US House Judiciary Committee Democratic Report finds Michigan's Emergency Manager Law Unconstitutional

 

 

The United States House Judiciary Committee Democratic Staff released their report on the legal implications of Michigan’s Emergency Manager Law. The report entitled, “Democracy for Sale: Subverting Voting Rights, Collective Bargaining, and Accountability under Michigan’s Emergency Manager Law”.

The Report represents the first comprehensive legal analysis of the Emergency Managers law since its adoption. Foremost among the Report’s detailed findings is the conclusion, based on expert testimony (including preeminent academic expert Professor Kenneth Klee) and legal precedent that the Emergency Manager law is unconstitutional because it violates the Contracts Clause of the U.S. Constitution. The Report also identifies other serious legal and management issues. The Report contains several recommendations, including amending the law; collaborative actions by local, state and federal authorities; and increased federal oversight of the law.

Poverty has a huge impact on the ability of Michigan’s economy to recover!

When people have less disposable income, consumer spending goes down, forcing businesses to lay off workers or shut down entirely. This means less revenue for the state as incomes decrease and the tax base shrinks. With high long-term unemployment in Michigan, many Michiganians have had drops in their income, thus impacting their ability to spend. Michigan’s median household income of $45,413 dropped by 11 percent over the past five years, the second highest drop in the U.S.

 

 Poverty

Poverty in Michigan was 16.8 percent in 2010 and child poverty was 23.5 percent. Though 41 percent of those living in poverty worked during 2010, total poverty and child poverty have grown by more than 50 percent over the past 10 years and Michigan’s family poverty rate is the fourth fastest growing in the nation. Isabella County had the highest poverty rate at 32.5 percent and more than half of Michi-gan’s counties had poverty rates of at least 15 percent.

 

 Children

Children have been especially harmed. Child homelessness grew by 40 percent between the 2009–2010 school year and the 2010-2011 school year. More than 31,000 children in Michigan are homeless and more than 700,000 are on food assistance. Fourteen Michigan counties had more than one-third of children in the county living in poverty. In Lake County, 45 percent of children were in poverty in 2010. Charlevoix, Macomb, Monroe, Oakland and Ottawa counties have had their child poverty rate grow by at least 50 percent since 2006.

Unemployment

Michigan led the nation in unemployment between 2006–2009. The state has not experienced the current level of unemploy-ment since the early 1980s. The changes over the last decade have been extreme, with unemployment growing by more than 200 percent. Seventeen counties had unemployment rates of 15 percent or greater in 2010. Baraga County had the high-est unemployment rate—23.3 percent of the county was jobless. All but three counties had unemploy-ment double over the past decade. Allegan, Livingston, Oakland and Ottawa counties all had unemployment rates that tripled. Fortunately, Michigan’s unemployment rate has started to decrease over the last few months, but reaching pre-recession employment levels will take years.

Public Structures

Although recent legislation was passed to reduce the amount of time that Michiganians receive cash assistance, the average number of months that a household is on cash assistance has declined by
42 percent since 2001. Sixty-five percent of Michi-ganians getting cash assistance receive benefits for 12 months or less. One-quarter of recipients are on cash assistance for three months or less. These numbers are from before the 48-month time limit changes were made. In 2011, the average number of months a household received cash assistance was 14.9.

Michigan’s recession has forced many to rely on the public structures that help children and families until the economy stabilizes. A quarter of the state’s population received some sort of help in 2011. Nationally, studies have shown that two-thirds of American adults will rely on a safety net program during their lifetime. Public structures that help children and families also work to stabilize incomes and consumer spending and speed up economic recovery. Cash assistance, food assistance, unemployment insurance and home-lessness prevention can help provide the temporary relief needed by so many families in Michigan as well as bolster the economy so that it can grow and thrive. Policies that seek to undermine these programs will only slow the state’s recovery.

Policy Recommendations

Instead of focusing on making government assistance programs more punitive, now is the time to expand these short-term support programs. For Michigan to be truly competitive in the future, it must have the people and infrastructure that will attract investments in the state. For economic recovery to be possible, the state must invest in its people. Michigan’s financial future will be greater if its economy is designed to make sure all people in the state are able to maintain stability and economic balance. Michigan’s economy must work for everyone, and not just those at the top of the income scale.

Realizing the American Dream Through the Affordable Care Act (Obamacare)

Realizing the American Dream Through the Affordable Care Act (Obamacare)
LADA July Blog

This summer as we attend parades, pitch horseshoes, Bar-B-Que or view fireworks, it’s a good time to reflect on the freedoms we enjoy as Americans.

