STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB In re DONNA ELAINE ANDERSON, individually and on behalf of all others similarly situated, Circuit Comi Case No. 15-- - - --AS Hon. Arising from 38th District Court Case Nos. 14EA04628A-OM 14EA04628B-OM District Judge Carl F. Gerds III ---------------~/ Daniel S. Korobkin (P72842) Sofia V. Nelson (P77960) Michael J. Steinberg (P43085) American Civil Libe1iies Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org JUL = 9 2015 CARMEtlA SAkSAUGH MACOMB COUNTY CLERK Miriam J. Aukerman (P63165) American Civil Liberties Union Fund of Michigan 1514 Wealthy St. SE, Ste. 242 Grand Rapids, MI 49506 (616) 301-0930 maukerman@aclumich.org Attorneys for Plaintiff ---------------~/ BRIEF IN SUPPORT OF COMPLAINT FOR SUPERINTENDING CONTROL TABLE OF CONTENTS INDEX OF AUTHORITIES .......................................................................................................... iii JURISDICTION .............................................................................................................................. 1 QUESTION PRESENTED .............................................................................................................. 2 INTRODUCTION ........................................................................................................................... 3 FACTS ............................................................................................................................................. 4 People ofthe City ofEastpointe v Ryan Edward Rockett .......................................................... S People of the City of Eastpointe v Stephane Earl-Rico Milton .................................................. 7 Additional Examples of "Pay or Stay" Sentencing in the 38th District Court .......................... 8 People of the City ofEastpointe v Donna Elaine Anderson ...................................................... 9 LEGAL STANDARD .................................................................................................................... 12 ARGUMENT ................................................................................................................................. 13 I. By sentencing defendants to "pay or stay" without assessing their ability to pay, Judge Gerds is violating a clear legal duty ........................................................... 13 II. Direct appeals are not an adequate legal remedy for challenging a generalized "pay or stay" sentencing practice ................................................................................. 15 CONCLUSION AND RELIEF REQUESTED ............................................................................. 19 11 INDEX OF AUTHORITIES Cases Bearden v Georgia, 461 US 660; 103 S Ct 2064; 76 LEd 2d 221 (1983) ................................ 6, 13 Cahill v Thomassen, 393 Mich 137; 224 NW2d 24 (1974) ........................................................... 16 Frederick v Presque Isle Co Circuit Judge, 439 Mich 1; 476 NW2d 142 (1991) ................... 12, 13 In re Hague, 412 Mich 532; 315 NW2d 524 (1982) ..................................................................... 16 Lockhart v Thirty-Sixth Dist Court Judge, 204 Mich App 684; 516 NW2d 76 (1994) ..... 12, 15, 17 People of the City of Eastpointe v Rockett, unpublished opinion ofthe Macomb Circuit Court, issued March 18,2015 (Docket No. 15-444-AR) .......................................... A, 6, 14 People v Collins, 239 Mich App 125; 607 NW2d 760 (1999) ............................................ 6, 13, 14 People v Jackson, 483 Mich 271; 769 NW2d 630 (2009) ......................................................... 6, 14 Recorder's Court Bar Ass 'n v Wayne Circuit Court, 443 Mich 11 0; 503 NW2d 885 (1993) ........................................................................................................................... 12, 17 Smith v Common Pleas Court ofDetroit, 106 Mich App 621; 308 NW2d 586 (1981) ............... .16 Tate v Short, 401 US 395; 91 S Ct 668; 28 LEd 2d 130 (1971) ................................................... 13 Williams v Illinois, 399 US 235; 90S Ct 2018; 26 LEd 2d 586 (1970) ...................................... .13 Constitutional Provision, Statute and Court Rule Const 1963, ati 6, § 13 ............................................................................................................... 1, 12 MCL 600.615 ......................................................................................................................... 1, 3, 12 MCR 3.302 ....................................................................................................................... 1, 3, 12, 15 Other Authority S CAO Ability to Pay Workgroup, Tools and Guidance for Determining and Addressing an Obligor's Ability to Pay (April20, 2015) ..................................................................... 13 111 JURISDICTION This Court has jurisdiction to exercise superintending control over the 38th District Court pursuant to Const 1963, art 6, § 13, MCL 600.615, and MCR 3.302. 