March/April, 2006

12 Pages·2006·0.28 MB·English

March/April 2006
BARBEAT
Genesee County Bar Association
Anticipating Spring The Tone at the Top: What Message is Your
Organization Sending?
Contractors Beware: Personal Liability
Under the Michigan Builder’s Trust Fund Act
The Engaging Mr. Hart
A Tribute to Ivor “Rovi” Jones
Dessert Without Calories law, and collection of attorney fees. In timid divorcing wife who was pleading
addition to the monthly program, the with “her attorney” to “don’t let them
by Richard Barron
Centennial Inn has periodically host- make me go down to that courthouse
ed a banquet for distinguished guests again!”
such as then Attorney General Jennifer There was also a “Legal Jeopardy”
Local lawyers and judges may won- Granholm, Justice Michael Cavanagh, program that got out of control when
der what it is that motivates over and National Inn of Court Foundation some Inn members in the audience
60 of their colleagues, once a month, President Justice Randy Holland. On “appealed” the disallowance of certain
to leave work at fi ve o’clock, after a February 28, the Inn hosted a well creative answers, and a “Follywood
long day wrestling with legal problems, attended retirement reception for the Squares” evening with nine comedic
and head to Grand Blanc for a meeting Honorable Allen J. Nelson. celebrities. A unique program two
devoted primarily to analyzing diffi cult Some of the most memorable Cen- years ago involved bringing in former
legal problems. Part of the motivation tennial Inn programs would certainly circuit court jurors and quizzing them
for Inn of Court members, to be sure, include the program “Sex, Lies and Cor- about their jury experience and their
is the ability to wine and dine with their porate Ties,” which dealt with gender take on the lawyers in the cases. A few
professional colleagues in a cordial and discrimination but veered off-course years ago, the Inn used one automobile
relaxed social setting. Yet, as any Inn to hunting out west. Most members negligence action as the basis for the
member will tell you, the heart of any vividly recall a long-time, hard-work- various aspects of trial practice at each
Inn of Court meeting is its program. ing circuit judge playing the role of a meeting that year.
At every Centennial Inn of Court
meeting, after dinner, the designated
pupilage team, under the oversight of a Inn Member Carl Bekofske
presents Judge Nelson with a
team master, presents a legal education
plaque in honor of his retire-
program designed to illuminate some
ment
particularly challenging aspect of the
practice of law. The general topic
has been selected by the program
committee, but the format and subject
matter of the program are left up to
each team, which typically contains six
or seven members, most of whom have
very different legal backgrounds. The
two main principles are scholarship, (l-r) Judge Nelson, his wife
along with creativity and interesting Mary, and daughters Kelly
Nelson and Meghan Nelson-
presentation.
Tracey
The programs typically involve an in-
troduction, role-play, audience discus-
sion, and a background legal sources
handout. Programs normally last be-
tween 45 minutes and one hour. In (l-r) Donald Rockwell,
L. David Lawson, Sandra
recent years, the Inn has featured a
Carlson, Brenda Bendall,
panel discussion by various circuit
James Trembley, and Patrick
court judges, as well as a holiday party Allen, seated, at the Febru-
hosted by one of the judges. Most ary 2006 monthly meeting
programming is oriented to litigation
in Michigan courts, but the Inn has pre-
sented programs on professionalism,
bankruptcy, trust accounts, criminal
Flint Patent ServiceSM
JACK E. TUBBS
REG. PATENTATTORNEY Inn President Kathleen Buckley-O’Neill
[phone]
www.flintpatent.com
Genesee County Bar Association BAR BEAT March/April 2006
2
Genesee County Bar Association Table of Contents

2005-2006 Board of Directors
2 Dessert without Calories by Richard Barron
PRESIDENT – H. William Reising
VICE PRESIDENT – Kraig S. Sippell 4 Spring 2006 by H. William Reising
TREASURER – Kurtis L.V. Brown
5 Grant Awarded by Ramona Sain
SECRETARY – David S. Leyton
IMMEDIATE PAST PRESIDENT – Susan Philpott Preketes 6 The Tone at the Top: What Message
is Your Organization Sending? by Peggy Jury and Debbie Redding
Specialty Bar Board Members
Young Lawyers Delegate – Amy Kline 7 Contractors Beware: Personal
Mallory, VanDyne, Scott Bar – Anthony T. Maxwell Liability Under the Michigan
Women Lawyers Delegate – Wendy J. Maxfi eld
Builder’s Trust Fund Act by Craig Fiederlein
Flint Trial Lawyers Representative – Eric McCormick
8 The Engaging Mr. Hart by Randolph P. Piper
Board Members
Bernhardt “Chris” Christenson ‘06 9 A Tribute to Ivor “Rovi” Jones by Honorable Robert M. Ransom