The many generations before us and the hard work many exuded from the sweat of their brow allows us to enjoy our freedoms today. Our founding fathers envisioned freedom from oppression. Today we are more likely to express the idea as the ability to live freely – and the freedom to reach for the American Dream. That dream is a little closer with the Supreme Court upholding the constitutionality of the Affordable Care Act. This historic decision means we are progressing toward the goal of healthcare for all. We’ll all benefit if we have a healthier population.

Last week, when the Supreme Court decision was announced, people all over the country rejoiced but it was an even more exciting time for child and family advocates, knowing that there is now safe passage through a treacherous portion of the path leading to better healthcare for all. More importantly we should keep in mind that a key portion of the Affordable Care Act – the expansion of Medicaid – remains a question mark.

The court ruled that Medicaid expansion is an option, not a mandate, and states will decide whether to participate. Thankfully, Gov. Rick Snyder said he’s weighing options, and he did not immediately join some other GOP governors in rejecting the expansion. (See Michigan League of Human Services Jan Hudson’s blog for more information.)

The harsh reality we face now us is the potential of automatic budget cuts that would hinder the ability of public entities to help Michigan families through tough times.

It is vitally important that we understand the impact of the federal Budget Control Act. In January, unless an alternative is agreed upon, automatic cuts will slice some 8% in federal funding from most programs. These are deep cuts that will hurt programs such as WIC, Head Start, special education, Pell grants and others that give children a chance at growing into productive adults.

Many in Congress would protect the military from the any cuts and extend the expiring Bush tax cuts triggering even deeper cuts in the rest of the public programs. And these are in addition to the dramatic cuts made at the state level recently.

As our economy slowly improves, the programs that help children and families with the basic necessities must be in place. Helping children through tough times will pay off in the long run by preventing negative, lifelong impacts from poverty.

So, after you celebrate the freedoms we enjoy throughout the summer, let’s resolve to jump into the hard work of making sure the next generation has plenty of opportunity to prosper and to achieve that American Dream.

by Al Williams

Unemployment Insurance expanded to include Work Sharing

Governor Snyder has signed a work-sharing bill that gives qualifying employers an important tool for avoiding layoffs. Rather than laying off some employees entirely, the employer reduces hours for a group of employees for a specified length of time and Unemployment Insurance benefits make up part of the employees’ lost wages. This will go into effect Jan. 1, 2013, and has a five-year sunset.

The League has published a fact sheet, Work Sharing: A Win-Win Solution for Workers and Employers that explains the new policy. As noted in the fact sheet, workers benefit from work sharing because they will have less disruption in their household income than if they are laid off. Employers benefit from work sharing because it enables them to keep their skilled workers rather than having to search for, hire and train new workers when business improves. Overall, Michigan benefits when there are fewer layoffs and less risk of some workers becoming long-term unemployed.

While this is a positive development, there still is work to be done. As a League report explained last November, Michigan’s UI program still falls short in many ways, most notably in that it only provides benefits for a maximum of 20 weeks. The new work-sharing program will not be able to help those who are laid off entirely and are unable to find work after 20 weeks of job search. But it may prevent some others from getting into that situation and is definitely a good step for Michigan.

Workers benefit from work sharing because they will have less disruption in their household income than if they were laid off. While UI benefits never replace 100% of lost wages, the wage loss is lower for workers with reduced payroll hours than for those with no payroll hours at all. For some workers, it will mean not getting laid off; for others, it will mean “sharing the sacrifice” through a reduced income so that their co-workers will not be laid off. Workers also benefit because they can continue receiving health insurance and other benefits without disruption (this is a requirement of the law). Participating in work sharing does not count against a worker’s available weeks of Unemployment Insurance, nor is the employee required to participate in job search activities (since it is expected that the employee will in the future be working full time again for the employer).

Employers benefit from work sharing because it enables them to keep their skilled workers rather than having to search for, hire and train new workers when business improves. This reduces unpredictability, administrative costs and training costs. It can also help maintain positive morale in the workplace, as workers are likely to prefer spreading the sacrifice around rather than fearing the loss of their jobs entirely.

Bieda Praises Signing of Paternity Legislation Into Law

Bieda Praises Signing of Paternity Legislation Into Law

LANSING- Senator Steve Bieda (D-Warren) is pleased that Governor Snyder has signed into law a package of bills he sponsored that amends Michigan’s paternity laws. Under the old law, a woman’s husband is legally her child’s father, even if the child was fathered by another man. One well documented case is that of Daniel Quinn, of Fenton, MI. Despite having proved paternity and raising his daughter for two years, Mr. Quinn was denied parental rights because the girl’s mother was married to another man at the time of birth.
“Advances in science have made the old system for determining paternity obsolete,” said Senator Bieda. “This law will remove legal barriers that are preventing fathers from having a relationship with their children. I think it’s great that passage of this law comes before Father’s Day, it will be an early gift to some fathers.”
In Michigan, 42% of all babies are born to unmarried women. This trend has led to an increased focus on the father of these children. Unmarried fathers have few legal rights when they seek recognition and expanded roles in raising their children. The four bills create the Revocation of Paternity Act and set out procedures for establishing that a presumed father is not a child’s actual father. The individuals involved would be required to participate in and pay for blood or tissue typing or DNA profiling.

