Court Won't Respond

[evansste]

What makes him think that the court must respond in 56 days? I'm asking for a specific citation to a court rule or state statute/law.

I finally heard back from my father. The law, that he's referring to, is Michigan Court Rule: MCR 8.107(A)(B) Statement by trial judge as to matters undecided

(A) TIME. Matters under submission to a judge or judicial officer should be promptly determined, short deadlines should be set for presentation of briefs and affidavits and for production of transcripts. Decisions, when possible, should be made from the bench or within a few days of submission; otherwise a decision should be rendered no later than 35 days after submission. For the purpose of this rule, the time of submission is the time the last argument or presentation in this matter was made, or the expiration of the time allowed for filling the last brief of production of transcripts, as the case may be.

(B) REPORT AS A MATTER UNDECIDED. On the first business day of January, April, October of each year, every trial judge shall file a certified statement with the chief judge in the form prescribed by the court administrator. The statement shall provide information on all matters pending during the reporting period that were not decided within 56 days from submission. The judge shall state the reason that a decision was not made within 56 days from submission. A report is required regardless of whether there is any case to report.

COMMENTARY - Staff Statement
New MCR 8.107(A) Requires a judge to decide matters promptly after submission. MCR 8.107(B) Requires a judge to submit quarterly reports that include information on all matters pending during the reporting period that were not decided within 56 days of submission.

 

[Zigner]

That section doesn't require a response within 56 days, rather, it requires a quarterly reporting to the chief judge of all items not decided within 56 days.

 

[adjusterjack]

Besides, Chapter 8 is Administrative rules, not criminal court rules.

 

[Zigner]

Besides, Chapter 8 is Administrative rules, not criminal court rules.

It applies to criminal courts as well:

Rule 8.101 Applicability of Administrative Rules
The administrative rules of subchapter 8.100 apply to all courts established by the constitution and laws of Michigan, unless a rule otherwise provides.

Michigan Court Rules Chap 8. Administrative Rules of Court

 

[evansste]

That section doesn't require a response within 56 days, rather, it requires a quarterly reporting to the chief judge of all items not decided within 56 days.

Exactly -- as described in the "commentary" section of the post.

What this does is prevent cases from falling through the cracks. Because a quarterly report of all undecided cases must be given, it will bring up the fact that he hasn't received a response; which will then point back to rule "A".

So, the real question remains. What can a person do when a court doesn't respond? We know that there's a quarterly reporting of all cases that have not been decided. So what happens when a person's case falls into that quarterly report?

So, in that sense, a person should be able to seek resolution within the 56-day time frame.

 

[Zigner]

So, in that sense, a person should be able to seek resolution within the 56-day time frame.

There is no logical way to leap from a reporting requirement to a person being able to seek resolution in such a time frame. There are many reasons that the court may not have responded to something.

 

[evansste]

There is no logical way to leap from a reporting requirement to a person being able to seek resolution in such a time frame. There are many reasons that the court may not have responded to something.

So, how do we find out that reason? We know that there's a quarterly report of cases that fall through the cracks. Because my father hasn't heard back within that 56-day time frame of how often these reports are generated, his case should be in that report. So, what now? How does his request, which has certainly fallen through the cracks, get resolved?

 

[Zigner]

So, how do we find out that reason? We know that there's a quarterly report of cases that fall through the cracks. Because my father hasn't heard back within that 56-day time frame of how often these reports are generated, his case should be in that report. So, what now? How does his request, which has certainly fallen through the cracks, get resolved?

I don't agree that it is a certainty that the request has fallen through the cracks. Realistically, he's going to need an attorney. Keep looking for one who can help.

 

[evansste]

My father has raised another question. He's putting together a Notice of Hearing. Because he's a layman, and is untrained in law, he believes the court should treat his pleading liberality -- In short, that they should overlook procedural errors. There is case law to back this up; Haines v Lerner, 400 US 519, 520 (1972) and Franklin v Rose, 765 F.2d 82, 84 (6Th Cir. 1985). Is it realistic to believe that the court will behave in such a way -- that they'll overlook procedural errors?

I don't agree that it is a certainty that the request has fallen through the cracks. Realistically, he's going to need an attorney. Keep looking for one who can help.

I agree that having an attorney would be the most ideal route. However, accumulating proper funds is very time consuming. In the meantime, he's chosen to take some form of action. I don't blame him. Because he's the one doing the time, he'll always be his own greatest advocate. As long as there's no attorney, he's going to want to do something.

Thanks for your response.

 

[Redemptionman]

I am not a good resource on serious criminal convictions but there is a Northwest Center for Wrong Convictions which looks like it could be helpful. Not as high profile as the others but looks like a good resource.

When the wrongly convicted enter prison they have to learn law procedure all on their own, and the biggest hurdle to overcome will be that procedure since you only gain that in court.

Good Luck with it.