Newburg Law Blog

Michigan Standardizes CPL Process by Eliminating County Gun Boards

by: Jason Osbourn

December 2, 2015 at 8:46 PM EST

As of December 1st, County Gun Boards are a thing of the past and Michigan is now a “shall issue” State. Legislation recently signed into law by Governor Snyder establishes a specific set of criteria which, if met, requires the County Clerk to issue a Concealed Pistol License (CPL). Gun Boards and the discretion they exercised are no longer a component of the licensing process.

Gun Boards were three-member panels created under Michigan Law to evaluate and license applicants for CPLs. These...

Medical marijuana user can be prosecuted for smoking in parked car

by: Matt Newburg

November 25, 2015 at 8:33 PM EST

A registered medical marijuana user who smoked marijuana in his own car while the car was parked in a public parking lot was not entitled to the protections or defenses afforded by the Medical Marihuana Act, the Michigan Court of Appeals has ruled.

The Court of Appeals published decision in People v. Carlton reversed the rulings of both the circuit and district courts, which had dismissed the marijuana possession charges that were brought against the defendant. The defendant was smoking marijuana...

Mandated joint custody bill is getting an icy reception

by: Kristin Arnett

November 5, 2015 at 8:32 PM EST

Legislation that would require courts to award joint custody in divorce cases is being criticized by trial judges and family-law practitioners as being ill-conceived and not in the best interests of Michigan children.

House Bill 4141 would mandate that trial courts order joint custody unless there is clear and convincing evidence that a parent is unfit, unwilling or unable to care for the children.

Trial judges assert that HB 4141 eliminates their discretion in custody and parenting-time cases, while...

Greater Police Accountability for Confiscated Property

by: Matt Newburg

October 8, 2015 at 9:20 PM EDT

Local police departments will find it more difficult to keep and sell confiscated property under legislation that has sailed through both the Michigan House and Senate.

On Oct. 7, the Senate unanimously passed a seven-bill package aimed at reforming Michigan’s civil forfeiture law. The House passed the legislation several months ago with little opposition.

House Bills 4499, 4500, 4503, 4504, 4505, 4506 and 4507 are now on Gov. Rick Snyder’s desk. He is expected to sign them.

The bills will...

Simpler stepparent adoptions on the horizon

by: Kristin Arnett

October 4, 2015 at 9:18 PM EDT

On Oct. 1, the Michigan Senate approved a measure that will make it less complicated for stepparents to legally adopt their spouse’s children.

Senate Bill 458, sponsored by Sen. Tonya Schuitmaker, R-Lawton, would let a custodial parent’s new spouse petition the court to adopt the child. If the noncustodial parent has not paid support for the child or has not visited or had contact with the child for at least two years, the court may terminate the rights of the noncustodial parent.

The...