Mom and Dad Tsimhoni

Judges must be fair and impartial despite the intense family emotions that swirl about their case load. The judicial system depends on that bedrock principle.

When you file a case in one of the county family courts here in Michigan, the county clerk that processes the complaint utilizes a blind draw system to assign your judge. This means that litigants cannot select the judge assigned to their case.

Sometimes, family court litigants are viscerally dissatisfied with the judge assigned to their case, especially when the judge makes decisions adverse to their interests. In every case, the family court judge will upset one of the two parents embroiled in a custody or parenting battle.

Judges are required to remain neutral, unbiased finders of fact; these judges are charged with determining the best interests of the minor children in every case. From time to time, a parent believes that the judge has lost their impartiality and claims that their judge is personally invested in their case to the point of bias.

When these allegations surface, one option available to family court litigants is to file a motion to disqualify the judge. If a family court judge denies such a motion, then the offended litigant can file the motion with the chief judge of the circuit court.

Recently, this procedure played-out in the high-profile, high-conflict Tsimhoni divorce. The mother attempted to disqualify Judge Lisa Gorcyca after her three children spent their summer in Children's Village and at a court-ordered juvenile camp, and more-recently, after she lost custody of the children to her ex-husband.

After these adverse rulings, and after she changed lawyers for about the 10th time, mother filed the motion to DQ the judge, and Judge Gorcyca denied the requested relief, refusing to step down from the case. Among the thousands of cases on the open family court docket in Oakland County, this one stands-out due to mother's severe parental alienation against the father.

Mother's new lawyer filed an appeal with Oakland Circuit's Judge Nanci Grant, the chief judge of the court.

Now, as this parental alienation case blew-up in the national media because both parents refused to work together as co-parents, they tossed it into the lap of the Oakland County Family Court where Judge Nanci Grant has recused herself from hearing the appeal of mother's attempt to disqualify Judge Gorcyca.

This was a very strategic move by the veteran Oakland County chief judge. Now that she has recused herself, the case goes before the plenary court to determine whether any of the remaining judges wish to take the case.  We don't think there will be any takers.

If none of the judges on the Oakland County Circuit Court want this steaming pile of horse dung, it goes to the family court judges of an adjacent county like Wayne, Genesee or Macomb County Circuit Courts.

The parents now need to bury the hatchet and regain control of their family for the sake of their children.

One of the best kept secrets of the family court is that the judges are powerless if the parents agree on a plan going forward. If they cannot agree, then they judges have the power to control every aspect of of their family life.

It is exceedingly difficult and rare to successfully bring a motion to disqualify a judge. For the most part, family court litigants are stuck with the "luck-of-the-draw" where judicial case assignments are concerned.

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Post #502

For the first time in its long history, the Oakland County Circuit Court has appointed an Attorney Ombudsman to serve as a liaison between the county's bench and the bar.  Southfield Attorney Joel Serlin has the distinction of being the first Ombudsman to the Oakland Circuit beginning December 1, 2011.

In announcing the appointment, Chief Judge Nanci Grant said:

Our bench is excited to participate in the inaugural ombudsman program.  We embrace the program, and the opportunity presented, as an illustration of the importance attached to the transparency and accountability of the bench and bar - to each other, of course, but more importantly to the administration of justice in Oakland County.

The role of this ombudsman will be to address the administrative and case management issues raised by the Oakland County bar.  The OCBA proposed the notion of appointing an ombudsman over a year ago. When the proposal was formally presented to the Oakland judges, it received overwhelming support.

The purpose underpinning the program will be to provide a discreet forum for attorneys practicing before the Oakland bench to address matters for which there is no other avenue in which to seek redress of their various concerns.  The ombudsman is independent of the judiciary and maintains confidentiality relative to the requests  made to his office.

This development is just another example of how practicing law in Oakland County is a distinct professional pleasure.  We welcome this development; kudos to the OCBA and all the Oakland County Circuit Judges.

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When you die a billionaire, your estate is often going to be heavily litigated before a certificate of completion is filed with the probate court.  Particularly when your widow (and business partner) is not the mother of your children.

Another ingredient for guaranteed protracted probate litigation: last minute changes to your will.

Local billionaire Bill Davidson's estate had all of these characteristics.  After his death in March 2009, Davidson's estate was estimated at well-over a billion dollars.

Davidson parlayed his fortune from Guardian Industries, a glass company, into a sports empire that once included world-champions Detroit Pistons and Detroit Shock, as well as the Tampa Bay Lightning hockey team, and the Detroit Fury arena football team.

The estate and the $20 million claims filed against it, first denied but then eventually settled, are all on file with the Oakland County Probate Court.  The terms of the settlement, however, are not.

Apparently, the problem arose when Davidson made changes to his 19-page will during the last week of his life.  Those testamentary amendments broke-up Davidson's estate into three separate trusts and named his wife, a son and a daughter, all Bloomfield Hills residents, as the sole beneficiaries.

The probate litigants pitted Davidson's spouse and owner of the Detroit Pistons, Karen Davidson, against his son and daughter.   The dispute involved claims against the estate filed by Milestones Upgrading & Industries Co., an Israeli company, and Big Ben Investments; companies with which Mr. Davidson had a long business-relationship.

The claims filed by Milestones and Big Ben alleged that Mr. Davidson made up to $20 million in investment pledges to the companies.  Karen Davidson, listed as a manager for Big Ben, wanted her husband's estate to honor the pledges, saying they were consistent with Mr. Davidson's testamentary wishes.

In collateral "breach of contract" litigation assigned to Oakland Circuit Judge Nanci Grant, the corporate plaintiffs also privately settled the circuit court disputes via stipulated orders of dismissal in July.

While these large probate and circuit court disputes were being negotiated and resolved, you may recall rumors that Karen Davidson was shopping the Detroit Pistons for an interested purchaser.  Fortunately, the Davidson Estate has enough money to resolve the expensive claims made against it and to apparently keep the Pistons right where they are; in the suburbs of the "D".

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