1 QUESTION PRESENTED Should this Court assume superintending control over the 38th District Court and order Judge Carl F. Gerds III to perfonn his clear legal duty to refrain from imposing "pay or stay" sentences on indigent defendants who cannot afford to pay? Plaintiff says: Yes. 2 INTRODUCTION In this action for superintending control pursuant to MCL 600.615 and MCR 3.302, plaintiff Donna Elaine Anderson requests that this Court order 38th District Court Judge Carl F. Gerds III to perform his clear legal duty to refrain from imposing "pay or stay" sentences on indigent defendants who cannot afford to pay. Although imposing "pay or stay" sentences on defendants who cannot afford to pay is clearly unconstitutional under binding United States Supreme Court and Michigan case law, Judge Gerds maintains a general practice of imposing such sentences without an ability-to-pay determination. As a direct result of this unconstitutional practice, indigent defendants in the 38th District Court are incarcerated because they are poor, while defendants with means do not serve jail time for comparable offenses. The plaintiff in this case, Donna Elaine Anderson, pleaded guilty in the 38th District Court for failing to license her dogs and failing to appear in court on the dog license tickets. Ms. Anderson is indigent and is unable to pay the $455 in fines, fees and costs she has been assessed. Under Judge Gerds' s general practice of sentencing indigent defendants to "pay or stay" sentences, Ms. Anderson faces imminent incarceration due to poverty when she is sentenced. She therefore brings this action, on behalf of herself and all others similarly situated, seeking relief from Judge Gerds's practice of sentencing indigents to incarceration under clearly unconstitutional "pay or stay" sentences. 3 FACTS The case concerns the routine sentencing practice of the 38th District Comi in Eastpointe. A single judge, the Hon. Carl F. Gerds III, serves in the 38th District Court. As set forth in detail in the Complaint for Superintending Control and its exhibits, Judge Gerds has a practice of imposing "pay or stay" sentences on defendants regardless of their ability to pay. 1 Such sentences require the defendant to pay a specified amount of money or, if the amount is not paid, to serve a specified amount of time in jail. A "pay or stay" sentencing practice, when carried out without regard to defendants' ability to pay, creates a two-tier system of justice: persons of means pay money and remain free, whereas poor people who are m1able to pay go to jail. Plaintiffs complaint and its attached exhibits docwnent the general practice of "pay or stay" sentencing in the 38th District Court and the impact of this practice on indigent defendants I who cannot afford to pay? The record also demonstrates that previous attempts to end this practice through direct appeals of individual sentences have been unsuccessfu1. 3 In fact, even after this Comi issued a written opinion and order explaining that Judge Gerds' s "pay or stay" sentencing practice was unconstitutional, 4 Judge Gerds persisted in the practice and continues to impose such sentences without regard to defendants' financial ability to pay. 5 Further, it is Judge 1 See Complaint ~~ 14-77 and exhibits. 2 See Complaint ~~ 14-77 and exhibits. 3 See Complaint~~ 52-53, 71-77 and exhibits. 4 People of the City ofEastpointe v Rockett, unpublished opinion ofthe Macomb Circuit Court, issued March 18, 2015 (Docket No. 15-444-AR), Complaint Exhibit A. 5 See Complaint~~ 52-53, 71-77 and exhibits. 4 Gerds's practice not to allow payment plans or partial payments; a defendant who does not pay infitll when the sentence is imposed is sent directly to jail. 6 People of the City of Eastpointe v Ryan Edward Rockett The recent case of People of the City of Eastpointe v Ryan Edward Rockett exemplifies the District Court's sentencing practice. 7 In that case, Mr. Rockett was found guilty of operating a vehicle without insurance and driving while his license was suspended. On January 30, 2015, Judge Gerds sentenced Mr. Rockett to pay fees and costs in the amow1t of $1500 or, if he did not pay, serve 93 days in jail. 8 Judge Gerds made no inquiry into Mr. Rockett's financial ability to pay. At the sentencing hearing, Judge Gerds merely stated, "Hopefully you can pay that and be on your way." Mr. Rockett asked, "Is it pay or stay?" and Judge Gerds confirmed, "Yes, sir." The register of actions for Mr. Rockett's case confirms that Mr. Rockett's sentence was "MONEY OR JAIL," 9 and the judgments of sentence in Mr. Rockett's case state that he was committed to jail with release authorized "upon payment of fine/costs. " 10 Because Mr. Rockett is indigent and could not afford to immediately pay $1500, he was immediately sent to jail. After he was sent to jail, Mr. Rockett retained undersigned pro bono counsel from the ACLU of Michigan and filed an emergency motion for bond pending appeal on the grounds that his pay-or-stay sentence was unconstitutional because he was indigent. Judge Gerds denied the See Complaint~~ 19, 55, 66, 68, 94 and exhibits. Complaint Exhibit B is a photograph of a sign posted in the lobby of the 38th District Court, stating "FINES & COSTS DUE UPON SENTENCING" and "NO PAYMENT PLANS." 6 7 38th District Court case numbers 14EA05894B-OI and 14EA05894C-OT. 8 Rockett Sentencing Transcript, January 30, 2015, Complaint Exhibit C. 9 Rockett Registers of Actions, Complaint Exhibit D. 10 Rockett Judgments of Sentence, Complaint Exhibit E. 5 request for bond pending appeal, and Mr. Rockett was forced to renew his bond motion in this Court. The case was assigned to the Hon. Mary A. Chrzanowski (docket no. 15-444-AR), who granted bond and granted Mr. Rockett's application for leave to appeal. By the time Mr. Rockett was released, he had served 14 days in the Macomb County Jail. On March 18, 2015, Judge Chrzanowski issued an opinion and order in Mr. Rockett's appeal holding that Judge Gerds's "pay or stay" sentencing practice was unconstitutional. 