M. Cathy Dowd ‘06 Robert H S. Schaffer ‘06 10 The Winegarden Letter by by J. Dallas Winegarden, Jr.
Lynne A. Taft ‘06 Michael J. Behm ‘07
Orene Bryant ‘07 Karen L. Folks ‘07 11 An Evening at the Art Institute
Linda A. Pohly ‘07 John R. Green ‘08
Timothy H. Knecht ‘08 Dennis Lazar ‘08 Advertisers
Steven W. Moulton ‘08

Bar BeatEditor Jack E. Tubbs Gould Engineering, Inc.
Francine Cullari Flint Patent Service 2 Civil, Municipal and Land Development 8
[email protected]
Larry Day Raymond James & Associates
Genesee County Bar Association Attorney/Mediator 3 Financial Services 10
315 E. Court St., Flint, Michigan 48502-1611
Plante and Moran JPMorgan
[phone]
CPAs/ Business Advisors 5 Private Client Services Back Cover
For editorial information, call [phone].
Yeo & Yeo
Published bi-monthly by the State Bar of Michigan, Accountants and Business Consultants 7
306 Townsend St., Lansing, MI 48933, for the Genesee
County Bar Association.
For advertising, call [phone]. The deadline for major SBM awards is fast approaching. Please con-
sider nominating someone outstanding by April 5th, 2006. Visit the
No material in Bar Beat refl ects the opinion or endorsement of the
Genesee County Bar Association, unless otherwise stated. Bar’s website at www.michbar.org and click on Media Resources, then
Events and Awards or call [phone] for more information.
M S
EDIATION ERVICES
Larry Day
Attorney & Mediator
Citizens Banking Center
Flint, Michigan 48502
[phone]
(cid:153) Advanced Mediation Training—Institute of Continuing Legal Education, June 2005
(cid:153) Mediation Training—Harvard University, Nova University and State Bar of Michigan
(cid:153) Experience—Practicing mediator since 1995, and practicing lawyer for more than 25 years
(cid:153) Chairperson—Genesee County Circuit Court Civil Mediation Committee, 2004-’05
(cid:153) Presentations—“Preparing Yourself and Your Client for Facilitative Mediation,” ADR Section,
State Bar of Michigan, July 2000; “ADR,” Saginaw Valley Adjusters Association, March 1996;
“ADR Seminar,” Genesee County Bar Association, September 1995
(cid:153) Publications—“Private Mediation,” Bar Beat, July 1995; “Facilitative Mediation,” April 1996 and
“Michigan Mediation Update,” June 2004, Michigan Lawyers Weekly
March/April 2006 Genesee County Bar Association BAR BEAT
3
Spring 2006
by H. William Reising, President
Where is spring? As I have been ily Court and Probate Court, respec-
fond of saying for the last sev- tively. I am certain they will both do
eral weeks, “spring is around the cor- excellent jobs.
ner.” The distance to that corner has Of course, the month of March al- H. William Reising
become shorter and shorter, and we ways has embedded in it one of the are for one year, and the director terms
are now there. It is only a matter of best days of the year, March 17, at least (of which there are four available) are
time before spring is upon us with according to certain members of the for three years. The Genesee County
its opening day for the Tigers and its Genesee County Bar Association who Board of Directors is a critical compo-
training opportunities for all those take special pleasure in celebrating that nent to the continued viability of the
avid runners getting into top form for date. The hearty celebrants of that day association. I thank all members who
the upcoming GCBA Motion Day 5K also participate in the St. Patrick’s Day gave serious consideration to nominat-
race. This year the race will include Road Race, and that automatically gives ing candidates to GCBA by the dead-
a post-race party to allow those stal- them a good excuse to celebrate. From line. If you have any questions about
warts to celebrate their personal vic- my own perspective, I do that to carry that process, please feel free to con-
tories. I look forward to seeing all of on the memory of Jerry O’Rourke and tact me, Past President Susan Preketes
you at both the race and the post-race my father-in-law. Both were dedicated (who now chairs the Nominating Com-
celebration. to making St. Pat’s Day special. mittee), or Executive Director Ramona
Looking back at the “dog days of On a more serious note, the com- Sain. We would be happy to supply you
winter,” one of the bright spots was ing of spring is the ideal time to give with any information you need in or-
the GCBA reception at the Flint In- consideration to participating in Access der to allow you to participate in the
stitute of Arts on February 23. The to Justice. Our own Francine Cullari, process.