Legal Aid and Defender Association, Inc. (LAD) Small Claims Courts Workshops

Legal Aid and Defender Association, Inc. (LAD) conducted the first in a series of three free workshops on small claims courts April 24 at LAD headquarters, 613 Abbott St.

 

The workshop was designed to teach residents of Wayne County to represent themselves in the small claims division of 36th District Court in Detroit and collect money judgments. Michelle Johnson, supervising attorney of LAD's Detroit-Wayne office, conducted the workshop.

"Small claims court is a judicial process in district courts that allows for settling money dispute of $3,000 or less," Johnson said.

Although plaintiffs cannot be represented by attorneys in small claims courts, Johnson told attendees at the workshop, "It is always advisable that you discuss your particular circumstances with your attorney before going to court."

LAD's second workshop, for Macomb County residents, will be held Tuesday, May 15 at Clinton/Macomb Library, 40900 Romeo Plank Road, Clinton Township.

The third workshop, for Oakland County residents, will be held Wednesday, June 20 at Oakland County Law Library, 1200 N. Telegraph Road, Pontiac.

Registration for both workshops will begin at 3:30 p.m. The workshops themselves will begin promptly at 4:00. For further information, contact Gina Polley, deputy chief counsel of LAD's Civil Law Group, at (313) 967-5638 or GPolley@ladadetroit.org.

THE FIGHT FOR QUALITY INDIGENT DEFENSE IN MICHIGAN!

Where are we in the fight for quality indigent defense in Michigan…?
…On the brink of what could be major steps towards the day when indigent defendants charged with crimes can count on having a public defender that will betrained and accountable!
The National Legal Aid & Defender Association (“NLADA”) released a June 2008 evaluation of Michigan’s indigent defense system, and found that “the state fails to provide competent representation to those who cannot afford counsel in its criminal courts”

On October 13, 2011, at the urging of numerous legal and community leaders, Michigan Gov. Rick Snyder issued a historic Executive Order establishing the state’s first Indigent Defense Advisory Commission (“Commission”) to make recommendations to the Governor and the Legislature for “improvements to the system of providing legal representation for indigent criminal defendants.”
After several meetings, the 14-member Commission has issued nine recommendations,and endorses the establishment of a permanent Commission that will promulgate and implement rules requiringstate-wide standards and enforcement, and provide a greater assurance of quality legal representationfor poor defendants.

Now we need the Legislature to introduce and pass a bill that will not only create a permanent Commission, but arm it with the tools necessary to implement all of the recommendations offered by the Advisory Commission. Wayne County, home to the State’s largest city, Detroit, is also Michigan’s most populated county (with 1,820,584 residents); and is most densely populated (with 2,974 residents in each of its 614 square miles). Richly diverse, it boasts a population that is 52.3 percent white, 40.5 percent African American, 5.2 percent Hispanic/Latino, and 2.5 percent Asian.
Wayne County can also be viewed as “ground zero” for many of the problems that face indigent defenders in Michigan. Wayne County residents constitute a plurality of Michigan’s prison population.

According to the Urban Institute’sReport on Prison Reentry in Michigan, “Approximately one-third (34 percent) of prisoners released to parole in 2003 retuned to Wayne County – a county that already faces greater economic and social disadvantage than many other counties throughout the state. For example, the percentage of families living below the federal poverty level in Wayne County is 72 percent higher than the statewide average, and the Part I crime rate is 57 percent higher in Wayne County. The majority (80 percent) of prisoners released to parole in Wayne County returned to Detroit, where the unemployment rate in 2000 was more than double what is was in poverty.  Among the prisoners released to parole in Wayne County, 41 percent returned to eight zip codes – all of which are in Detroit. Most of those eight zip codes display high levels of economic and social disadvantage”

So, what’s the problem?

 One of the problems in Wayne County is that the community is not aware of – nor has it been engaged in – the struggle for quality indigent defense. Most people do not see it as a pressing – or even personal – problem. Consequently, they have not demanded reform, nor held their elected officials accountable for the mess we’re in!
However, when one thinks about it, almost everyone in Wayne County has been touched – or has a family members or friend who has been touched – by the indigent defense system. Just look at Wayne County’s prisoner reentry return rate! We all have a stake in the outcome of this process.



Al (BJ) Williams