11 In the opinion and order, this Comi reviewed the binding case law from the U.S. Supreme Court, the Michigan Supreme Comi, and the Michigan Court of Appeals. The court then explained: In the context of "pay or stay" or "fine or time" sentencing practices, a sentencing court demands that a defendant serve a certain jail sentence, unless he or she is able to immediately pay various fines, fees, and costs. In actuality, a "pay or stay" sentence imposes imprisonment for the failure to pay certain fines, costs, and fees. Pursuant to [People v Jackson, 483 Mich 271; 769 NW2d 630 (2009)], this constitutes the imposition of a fee with the simultaneous enforcement that fee, i.e. if the indigent defendant is unable to immediately pay the fines, costs, and fees, they are mandated to serve jail time. Thus, a court must conduct an abilityto-pay analysis, before enforcing the fee - sentencing defendant to jail time. Through the imposition of a "pay or stay" or "fine or time" sentence, a court embraces a sentencing practice that provides that a person of means can simply pay the amount demanded and avoid jail time, while the poor, who cannot pay that amount immediately, are subjected to incarceration. This practice is unconstitutional pursuant to [Bearden v Georgia, 461 US 660; 103 S Ct 2064; 76 L Ed 2d 221 (1983)] and [People v Collins, 239 Mich App 125; 607 NW2d 760 (1999)] under the Equal Protection Clauses of both the federal and state constitutions. 12 This Court therefore vacated Mr. Rockett's sentence and remanded for resentencing. But 11 People of the City ofEastpointe v Rockett, unpublished opinion of the Macomb Circuit Court, issued March 18,2015 (DocketNo.15-444-AR), ComplaintExhibitA. 12 Complaint Exhibit A, p.4. 6 at the resentencing hearing, despite the clear guidance from this Comi, Judge Gerds again failed to conduct any inquiry into Mr. Rockett's ability to pay. 13 Instead, Judge Gerds resentenced Mr. Rockett to 93 days in jail, this time without authorization for release upon payment of fines and costs, stating: "You can appeal this sentence too, if you'd like .... That's how I rule in my court. If you don't like that you can appeal it to Judge Chrzanowski again." 14 Mr. Rockett again sought bond pending appeal, and Judge Gerds again denied the request. This Court subsequently granted an emergency motion for bond pending appeal, and the merits of Mr. Rockett's second appeal are pending before Judge Chrzanowski under docket number 15-1474-AR. By the time Mr. Rockett was released, he had served an additional four days in jail. People of the City of Eastpointe v Stephane Earl-Rico Milton Another example of Judge Gerds's unconstitutional "pay or stay" sentencing practice is the case People of the City of Eastpointe v Stephane Earl-Rico Milton. 15 In that case, Mr. Milton was found guilty of contempt for failing to appear on a ticket for "pedestrian fail to use cross walk," otherwise known as jaywalking. On June 19, 2015, Judge Gerds sentenced Mr. Milton to pay fees and costs in the amount of$334 or, ifhe did not pay, serve 30 days injail. 16 At the time of the sentencing in Mr. Milton's case, this Court had already issued its opinion and order in Mr. Rockett's case explaining the unconstitutionality of Judge Gerds's "pay or stay" sentencing practice and holding that "a court must conduct an ability-to-pay analysis" before sentencing a defendant to jail time on a pay-or-stay sentence. At Mr. Milton's sentencing hearing, however, 13 Rockett Resentencing Transcript, May 1, 2015, Complaint Exhibit F. 14 Rockett Resentencing Transcript, May 1, 2015, Complaint Exhibit F. 15 38th District Court case number 14EA06438-0N. 16 Milton Sentencing Transcript, June 19, 2015, Complaint Exhibit G. 7 Judge Gerds made absolutely no inquiry into Mr. Milton's financial ability to pay. Judge Gerds simply explained: "Pay the $334[,] off you go. If you'd rather do the 30 days, sir, then you don't owe anything at all." When Mr. Milton asked if he could make a partial payment, Judge Gerds denied the request. As in Mr. Rockett's case, the register of actions in Mr. Milton's case confirms that Mr. Milton's sentence is "MONEY OR JAIL," 17 and the judgment of sentence in Mr. Milton's case likewise states that he was committed to jail with release authmized "upon payment of fine/costs." 18 Because Mr. Milton is indigent and could not afford to immediately pay $334, he was immediately sent to jail. After he was sent to jail, Mr. Milton retained undersigned counsel from the ACLU. He was subsequently granted bond pending appeal, and his application for leave to appeal is pending before this Court under docket number 15-2185-AR. By the time Mr. Milton was granted bond pending appeal, he had served five days in jail on this "pay or stay" sentence mising from his jaywalking citation. Additional Examples of "Pay or Stay" Sentencing in the 38th District Court In addition to the cases described above, courtwatchers from the ACLU have observed Judge Gerds routinely sentence defendants to "pay or stay" without determining whether they have the ability to pay. 19 These sentences order the defendants' immediate