expanded FIA is a spectacular facility, a State Bar of Michigan Commissioner, Last, for those who are interested,
and FIA Director John Henry and his is in charge of building the momentum I have again signed up to run the
staff bent over backwards to provide for funding for Access to Justice. As Chicago Marathon in October 2006.
us with an exciting evening. I can only she will explain on asking, the actual I am looking for a running partner.
hope that we can return in 2007 to cost is far less than the $300 contribu- Please contact me at [phone]or
enjoy an even better FIA experience. tion, with a tax credit from the state [email protected] if you
The second highlight in the month of Michigan and a federal income tax
are interested.
of February was the retirement deduction. After Francine explains the
celebration at the Flint Golf Club for process to you, you might well come
Probate Judge Allen Nelson. Judge away from that circumstance think- Michigan Legal Milestone
Nelson served the residents of this ing you are almost “making” money as Otis M. Smith
county in an exceptional way during his opposed to making a contribution. If
African American trailblazer Otis M.
long tenure on the bench and set a very possible, make the $300 contribution,
Smith (1922-1994) will be honored
high standard for what was expected of which is the Supreme Court-recom-
June 21 as the subject of the State
any attorney who appeared before him. mended level for members of the bar
Bar’s next Michigan Legal Milestone
Anything less than total preparation association. For those who can afford
program. A dedication ceremony in
was unacceptable. As a consequence, it, consider a contribution over $300. Flint with notable speakers and a
Judge Nelson had the reputation of Without contributions to the fund, the plaque unveiling will take place from
running a “no nonsense” courtroom. ability of indigent individuals to secure 11 a.m. to 2 p.m. An outdoor ceremo-
On behalf of the membership of the adequate legal representation is even ny is planned at Willson Park, located
Genesee County Bar Association, I further compromised. downtown on the campus of the Uni-
wish him well in his “new adventure” March 31, 2006 was the deadline for versity of Michigan-Fint. A luncheon
will be served after the dedication at
of retirement. submitting names to be considered as
the nearby Harding Mott University
On behalf of the GCBA, I wish to nominees for the Genesee County Bar
Center. For more information please
extend congratulations to both Mi- Association Board of Directors, includ-
call 517-367-6428.
chael Theile and Jennie Barkey for ing the positions of vice president,
their recent appointments to the Fam- treasurer, and secretary. The positions
Genesee County Bar Association BAR BEAT March/April 2006
4
Grant Awarded
by Ramona Sain, Executive Director
I am pleased to announce that the eliminated, and charges are accrued
GCBA has recently been awarded by the minute, as opposed to one-
a grant from Quota International. For hour blocks.
those unfamiliar with Quota, it is an in- As LindaLee Massoud wrote in a Ramona Sain
ternational service club that supports Bar Beat article last spring about the impaired clients. Replacing direct com-
charitable causes for underprivileged Americans with Disabilities Act, the munication with typing or writing does
women and children and the hearing settlement of U. S. v. Tirone clarifi es not serve deaf clients well. Many persons,
and visually impaired. The Flint chapter appropriate modes of communicat- deaf or not, do not have keyboard skills.
is very active and has attorneys Jean ing with the hearing impaired. (To In addition, written notes tend to avoid
Carl, Susan Schneberger, and Carolyn reread her article, go to our website detail in order to save time. Most impor-
Boegner as members. and open Bar Beat Jan/Feb 2005). tant, ASL is a separate language with its
The grant covers the cost of the pur- The American Bar Association has own special grammar and syntax, and the
chase and installation of a D-link, cam- also published advice on communi- keyboard method offers no protection
era, USB computer port, and other pe- cating with the hearing impaired as it against miscommunication due to differ-
ripherals necessary to facilitate video relates to LRIS programs. One article ences in grammar. In a legal setting, this
remote interpretive services for the stated, “. . . the critical question is not can be disastrous.”
