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conflict of interest?

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neebishron

Junior Member
What is the name of your state (only U.S. law)? Michigan. Is it legal to have the person running the county friend of the court to also be the referee handling hearings in that county? I would think this would be conflict of interest and your doomed to lose your hearing even before it starts. Thank you for any info in advance. Ron
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan. Is it legal to have the person running the county friend of the court to also be the referee handling hearings in that county? I would think this would be conflict of interest and your doomed to lose your hearing even before it starts. Thank you for any info in advance. Ron
I don't know...it seems to me that it would actually streamline operations: http://www.friendofthecourt.org/

Do you have a specific concern?
 

neebishron

Junior Member
The referee also is in charge of that county's FOC. Trying to get motion changed is almost impossible to do if the referee hearing the case is also the one who originally made the ruling
 

Zigner

Senior Member, Non-Attorney
The referee also is in charge of that county's FOC. Trying to get motion changed is almost impossible to do if the referee hearing the case is also the one who originally made the ruling
I'm just not seeing the connection...

Why do you think the outcome would be different?
 

neebishron

Junior Member
The person in charge of the County FOC is also the referee for the county hearings like show cause, change of motions, ECT,ECT. I don't believe you will get a fair shake. The referee certainly can't be impartial on matters in front of court hearing IMO
 

Silverplum

Senior Member
The person in charge of the County FOC is also the referee for the county hearings like show cause, change of motions, ECT,ECT. I don't believe you will get a fair shake. The referee certainly can't be impartial on matters in front of court hearing IMO
Write your elected representatives and complain. We can't do anything about your thoughts here.
 

Just Blue

Senior Member
The person in charge of the County FOC is also the referee for the county hearings like show cause, change of motions, ECT,ECT. I don't believe you will get a fair shake. The referee certainly can't be impartial on matters in front of court hearing IMO
I sent this tread via PM to Gam...She is very knowledgeable re MI Custody.
 

Zigner

Senior Member, Non-Attorney
The person in charge of the County FOC is also the referee for the county hearings like show cause, change of motions, ECT,ECT. I don't believe you will get a fair shake. The referee certainly can't be impartial on matters in front of court hearing IMO
How is that?

Why don't you want the judge (referee) being aware of all of the facts in the case?
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Michigan. Is it legal to have the person running the county friend of the court to also be the referee handling hearings in that county? I would think this would be conflict of interest and your doomed to lose your hearing even before it starts. Thank you for any info in advance. Ron
Although I have never practiced in a jurisdiction with system such as you indicate, personally I don't believe one should wear both hats. One advising and the other ruling.

Considering that in a referee capacity the individual would be performing assigned judicial like functions, I would have you submit your inquires to the Michigan Judicial Tenure Commission.

Let us know.
 

Zigner

Senior Member, Non-Attorney
I am saying that the county friend of the court who is in charge of the office also acts as the referee in county's hearings. That is red flag to myself, how will you get a fair judgment in your hearing if that person is the one who made the judgment. It seems unethical to myself. I am not legal wiz so unsure. I thank you all for your time on this post
How will you get a fair judgment in your hearing if that person is the one who made the judgment? Huh?

(I edited out the identifying information and reported your post.)
 
Last edited by a moderator:

gam

Senior Member
Late on this as usual, but this often is the case in smaller counties in Mi. Many of them wear several hats.

For OP or anyone in Mi, Referee's do not make orders, they only make recommendations to the court. Every recommendation by a Referee can be objected to, and you can get another hearing on the issue in front of the Judge. You can object for any reason, your 1 free shot at getting it changed, without needing change of circumstance, or any other thing. Time frame for an objection varies between counties, in mine you have to the following Monday after the hearing with the Ref to object, in the majority, you have 21 days from the time you receive the objection to object.

Referee recommendations become orders when the Judge signs off on it. If both parties agree during the hearing to the recommendation and sign it, then it goes to the Judge to sign off on, you give up your right by signing it to object(it's right there on the recommendation about saying by signing you waive your right). If they do not agree to sign it, then it sits there until the time frame runs out to file an objection, if neither party objects in that time frame, the Judge signs it as an order. I've seen many different Judges on many different issues, not go with the recommendation a Referee made. Referee's usually follow a set standard recommendation, they don't listen to much evidence from either party, they don't have to, as you can object. Objecting takes it to the Judge who will deal with all the evidence, decide if more is needed, decide if custody/parenting time or child support investigations need to be done.

Every FOC has a handbook and there is a section on Referee's, what they can and can't do and the objection process. By googling you can find much online on this process to.
 

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