commitment to the Macomb County Jail unless they pay the full amount of fines, costs and fees owed to the court on the day they are sentenced. Examples include: 17 Milton Register of Actions, Complaint Exhibit H. 18 Milton Judgment of Sentence, Complaint Exhibit I. 19 Berschback Affidavit, Complaint Exhibit J. 8 • Dar-Shawn Roman Brown, sentenced to "MONEY OR JAIL" on January 9, 2015. • Harvey Williams, sentenced to "MONEY OR JAIL" on January 9, 2015. • Noel Thomas Callaway, sentenced to "MONEY OR JAIL" on February 20, 2015. • Tory Chico Jones, sentenced to "MONEY OR JAIL" on February 20,2015. e Tenance Dion Fuqua, sentenced to "MONEY OR JAIL" on May 29,2015. e Lieatrice Nicole Grayson, sentenced to "MONEY OR JAIL" on May 29,2015. • Justice Shannon Wade, sentenced to "MONEY OR JAIL" on May 29, 2015. • Alicia Shawnta Brown, sentenced to "MONEY OR JAIL" on May 29, 2015. • Vanesia Lanette-Danielle Evans, sentenced to "MONEY OR JAIL" on May 29, 2015. • Delon Martez Adams, sentenced to "MONEY OR JAIL" on May 29,2015. • Chontae Michelle Knight, sentenced to "MONEY OR JAIL" on June 29,2015. 20 In each of the above cases, Judge Gerds did not make any inquiry into these defendants' financial ability to pay prior to imposing the sentences. 21 People of the City of Eastpointe v Donna Elaine Anderson Dmma Elaine Anderson, the plaintiff in this action, is the defendant in People of the City of Eastpointe v Donna Elaine Anderson. 22 Ms. Anderson's case in the District Court is cunently pending, and she is due to be sentenced by Judge Gerds after pleading guilty to not having a dog license and contempt for failure to appear on that citation. As a result of the dog license violation 20 Registers of Actions, Complaint Exhibits M-W. 21 Berschback Affidavit, Complaint Exhibit J; Sullivan Affidavit, Complaint Exhibit L; Doukoure Affidavit, Complaint Exhibit K. 22 38th District Court case numbers 14EA04628A-OM and 14EA04628B-OM. 9 and associated penalties and late fees, Ms. Anderson now owes $455 in fines, fees and costs. 23 Ms. Anderson is indigent. 24 A single mother with two young children dependent solely on her for their care and wellbeing, Ms. Anderson is the recipient of means-tested government assistance including Section 8 housing assistance, utility assistance, food assistance, and Medicaid. She has been unable to obtain steady full-time employment because she must take care of her children and cannot afford child care. Ms. Anderson was advised by her court-appointed attorney that Judge Gerds, per his usual practice, will sentence her to either pay the $455 she owes to the comi or, if she cannot pay that amount in full on the date of sentencing, to go to jail. 25 Ms. Anderson's attorney has explained to her that Judge Gerds has a strict policy of not allowing payments plans, 26 that she would not be allowed to do community service in lieu of paying, and that she would go directly to jail if she was unable to immediately pay $455 in full at the time of her sentencing. Due to her indigency, Ms. Anderson has not been able to save or obtain $455. Her court-appointed attorney has adjourned her sentencing twice so that she would not go to jail. At the last hearing, Judge Gerds warned Ms. Anderson that this would be her last chance and there would be no fu1iher adjoumments of her sentencing hearing. 27 Based· on Judge Gerds' s established practice, Ms. Anderson lrnows that if she appears at her sentencing hearing without $455, she will be sentenced to jail and immediately taken into custody without consideration of her financial 23 Anderson Registers of Actions, Complaint Exhibit X. 24 Anderson Affidavit, Complaint Exhibit Y. 25 Anderson Affidavit, Complaint Exhibit Y. 26 See Photograph, Complaint Exhibit B. 27 Anderson Transcript, Complaint Exhibit Z. 10 inability to pay. 28 In sum, like Mr. Rockett and Mr. Milton before her, Ms. Anderson faces incarceration because she is poor. Ms. Anderson has admitted responsibility for her offense, has now obtained the dog licenses required by city ordinance, and is fully prepared to be punished. However, she does not believe that she should be sent to jail based on her inability to pay when a similarly situated defendant with the ability to pay would not be jailed. 29 28 Anderson Affidavit, Complaint Exhibit Y. 29 Jd. 11 LEGAL STANDARD A complaint for superintending control "is the proper vehicle to challenge the general practices of an inferior court." Lockhart v Thirty-Sixth Dist Court Judge, 204 Mich App 684, 688; 516 NW2d 76 (1994). This Court "has a general superintending control over all inferior courts and tribunals" within its jurisdiction, including the 38th District Court in Eastpointe. MCL 600.615; Canst 1963, art 6, § 13. "A superintending control order enforces the superintending control power of a court over lower courts or tribunals." MCL 3.302(A). The procedure for obtaining an order of superintending control in circuit court is governed by MCR 3.302(E). There are two requirements for superintending control. "The standard for issuing a writ of superintending control is to dete1mine whether the lower court failed to perform a clear legal duty." Frederick v Presque Isle Co Circuit Judge, 439 Mich I, 15; 476 NW2d 142 (1991). Additionally, the plaintiff must establish "the absence of an adequate legal remedy." Recorder's Court Bar Ass 'n v Wayne Circuit Court, 443 Mich 110, 134; 503 NW2d 885 (1993). As