hearing impaired. The equipment will whether a disabled person received It was this article, and a greater under-
be installed in the GCBA Neithercut high quality legal services, but wheth- standing of U. S. v. Tirone, that prompted
Conference Room and will be available er he or she is given a comparable the GCBA to seek a better way to help
for use by our members. opportunity (relative to non-dis- our members communicate more effec-
This video remote service is quick, abled persons) to ask questions and tively with their clients, saving time and
easy, and less expensive than tradi- understand the options. . . . For this money.
tional services, which often are slow reason, keyboard and other forms of
and cumbersome. Traditional services written communication are not ad-
include TTY, a relay system in which equate for accommodating hearing
the hearing impaired and the hearing
communicate by teletype equipment
THERE’S MORE
installed at both locations; Michigan
Relay, where a speaking person com-
municates with the hearing impaired WHERE THIS
through a third party telephone relay;
and one-to-one on-site interpreter. CAME FROM.
One-to-one interpreters are hired at
an hourly rate of between $50 and 75,
with a two-hour minimum, excluding
travel expenses.
With the implementation of a video
remote system, many obstacles are
eliminated. Attorneys will be able to
meet hearing-impaired clients at the
GCBA, where it has already been ar-
ranged for an interpreter to “call in”
• Economic damages and expert testimony
to the offi ce at a designated time. The • Business and intangible asset valuations
interpreter (certifi ed in the law) ap- • Fraud and forensic accounting investigations
• Insurance claims (Business interruption and PIP)
pears on the offi ce television screen
• Employment and personal injury
and communicates directly and instan-
CPAs/Business Advisors
taneously with the client and attorney. Peggy Jury or Debbie Redding 810.767.5350
plantemoran.com THRIVE.
Costs are reduced since travel time is
March/April 2006 Genesee County Bar Association BAR BEAT
5
The Tone at the Top: What Message
is Your Organization Sending?
by Peggy Jury and Debbie Redding
Make no mistake about it— are acceptable within an organization. • consistently take action against
employees are keenly aware Implementing human resources (HR) violators;
of the practices and rules followed policies related to hiring, training, and
by senior management and owners. promoting staff can keep unethical • assess related controls and functional
Business owners and managers affect individuals from joining an organization areas and recommend improve-
an organization’s ethical culture by or obtaining a position of trust. Effective ments;
implementing practices, policies, and HR policies include:
procedures and, equally important, by • clearly communicate the organiza-
following them. Properly setting “the • Pre-employment background checks tion’s values and consequences of
tone at the top” of a business can help of education, employment history, violations.
send a clear message, reinforcing the and personal references;
owners’ and managers’ commitment to Important Considerations
integrity and ethical values. • Periodic training about the organi- According to the Association of
zation’s core values, including what Certifi ed Fraud Examiners’ 2004 Report
The Reaction to Unethical Behavior constitutes unethical behavior, the to the Nation on Occupational Fraud and
The federal government and the ac- employee’s responsibility to report Abuse, the typical organization loses
counting industry have responded to unethical behavior, and how to re- 6 percent of its annual revenues to
the erosion of public trust in the ac- port unethical behavior; occupational fraud. If multiplied by the
curacy of fi nancial reporting results by U.S. Gross Domestic Product, which
enacting legislation and standards that • Performance reviews that include in 2003 totaled just under $11 trillion,
specifi cally address management’s re- discussions of an employee’s contri- it would translate into $660 billion in
sponsibilities. The Sarbanes-Oxley Act bution toward creating the appropri- annual fraud losses. All organizations
of 2002 (SOX) addresses publicly- held ate workplace environment; regardless of industry, size, and location
entities and identifi es the CEO and are vulnerable. Companies that set
CFO as the primary parties responsible • Continuous evaluation of compliance the appropriate tone at the top send a
for “setting the tone at the top” of an with the organization’s values; clear message: that they’re committed
organization; moreover, it holds them to integrity and ethical values.
personally accountable for accurate fi - • Confi rmation, including an under-
nancial reporting and discovering and standing of the organization’s expec- Peggy Jury is a part-
disclosing fraudulent behavior. In addi- tations, compliance with the organi- ner with Plante &
tion, the AICPA Statement on Auditing zation’s code of conduct, and a listing Moran’s Assurance
practice.She has 30
Standards (SAS) No. 99 tasks auditors of known violations or statement of
years of experience
with evaluating an organization’s inter- no known violation.
in public accounting
nal control environment and assessing and fi nancial advi-
the “tone at the top.” While following While these measures are proactive sory services, spe-
these regulations will not guarantee in nature, organizations also need cializing in strategic
planning and agreed-
the complete honesty and integrity of to focus on reactive measures to
upon procedures.
an organization, they do clearly out- unethical behavior. The expectation
Peggy Jury
line the business owners’ and manag- that an act will be discovered can serve
ers’ responsibilities for maintaining an as a deterrent to unethical behavior.
