured worker would have traveled 29 miles to have his or her case heard in St. Joseph.

There have been other changes in recent years. Several hearing sites have changed their hours of operation and have gone to a four day work week. Both the Lansing hearing site and the Appellate Commission have moved to the

State Secondary Complex. The permanent staffed office in Traverse City was also closed.

Another significant change has been the reduction in the number of Magistrates. By statute, the Board of Magistrates originally consisted of 30 members. That number was reduced to 26 in December 2003, and in October 2009 it was reduced to 17. While necessary due to budget reduc-tions and fewer cases, there are now fewer Magistrates in fewer hearing sites to hear cases. This is frustrating for claimants, employers and attorneys seeking to resolve their cases efficiently.

Finally, the administration has retained Ed Welch, a former Director of the Bureau of Workers’ Disability Compensation (now the WCA) and well-respected workers’ compensation expert, to investigate other ways to protect the WCA’s finances and improve its efficiency. He formed the Workers’ Compensation Efficiency Initiative to determine ways to accomplish the goals of greater efficiency and reduced cost. It is anticipated that the report will be issued shortly, and it is certain that it will result in even more changes at the WCA and on the practice of workers’ compensation law in Michigan. n

changes in Workers’ compensation practice in these Financial times

By Jane C. Hofmeyer Chair of the Workers’ Compensation Section &

Shareholder at Smith, Haughey, Rice & Roegge

L E T T E R S T O T H E E D I T O R

16

M E M B E R N O T E S

Curt Benson, Cindy Faulkner, and Paul Sorensen were promoted to Full Professor with Tenure by Thomas M. Cooley Law School. Sherry Batzer was promoted to Assistant Professor. These promotions are effective January 1, 2011.

Robert J. Buchanan of Buchanan & Buchanan was elected to the State Bar of Michigan’s Board of Commissioners.

Sue O. Conway, a partner with Warner Norcross & Judd, has been honored by Michigan Lawyers Weekly in its inaugural year of “Women in the Law.” The award, which was presented in Detroit in September, recognizes the contributions of 20 leading women attorneys across the state.

Bruce Courtade of Rhoades McKee was elected vice President of the State Bar of Michigan for the 2010-2011 year.

Douglas A. Dozeman, a partner at Warner Norcross & Judd LLP, has become a Fellow of the American College of Trial Lawyers. Fellowship in the College is extended by invitation only – and only after careful investigation – to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.

Bruce Goodman, energy and environmental partner at varnum LLP, is serving on the core team with Department of Natural Resources and Environment to revise the Title v air permitting process.

Madelaine C. Lane, of Warner Norcross & Judd LLP, has been appointed to the Criminal Justice Act Panel for the Western District of Michigan. Lane will serve a three-year term on the panel, which provides representa-tion to indigent federal criminal defendants.

Brian J. Page, of Dykema, has earned a LEED Green Associated credential issued by the Green Building Certification Institute. Page practices in the areas of commercial real estate and business, and is former Office Managing Member of the firm’s Grand Rapids Office.

D. Andrew Portinga, of Miller Johnson, has been appointed chair of the United States Courts Committee for 2010-2011 bar year by the State Bar of Michigan. The committee makes recommendations concerning the administration organization and operation of the United States Courts.

Gregory e. Schmidt, a partner at Warner Norcross & Judd, has been named client development and marketing chair form the firm.

Mary Kay Shaver, attorney with varnum LLP, was elected to serve on the board of directors of

Michigan Women in Finance for a three-year term. The board is made up of 16 women,

and the organization brings together an array of finance professionals to gain insight into the marketplace.

Robert Suarez, has joined the law firm of Smith Haughey Rice & Roegge. Robert’s fluency in Spanish, Russian, Arabic and French are put

to use in his practice counseling businesses and individuals in a range

of matters. A combat veteran of the US Marine Corps, Robert also represents other

veterans in veterans’ benefit claims.

Ronald M. Stella, former United States Attorney, has returned to private practice with Rhoades McKee PC. He will concentrate his practice in areas of health care law, medical malpractice insurance defense, and general litigation.

Robert e.L. Wright, attorney-mediator with Miller Canfield, moderated a panel discussion on the use of mediation in bankruptcy cases at the 22nd annual Federal Bar Association-Western District of Michigan Bankruptcy Conference.

Warner Norcross & Judd LLP has awarded academic scholarships to two minority students from Michigan who are completing their legal studies. Recipients are: vigilio A. Sklar of Ann Arbor, Law School Scholarship; and Ronald v. Hight of Rockford, Paralegal/Legal Assistant scholarship. This is the 10th year for the Warner Norcross scholarship program.

member notes Congratulations to…

the Grand rapids Bar

association extends our congratulations to the

39 Grand Rapids area law firms recognized in the recent US News & World Report rankings of Best Law Firms and to our more than

225 members that have been recognized in Best Lawyers

in America and Super Lawyers.