explained below, both requirements are satisfied in this case. 12 ARGUMENT I. By sentencing defendants to "pay or stay" without assessing their ability to pay, Judge Gerds is violating a clear legal duty. The first question in deciding an action for superintending control is whether the lower comi failed to perform a clear legal duty. Frederick, supra, 439 Mich at 15. There is no question that sentencing poor people to jail because they cannot afford to pay fines, fees or costs constitutes a failure to perform a clear legal duty. "It is well established that a sentence that exposes an offender to incarceration unless he pays restitution or some other fine violates the Equal Protection Clauses of the federal and state constitutions because it results in unequal punishments for offenders who have and do not have sufficient money." People v Collins, 239 Mich App 125, 135-36; 607 NW2d 760 (1999). This was confirmed recently by the State Court Administrative Office's Ability to Pay Workgroup: '"Michigan law is ... clear that a judge may not incarcerate someone who lacks the ability to pay court-ordered financial obligations." SCAO Ability to Pay Workgroup, Tools and Guidance for Determining and Addressing an Obligor's Ability to Pay (April 20, 20 15), p. 1. 30 The constitutional prohibition against "pay or stay" sentencing stems from the United States Supreme Court's decisions in Williams v Illinois, 399 US 235; 90S Ct 2018; 26 LEd 2d 586 (1970), Tate v Short, 401 US 395; 91 S Ct 668; 28 L Ed 2d 130 (1971), and Bearden v Georgia, 461 US 660; 103 S Ct 2064; 76 LEd 2d 221 (1983). The ru1e emanating from those decisions is that the state "cannot impose a fine as a sentence and then automatically convert it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full." Bearden, 461 US at 667 (internal quotation marks omitted). 30 Available at http://courts.mi.gov/Administration/SCAO/Resources/Documents/Publications/ Reports/AbilityToPay. pdf. 13 Based on these decisions, the Michigan Comi of Appeals has clearly held that it is likewise unconstitutional to sentence an indigent defendant to jail with release or suspension of the sentence permitted only upon payment of a fine. Collins, supra, 239 Mich App at 136. And the Michigan Supreme Court recognized in People v Jackson, 483 Mich 271, 287; 769 NW2d 630 (2009), that "a truly indigent defendant [should] never be required to pay" a comi-ordered financial obligation upon penalty of incarceration. To ensure this, if a payment obligation is imposed as part of a sentence, the trial court may not "enforce" the obligation, i.e., send the defendant to jail, without conducting a comprehensive ability-to-pay assessment. Id. at 287-90. Relying on the above-cited clearly established case law, this Comi has already reviewed Judge Gerds's "pay or stay" sentencing practice and has declared it unconstitutional. 31 In People of the City of Eastpointe v Ryan Edward Rockett (Docket No. 15-444-AR) (Chrzanowski, J.), this Court issued a written opinion and order reviewing the binding case law on this topic from the U.S. Supreme Court, the Michigan Supreme Court, and the Michigan Court of Appeals. 32 The Court then explained: In the context of "pay or stay" or "fine or time" sentencing practices, a sentencing court demands that a defendant serve a certain jail sentence, unless he or she is able to immediately pay various fines, fees, and costs. In actuality, a "pay or stay" sentence imposes imprisonment for the failure to pay certain fines, costs, and fees. Pursuant to Jackson, this constitutes the imposition of a fee with the simultaneous enforcement that fee, i.e. if the indigent defendant is unable to immediately pay the fines, costs, and fees, they are mandated to serve jail time. Thus, a comi must conduct an ability-to-pay analysis, before enforcing the fee - sentencing defendant to jail time. 31 See Complaint ~~ 39-40. 32 People of the City ofEastpointe v Rockett, unpublished opinion ofthe Macomb Circuit Court, issued March 18,2015 (Docket No. 15-444-AR), Complaint Exhibit A. 14 Through the imposition of a "pay or stay" or "fine or time" sentence, a court embraces a sentencing practice that provides that a person of means can simply pay the amount demanded and avoid jail time, while the poor, who cannot pay that amount immediately, are subjected to incarceration. This practice is unconstitutional pursuant to Bearden and Collins under the Equal Protection Clauses of both the federal and state constitutions. 33 Accordingly, a district judge has a clear legal duty under the equal protection guarantees of both the federal and state constitutions to conduct an ability-to-pay analysis before imposing a "pay or stay" sentence, and to refrain from imposing such a sentence on someone who cmmot afford to pay. In this case, as detailed in plaintiffs complaint and its attached exhibits, Judge Gerds has a "pay or stay" sentencing practice that violates this requirement and subjects indigent defendants to incarceration because of their inability to pay. This practice has continued despite clear case law holding it unconstitutional, and even after the opinion and order of this Court in People v Rockett, supra, which should have served to educate Judge Gerds, ifhe was previously unaware of the law in this area. Therefore, Judge Gerds has failed to perform a clear legal duty, making this case appropriate for superintending control. II. Direct appeals are not an adequate legal remedy for challenging a generalized "pay or stay" sentencing practice. The second requirement for superintending control is the absence of "another adequate remedy." MCR 3.302(B). Although at first glance the court rules might appear to suggest that superintending control is improper when an appeal is available, the case law is very clear that superintending control is foreclosed only when an appeal would be an adequate remedy. It has long been recognized that "superintending control is the proper vehicle to challenge the general practices of an inferior court." Lockhart v Thirty-Sixth Dist Court Judge, 204 Mich App 684, 33 !d., p. 4 (emphasis added). 