Debbie Redding is a
effective internal control environment. The way an organization responds to manager with Plante
Legislative and regulatory bodies agree: incidents or suspected incidents may & Moran’s Manu-
management’s actions dictate the ef- help to reduce future occurrences. In facturing Consulting
Solutions practice.
fectiveness of the internal control en- addition, it’s important to foster an
She has 16 years of
vironment. environment where individuals are
experience in public
comfortable voicing their concerns. accounting and fi -
Into Action To send the right message when nancial services con-
Establishing (and continually reviewing) something unethical is detected, an or- sulting, specializing in
operational reviews
a code of conduct, ethics policy, or ganization should:
Debbie Redding and management
statement of business principles identifi es
assessments and re-
and documents exactly what behaviors • conduct a thorough investigation; views.
Genesee County Bar Association BAR BEAT March/April 2006
6
Contractors Beware: Personal Liability
Under the Michigan Builder’s Trust Fund Act
by Craig Fiederlein
The Michigan Builder’s Trust Fund The courts have been clear that
Act1 (MBTFA) is a legal tool to as- the burden of proof is on the defen-
sert personal liability against corporate dant to prove that no violation of the
Craig Fiederlein
offi cers of building companies on be- MBTFA occurred.3 Section 3 of the
half of material suppliers and subcon- MBTFA provides: “[t]he appropriation Attorney Craig R. Fiederlein, of the law
tractors in construction cases. by a contractor or any subcontractor fi rm of Harry, McMillen & Fiederlein, L.L.P.,
In a recent case on point, Trustees of any moneys paid to him for building is a member of the GCBA and the Cen-
of the Michigan Regional Council of Car- operations before payment by him of tennial Inn of Court. He concentrates
penters Employee Benefi ts Fund, et al. all moneys due or so to become due his practice in real estate, business, and
v Accura Concrete Walls Inc and Brian laborers, subcontractors, material men probate/estate planning. He currently
Jousma, 2005 WL 1838372 (ED Mich or others entitled to payment, shall be has a residential builder’s license and will
2005), U.S. District Court Judge Cohn evidence of intend to defraud.”4 The be seeking his real estate broker’s license
granted summary judgment in favor of reason is the contractor is deemed a with Mr. Christenson.
the Carpenters Union against the con- trustee of the funds held for the pay-
tractor Accura and Jousma, president ment of subcontractors, material men Endnotes
1 The Michigan Builders Trust Fund Act, MCLA
of Accura, individually, for violation of and laborers.
570.151 et seq.
the MBTFA. As a practical matter, to avoid per- 2 Diponio, supra at 50. See Weathervane
The U.S. District Court relied on the sonal civil liability under the MBTFA, Window, Inc v White Lake Constr Co, 192
Mich App 316, 325, 480 NW 2d 337
seminal case of Diponio Constr Co Inc v the contractor must submit a complete
(1991); People v Miller, 78 Mich App 336,
Rosati Masonry Co Inc, 246 Mich App 43, accounting per job. The payment of 343 (1977)
631 NW2d 59 (2001), stating that the car expenses, offi ce space, etc. is not a 3 See In re Little, 163 BR 497 (E D Mich
1994); In re Hickey, 1999 WL 3313133 E
prima facie elements for a civil cause of defense to personal civil liability under
D Mich 1999), But see James Lumber Co.
action under the MBTFA include: the MBTFA. The Act further imposes Inc v J & S Construction, Inc, 107 Mich App
criminal liability which, upon convic- 793, 309 NW 2d 925 (1981).
4 Trustees of the Michigan Reg. Council of
• The defendant is a contractor or tion, imposes a fi ne between $100 and
Carpenters, supra at p 2 citing MBTFA Sec-
subcontractor engaged in the build- $500 and/or between six months and tion 3, MCL 570.151.
ing construction industry; three years imprisonment.