P R E S I D E N T ’ S P E R S P E C T I v E

17

y O U N G L A W y E R S

yls asks For your help with horn of plenty

The Horn of Plenty is a food/clothing/cash drive that YLS organizes each year for a local charitable organization. This year YLS members are reaching out to the Baxter Community Center. Baxter addresses immediate needs

of individuals, assists individuals to become responsible, productive and self-sufficient, while affirming the positive qualities in individuals and the community. The Horn of Plenty is all about generating awareness, encouraging people to make donations, and giving back to the community.

Over the next few weeks you’ll find YLS members acting as “building coordinators” for firms in the area. Each firm has a designated donation area where people in the building can drop off their food/clothing items. Baxter

has indicated that they are especially in need of children’s coats this year. Cash donations can be made by check payable to Baxter Community Center and should be given to the respective building coordinator for the firm.

The Friday before Thanksgiving, November 19, YLS members will visit all participating buildings in the area and pick up the donations. We take all our

donations that afternoon to Baxter.

If you have any questions, or would like to be a building coordinator, please contact Stephanie L. Szydlowski at Kuiper Orlebeke, PC, 616.454.3700 or szyd-lowski@kuiperorlebeke.com. n

Recently, we were all subjected to the typical barrage of political campaign ads that invariably appear in

an election season. While we will not have to endure these ads again for some time, the ads can be instruc-tional on how best to communicate in everyday life and among ourselves as attorneys. This election season has been particularly contentious, with allegations of lying, misrepresenting facts and using quotes out of context in order to paint the other candidate into a corner.

We as lawyers are required to avoid the type of behavior that leads to such allegations. When reviewing deposition transcripts or meeting minutes, one is often presented with the temptation to unfairly paint the other party into a corner by using his or her words against the testifying or speaking party. Many of us have seen this done in unfair ways or through blatant mis-characterizations of the testimony or statements. This behavior can be observed during summary disposition hearings, in briefs, or in the boardroom. However, this type of behavior is unacceptable and inconsistent with our ethical standards as we are required not to mislead

the court or our clients. These actions also alienate our colleagues and breed mistrust within the community of lawyers.

The Grand Rapids Bar Association is designed, in part, to make our community of lawyers stronger and better. The Young Lawyers section is an important step toward connecting new and young attorneys to the GRBA. One of the ways we build this community and make it stronger is by meeting together and developing the types of relationships that breed trust and account-ability. Participation in the Young Lawyers Section is strong, and continues to improve. Through our monthly meetings and happy hours we are making the connec-tions that will encourage trust and a commitment to truthfulness. We meet on the second Thursday of each month, and hold happy hours on the third Thursday of every month. Many additional social and service oppor-tunities are available as well. We hope all of the young lawyers in Grand Rapids will join us for our meetings and events. n

young lawyers updateBy James R. Oppenhuizen • Keller & Almassian, PLC & Chair Elect, GRBA Young Lawyers Section

C L A S S I F I E D S

18

Downtown

“IDentIty”

LocatIon

on-SIte ParkIng

offIce LeaSe

2300 Sq Ft. GR FL

MaRk LevandoSki

(616) 452-5503marklevandoski@comcst.net

30 JefferSon Se

granD raPIDS

MI 49503

The MMMA is a complicated, and poorly drafted, piece of legislation. It has led to an explosion of claims from those charged with possession of marijuana that they really only had the marijuana for medical pur-poses. A few doctors have issued a very large number of certifications for the use of medical marijuana. It would be incredibly naïve to not see the majority of the certifications as bogus. But to what extent do we want to interfere with the doctor/patient relationship? Who will bear the burden of proof that someone has a legiti-mate medical purpose for using marijuana? If a person gets a medical marijuana card, may the prosecution go behind that card and attack the documentation that was used to get the card?

I have only scratched the surface of the issues raised in Redden, and if you have a medical marijuana case, be sure to read both the MMMA and Redden thor-oughly. And make sure you read Justice O’Connell’s concurrence in Redden, which is both entertaining and notes many of the other issues raised by the MMMA that we will unquestionably be facing in the future. n

…“oK, use mariJuana.” continued from page 7

Fully restored victorian structure across the street from the Ottawa County courthouse and post office. The building was formerly a law practice and is now being used for a psychology practice. Call Mary Zeppenfeld at Coldwell Banker or email at 616-638-3390 or zeppusa@gmail.com.

doWntoWn Grand rapids office space available with established Av-rated firm. Practice development opportunities and cost sharing services available, if desired. Reply to grandrapidslawfirm@gmail.com with letter of interest and resume.

19

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