15 688; 516 NW2d 76 (1994) (emphasis added). For this reason, cornis have explained that even when an appeal might be available in an individual case, such an appeal is not adequate when the remedy sought is a change in the general policy or practice of the lower tribunal. See In re Hague, 412 Mich 532, 546; 315 NW2d 524 (1982) ("It is clear ... that availability of an appeal in the individual case does not preclude superintending relief when that procedure does not provide an adequate remedy."); Smith v Common Pleas Court of Detroit, 106 Mich App 621, 623; 308 NW2d 586 (1981) ("[A]n action for superintending control is appropriate where a litigant seeks to review the general policies and practices of an inferior corni even though the individual litigant may have a right of appeal."). The Michigan Supreme Court's decision in Cahill v Thomassen, 393 Mich 137; 224 NW2d 24 (1974), is dispositive. The plaintiff in that case was attempting to challenge a traffic ticket in the district court and was told that he would not be allowed to post a 10% cash deposit bond and would not be pe1mitted a jury trial. He then filed a complaint for superintending control, alleging that the district court had a general policy of refusing 10% deposit bonds and jury trials in traffic cases, which he claimed violated Michigan law. The Michigan Supreme Court held that superintending control was appropriate because an appeal in his individual traffic case would not have been an adequate remedy: Cahill was challenging the general practices of the 15th District Court regarding the posting of bond and the availability of jury trials .... While appeal did provide a suitable procedure to resolve Cahill's individual case, ... [u]nder the present facts only superintending control allowed the circuit court to address and resolve the objections concerning the generalized practices of the district court and, if [Cahill] had prevailed, to issue an appropriate remedial order. [Id. at 142-43 (emphasis added).] This case is essentially the same. The record reflects that Judge Gerds has a general practice of imposing "pay or stay" sentences without regard to defendants' ability to pay. The 16 remedy sought in tllis action is an order that would prohibit the District Com1 from jailing any defendant pursuant to a "pay or stay" sentence or similar order without first determining that the defendant has the financial ability to pay. 34 Only superintending control would allow such an order; an individual appeal would be inadequate. Additionally, the record demonstrates that previous attempts to end Judge Gerds's "pay or stay" sentencing practice through appeals of individual sentences have been unsuccessful. 35 Even after this Court ordered relief in an individual appeal, Judge Gerds continued to violate his clear legal duty not to impose "pay or stay" sentences without regard to defendants' inability to pay. The Supreme Court has held that superintending control is appropriate when individualized appeals had "proven ineffective," Recorder's Court Bar Ass'n v Wayne Circuit Court, 443 Mich 110, 133; 503 NW2d 885 (1993), thereby demonstrating that a case-by-case appeal approach would not be adequate because "the underlying problem [will] remain unchanged," id. at 135. Here, as demonstrated by the cases of Ryan Rocket and Stephane Milton, even if Ms. Anderson were to file an appeal, "the underlying problem" in the 38th District Court "would remain unchanged." Superintending control is necessary because it is the only adequate remedy. Fm1her, bringing case-by-case appeals to challenge Judge Gerds's general sentencing practice is "too time-consuming and burdensome to be called adequate." Lockhart v Thirty-Sixth Dist Court Judge, 204 Mich App 684, 691; 516 NW2d 76 (1994). And when Judge Gerds imposes an unconstitutional pay-or-stay sentence, even bringing an immediate appeal does not keep the defendant out of jail;36 additional appeals will thus be inadequate at preventing unlawful 34 Complaint, Prayer for Relief, pp. 18-19. 35 See Complaint~~ 52-53, 71-77. 36 See Complaint~~ 34-38, 45-48, 62-65. 17 deprivations of libe1iy as compared to a direct order of superintending control prohibiting the District Comi from continuing its current unlawful practice. In sum, not only does "pay or stay" sentencing violate a clear legal duty, individual appeals from Judge Gerds' s general "pay or stay" sentencing practice would be an inadequate remedy. Therefore, an order of superintending control should issue to put an end to the unconstitutional "pay or stay" sentencing practice in the 38th District Court. 