• A person paid the contractor or
complexity
subcontractor for labor or materials The of determining value . . .
provided on a construction project;
• The defendant retained or used those Putting a price on a business is no
funds, or any part of those funds, easy task. Yeo & Yeo’s experienced valuation
specialists have the trainingand credibility to be
• for any purpose other than to fi rst the best advocates for your clients.
pay laborers, subcontractors, and
• Business Valuation
material men,
• Litigation Support
• Insurance Loss Accounting
• who were engaged by the defendant
• Estate & Gift Taxes
to perform labor or furnish material
• Succession Planning
for the specifi c project.
• Fraud Investigation
In DiPonio, the Court of Appeals Flint Office
stated that the MBTFA is remedial in Alan Rohde, CPA, PFS
1-800-899-4742
nature and therefore should be liber-
Saginaw Office
ally construed for the advancement of
David Schaeffer, CPA, ABV
the remedy.2 The statute of limitations Thomas Hollerback, CPA, DABFA
for the civil cause of action under the 1-800-968-0010
MBTFA is six years. www.yeoandyeo.com
March/April 2006 Genesee County Bar Association BAR BEAT
7
The Engaging Mr. Hart
by Randolph P. Piper
You probably don’t know this, but of Connecticut.) He loves high taxes, a good living…if they act profession-
your esteemed editor of Bar Beat big welfare, bigger government, and ally, a good living will follow.”
has a sadistic streak. She has asked me, onerous regulations. But he can’t stand William Wumkes said, “Always
for the good of our little magazine and republicans—unless they’ve been out root for the underdog—particularly
for the greater good of the Genesee of offi ce for at least 20 years and if it doesn’t cost you anything!” Cliff
County Bar Association community in dead for 5. Woe unto you if you are a would modify that a little bit: “Always
general, to chronicle the life and times republican from Michigan State! root for the underdog—even if it does
of another lawyer—a very engaging Yet, there is something engaging cost you something!” That is why Cliff
lawyer—but sadly, another lawyer with about Professor Hart. He lunches fre- is a favorite go-to guy for the local
whom I never agree. In fact, we more quently at the Bailiwick Restaurant in legal aid offi ce. Cliff is always willing
than disagree. Many times our dis- Flint, and I’ve noticed that when he to help fi nd justice for the little guy,
agreements are not even in the same holds class there, the dining lawyers the injured, or the needy. No profi t
ballpark. I say “up”; he says “cold”; I linger longer than when he is not there. motive—no profi t. Just help out.
say “hot”; he says “down”. It makes no I think they just want to hear what he Cliff is engaged. He has a meaningful
sense. is going to say next! Nevertheless, life: family, friends, profession, religion,
Of course, I write of Clifford H. Hart, people actually do seem to listen to and politics. Morrie Schwartz told
former president of our illustrious as- what he says. Maybe it’s because, his Mitch Albom in the book Tuesdays With
sociation, alumnus of the University wacky politics, notwithstanding, every- Morrie, “Remember what I said about a
of Michigan undergraduate and law one knows that he is a family man. His meaningful life? I wrote it down, but
schools, Association of Trial Lawyers wife, Alice, makes him think he actually now I can recite it: Devote yourself to
of America board member, President runs the house, and their three chil- loving others, devote yourself to your
of the Genesee County Bar Founda- dren, Michael, David, and Steven, are community around you, and devote
tion and owner of a résumé with more all attorneys. Having a child follow a yourself to creating something that
pages than this magazine. parent into the legal profession is not gives you purpose and meaning…. You
My father said that people in po- only a tribute to the parent but also notice there’s nothing in there about
lite company should never talk about to the profession. What a compliment! a salary.”
religion or politics. Apparently, Cliff Cliff understands that and was able to Cliff Hart is my Morrie Schwartz,
never met my father or is never in inculcate the majesty of our profes- except for me, every day is Tuesday.
polite company. Cliff loves politics and sion into not just one child, but into all
has no qualms about talking religion. three of his sons.
He has an opinion on everything, be- That should be no sur-
cause he cares about everything. If you prise, for Cliff does not Est. 1916
don’t have a care, by the time you’re believe in the law as a
done talking with Cliff you’ll care plen- business. To him it is a
GOULD ENGINEERING, INC.
ty. What’s more, if you don’t have an profession. Cliff has said, “I
Civil, Municipal, and Land Development
opinion, he’ll give you one, or even tell believe that professional- Engineering, GPS, Construction and
you what you meant to say. Frequently, ism is the most important Land Surveying
“A bridge to the future built on a legacy of excellence”
he’ll just give up and speak for you. No attribute and requirement
2040 East Maple Avenue
doubt about it, Cliff is fully engaged in of a lawyer.” Lawyers can-
Flint, Michigan 48507
his way of life. not be motivated by the [phone]
Fax: [phone]
For Cliff, political liberalism is not “bottom line.” Profes- www.gouldengineering.com
just his way of life. For him it is the only sionalism is the core of his
CIVIL ENGINEERS
way of life. He has never come across philosophy as an attorney. LAND SURVEYORS
LAND DEVELOPMENT PLANNERS
a problem that a government program He says, “Profi t motive
Contact us for consultation and professional services related to
can’t solve. He loves democrats— should not be a factor.
ALTA surveys, MDEQ Permit Services, Condominiums and
unless they are from the South. (I don’t This does not mean that Subdivisions, and Court Survey Expert Witness
Services
know how he explains Joe Lieberman lawyers should not enjoy
Genesee County Bar Association BAR BEAT March/April 2006
8
A Tribute to Ivor “Rovi” Jones
by Honorable Robert M. Ransom
He dubbed himself “Rovi Senoj” in became part of the eulogy at his me- serious, professional, and still laugh.
1983 when signing a card to my morial service: “Ivor was a damn good attorney. He
wife, Lynne—Ivor Jones spelled back- “As Defender Administrator, Ivor took his job seriously. He respected his
ward. Thereafter, he was always “Rovi” was responsible for the appointment clients and the attorneys who worked
to me and the group of criminal de- of legal representation for anyone with them and took them seriously. He
fense attorneys that he mentored. charged with a criminal offense in Gen- was seriously ethical, honest, and forth-
The name seemed so appropriate esee County who could not afford an right. He was without pretense and
for a guy with such energy and excite- attorney. If any attorney appointment guile. He never forgot a kindness or a
ment for life. To share highlights of “Ro- could not be made quickly enough, Ivor friend. He was irascible. When neces-
vi’s” life’s journey in the Bar Beat word would represent a defendant himself. sary, he could be serious.
allotment is a daunting task. He would often be required to appear “The only thing that Ivor did not take
in several courts on any given day, rep- seriously was himself. He lived each
Ivor Reginald Jones
resenting people he had just met, with moment to the fullest. He was the most
Born: March 9, 1922–Wales, U.K.
limited information available in their joyful individual I have ever met. Once,
Died: December 2, 2005–Hale, MI
court fi les. ‘Hectic’ cannot begin to de- I asked him why it was that he was al-
scribe each of Ivor’s days. . . . . ways so much fun. ‘Honey,’ he said, ‘after
Sound unusual? It’s what happened
“Working for Ivor was equivalent to surviving the invasion of Normandy, ev-
in between that made Rovi unique.
being caught in a 50 mile-an-hour wind ery day since then is a gift.’”
The Jones family immigrated to
in a rainstorm on the end of a pier It literally took two attorneys to re-
Johnstown, Pennsylvania in 1927. Join-
with six-foot waves crashing over the place Ivor upon his retirement.
ing the U.S. Army in 1942, Ivor served
rocks. He very seldom stood still. He Retirement took Ivor to Hale,
with the 2nd Ranger Battalion. “Like
frequently lost paperwork. He’d forget Michigan where he met and married his
waves crashing on the shore, hundreds
which defendant was in whose court wife, Joyce. For 13 years thereafter, Ivor
of men poured out of landing crafts on
at what time, and ‘What is that guy served as Director of the Bass Lake
Omaha Beach 06-06-44.” Ivor was one
charged with, honey?’ was frequently Criminal Defense Symposium. Annu-
of them. He scaled the 300-foot cliffs
heard . . . . ally, his following of criminal defense
despite being wounded, and survived
“For those of you who did not work attorneys and several Genesee County
when many did not.
with or know Ivor during his years of judges attended this auspicious edu-
After graduating from Penn State
working within the criminal justice sys- cational outing. At the same time, he
University, he and his wife, Jenny, moved
tem in Genesee County, you may feel remained very active with the WW II
to Michigan, where he attended the U
that I’m being disrespectful. Quite the Rangers Battalion Association.