18 CONCLUSION AND RELIEF REQUESTED Based on the facts and law set forth above and documented in plaintiff's complaint, this Court should exercise superintending control over the 38th District Court and order the District Court not to jail any defendant pursuant to a "pay or stay" sentence or any similar order, such as commitment to jail with release authorized upon payment, without first dete1mining that the defendant has the fmancial ability to pay. Tllis Court should also order the District Court to impose a non-custodial sentence on Ms. Anderson that accommodates her linlited ability to pay. Further, if tllis Court requires additional record evidence before rendering a final judgment in this matter, the Court should open discovery, order the District Court to produce records as requested by plaintiff or by this Court, and issue any other appropriate order in furtherance of this Court's jurisdiction and superintending control power over the 38th District Court. Respectfully submitted, r)Js.~ Dated: July 9, 2015 DanielS. Korobkin (P72842) Sofia V. Nelson (P77960) Michael J. Steinberg (P43085) American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org Miriam J. Aukerman (P63165) American Civil Liberties Union Fund of Miclllgan 1514 Wealthy St. SE, Ste. 242 Grand Rapids, MI 49506 (616) 301-0930 maukerman@aclumich.org Attorneys for Plaintiff 19 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB In re DONNA ELAINE ANDERSON, individually and on behalf of all others similarly situated, Arising from 38th District Court Case Nos. 14EA04628A-OM 14EA04628B-OM District Judge Carl F. Gerds III ----------------------------~/ Daniel S. Korobkin (P72842) Sofia V. Nelson (P77960) Michael J. Steinberg (P43085) American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org Miriam J. Aukerman (P63165) American Civil Liberties Union Fund of Michigan 1514 Wealthy St. SE, Ste. 242 Grand Rapids, MI 49506 (616) 301-0930 maukerman@aclumich.org JUL - 9 20'15 CARM~U-f\ ~~A~;l\i\~JGH MAQOM~ft Ot)i,_lj\ffY ~)t,~K Attorneys for Plaintiff ________________________________/ There is no pending or resolved civil action arising out of the transaction or occurrence alleged in this complaint. However, criminal appeals arising out of the transaction or occurrence alleged in this complaint have been previously filed in this Court, where they were given docket numbers 15-444-AR, 15-1474-AR, and 15-2185-AR. Case numbers 15-444 and 15-1474 were assigned to Judge Mary A. Chrzanowski. Case number 15-2185 was assigned to Judge Kathryn A. Viviano, and a motion has been filed to reassign the case to Judge Chrzanowski. COMPLAINT FOR SUPERINTENDING CONTROL Introduction 1. Plaintiff Donna Elaine Anderson requests that this Court take superintending control over the 38th District Court pursuant to MCL 600.615 and MCR 3.302 and order District Judge Carl F. Gerds III to perform his clear legal duty to refrain from imposing "pay or stay" sentences on indigent defendants who cannot afford to pay. 2. Although imposing "pay or stay" sentences on defendants who cannot afford to pay is clearly unconstitutional under binding United States Supreme Court and Michigan caselaw, Judge Gerds maintains a general practice of imposing such sentences without an abilityto-pay determination. 3. As a direct result of this unconstitutional practice, indigent defendants in the 38th District Court are routinely incarcerated because they are poor, while defendants with means do not serve jail time for comparable offenses. 4. Ms. Anderson pleaded guilty to contempt in the 38th District Court for failing to license her dogs and failing to appear in court on the dog license tickets. 5. Ms. Anderson is indigent and is unable to pay the $455 in fines, fees and costs she has been assessed. 6. Under Judge Gerds's general practice of sentencing indigent defendants to "pay m stay" sentences, Ms. Anderson faces imminent incarceration due to poverty when she is sentenced on July 22,2015. 7. Ms. Anderson therefore brings this action, on behalf of herself and all others similarly situated, seeking relief from Judge Gerds' s practice of sentencing indigents to incarceration under clearly unconstitutional "pay or stay" sentences. 2 The Clear Legal Duty Not to Impose "Pay or Stay" Sentences 8. Coruis sentencing criminal defendants have a clear legal duty not to sentence a defendant to jail for failure to pay fines, fees, costs, and similar legal financial obligations unless the defendant has the financial ability to pay. 9. The United States Supreme Court and the appellate courts of this State have repeatedly held that it is unconstitutional to sentence someone to jail for failure to pay fines, fees, costs, and similar legal financial obligations unless that person has the financial ability to pay. 1 10. A recent repmi of the State Corui Administrative Office (SCAO) reaffi1med that Michigan judges have this clear legal duty, stating: In the three decades since the United States Supreme Comi issued its decision in Bearden v Georgia, 461 US 660 (1983), judges have been required to address the issue of ability to pay before incarcerating a person for failure to pay court-ordered fmancial obligations. Michigan law is also clear that a judge may not incarcerate someone who lacks the ability to pay court-ordered financial obligations. 