of M and graduated from the Univer-
contrary. Those of us who worked with In 2004, Ivor, and his son, attorney
sity of Detroit Law School while work-
him when he was a prosecutor, private Kurt Jones, traveled to Normandy, for
ing as a claims adjuster for Ohio Ca-
attorney, and Defender Administrator the 60th anniversary of D-Day, where
sualty.
have nothing but the utmost respect he suffered a stroke. While in a French
His family, which included children,
for him. This was demonstrated when hospital, problems developed securing
Kurt, Kerri and Kristi, eventually settled
he retired and the entire legal commu- Blue Cross payments of Ivor’s medical
in Flint, where he began a legal career
nity attended his retirement party. One expenses. When attempting a confer-
in the Genesee County Prosecutor’s
of the main events at the party was an ence call between Blue Cross and the
offi ce. Private law practice and ap-
Ivor Fashion Show. Several attorneys hospital administration, Kurt was in-
pointment as special attorney general
modeled clothing from Ivor’s actual formed there would be no bill. The hos-
followed.
wardrobe: shirts and pants with mis- pital board of directors concluded that
Ivor really left his mark on Flint’s le-
matched patterns; pairs of shoes, one was the least they could do for Ivor’s
gal community when he was appointed
brown and one blue; unzipped trousers service to their country. Ivor was truly
Genesee County’s fi rst Defender Ad-
with shirttails caught in the zipper. And a hero in France and Europe. “Rovi” will
ministrator. In that role, Judy Tanner
smiles of affection and sounds of laugh- always be a hero to me!
served as Ivor’s secretary and captured
ter. He gave us that. The ability to be
his essence in a letter to the family that
March/April 2006 Genesee County Bar Association BAR BEAT
9
The Winegarden Letter
by J. Dallas Winegarden, Jr.
Some readers may think I am ex- cans and other U.S. residents. When
treme in my views, but that is not the done without a court order, wiretap-
case. I am a constitutionalist and be- ping is both unconstitutional and illegal
J. Dallas Winegarden, Jr.
lieve this country can only survive if under the Foreign Intelligence Surveil-
we maintain its tradition of liberty. It lance Act. It is the responsibility of Congress
is challenging to be vigilant but even In addition to suspected “terror- to decide if oaths of offi ce were bro-
more important to do so in times our ists,” over 150 domestic political and ken or federal laws were violated. Con-
safety is threatened than when we are religious groups in 20 states are being gress should appoint special counsel
snug in our beds. Consider the follow- monitored. The government is using now, to preserve our system of checks
ing act of President Bush and the FBI. its counterterrorism resources to in- and balances, if American democracy is
President Bush has fl atly broken fi ltrate activist groups such as People to survive. Before the holidays in De-
the law in my opinion, secretly autho- for the Ethical Treatment of Animals, cember, there was a glimmer of hope
rizing the NSA to spy on Americans Greenpeace and United for Peace and as democrats and republicans in the
here at home. We said Nixon was not Justice. The FBI has reverted to its Senate blocked reauthorization of the
above the law, and the same should stance in the 1960s to include under Patriot Act because it failed to protect
hold true for W. surveillance, now in the guise of anti- civil liberties. Perhaps the farther away
Bush acknowledged the secret au- terrorism, citizens and groups that par- we get from the horror of 9/11, the
thorization to allow eavesdropping on ticipate in lawful protests or civil dis- more clearly we will see the need to
phone calls and e-mails from Ameri- obedience. protect the constitution.
R J & A
AYMOND AMES SSOCIATES
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advantage of this personalized and customized service. The Genesee County Bar Association has recommended
Raymond James to its members. Put our experience to work for you.
MICHAEL DOYLE CHRISTOPHER S. KELLY, JR. GUY MOXAM
LEWIS S. ELIEFF RAYMOND J. KELLY, III JERRY PETTEY
GARY FORREST JOSEPH LEMELIN CHRISTOPHER D. WARNER
MICHAEL HEBNER PETER LEMELIN
• • • • •
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R J & A
AYMOND AMES SSOCIATES
MEMBER NEW YORK STOCK EXCHANGE, INC & SIPC
3499 South Linden Road - Flint, Michigan [phone] or [phone]
Genesee County Bar Association BAR BEAT March/April 2006
10