2 11. Such sentences are unconstitutional because they condition a person's liberty on his or her financial means, thereby violating the right to equal protection under the law and the right not to be deprived of liberty without due process of law. 12. The unconstitutional sentencing practice known colloquially as "pay or stay" consists of imposing a sentence that orders the defendant to pay a specified amount of money or, 1 See, e.g., Bearden v Georgia, 461 US 660; 103 S Ct 2064; 76 LEd 2d 221 (1983); Tate v Short, 401 US 395; 91 S Ct 668; 28 LEd 2d 130 (1971); People v Jackson, 463 Mich 271; 769 NW2d 630 (2009); People v Collins, 239 Mich App 125; 607 NW2d 760 (1999); People of the City ofEastpointe v Rockett, unpublished opinion ofthe Macomb Circuit Court, issued March 18, 2015 (Docket No. 15-444-AR) (attached as Exhibit A). 2 SCAO Ability to Pay Workgroup, Tools and Guidance for Determining and Addressing an Obligor's Ability to Pay (Apri120, 2015), http://courts.mi.gov/Administration/SCAO/Resources/ Documents/Publications/Reports/AbilityToPay.pdf, p. 1. 3 if the amount is not paid, to serve a specified amount of time in jail. 13. A "pay or stay" sentencing practice, when carried out without regard to defendants' ability to pay, is unconstitutional because it creates a two-tier system of justice: persons of means pay money and remain free, whereas poor people who are unable to pay go to jail. The "Pay or Stay" Sentencing Practice in the 38th District Court 14. This case concerns the sentencing practice of the 38th District Court m Eastpointe. 15. A single district judge, the Hon. Carl F. Gerds III, serves in the 38th District 16. Judge Gerds has a general practice of imposing "pay or stay" sentences. 17. Judge Gerds has a general practice of imposing sentences that require defendants Court. to go to jail immediately unless they pay fines, fees and costs in full on the day of sentencing. 18. Judge Gerds has a general practice of not conducting an indigency hearing or otherwise assessing defendants' ability to pay before imposing such sentences. 19. Judge Gerds has a general practice of not allowing defendants to pay their financial obligations over time or to enter into payment plans with the court, 3 nor does he allow indigent defendants to perform community service in lieu of making payments. People of the City ofEastpointe v Ryan Edward Rockett 20. Judge Gerds's sentencing practice is exemplified by the case of People v Rockett, 38th District Court case numbers 14EA05894B-OI and 14EA05894C-OT. 3 Attached as Exhibit B is a photograph of a sign posted in the lobby of the 38th District Court, stating "FINES & COSTS DUE UPON SENTENCING" and ''NO PAYMENT PLANS." 4 21. The defendant in that case, Ryan Edward Rockett, was found guilty of operating a vehicle without insurance and driving while his license was suspended. 22. On January 30,2015, Judge Gerds sentenced Mr. Rockett to pay fees and costs in the amount of$1500 or serve 93 days injail. 4 n: Judge Gerds made no inquiry into Mr. Rockett's financial ability to pay. 24. At the sentencing hearing, Judge Gerds merely stated, "Hopefully you can pay that and be on your way." 25. Mr. Rockett asked, "Is it pay or stay?" 26. Judge Gerds confirmed, "Yes, sir." 27. The register of actions for Mr. Rockett's case confirms that Mr. Rockett's sentence was "MONEY OR JAIL." 5 28. The judgments of sentence generated in Mr. Rockett's case state that he was committed to jail with release authorized "upon payment offine/costs." 6 29. Mr. Rockett was indigent and could not afford to immediately pay $1500. 30. Therefore, Mr. Rockett was immediately sent to jail. 31. At the time of his sentencing, Mr. Rockett was a recipient of need-based government assistance in the form of food assistance and Medicaid. 32. At the time of his sentencing, Mr. Rockett had recently obtained a job and was saving up money to pay the costs and fees associated with his case. 33. However, when he was sent to jail, he lost his job. 4 Rockett Sentencing Transcript, January 30, 2015, Exhibit C. 5 Rockett Registers of Actions, Exhibit D. 6 Rockett Judgments of Sentence, Exhibit E. 5 34. After he was sent to jail, Mr. Rockett retained undersigned pro bono counsel from the ACLU of Michigan and, through counsel, filed an emergency motion for bond pending appeal on the grounds that his pay-or-stay sentence was unconstitutional because he was indigent. 35. Judge Gerds denied the request for bond pending appeal. 36. Mr. Rockett then sought bond pending appeal from this Court on the same grounds. 37. The case was assigned to the Hon. Mary A. Chrzanowski (docket no. 15-444- AR), who granted bond and granted Mr. Rockett's application for leave to appeal. 38. By the time Mr. Rockett was released, he had served 14 days in the Macomb County Jail. 39. On March 18, 2015, Judge Chrzanowski issued an opmwn and order in Mr. Rockett's appeal holding that Judge Gerds's "pay or stay" sentencing practice was unconstitutional. A copy ofthe opinion and order is attached as Exhibit A. 40. In the March 18, 2015 opinion and order, this Court reviewed the binding case law from the U.S. Supreme Court, the Michigan Supreme Court, and the Michigan Court of Appeals. The court then explained: In the context of "pay or stay" or "fine or time" sentencing practices, a sentencing court demands that a defendant serve a certain jail sentence, unless he or she is able to immediately pay various fines, fees, and costs. In actuality, a "pay or stay" sentence imposes imprisonment for the failure to pay certain fines, costs, and fees. Pursuant to [People v Jackson, 483 Mich 271; 769 NW2d 630 (2009)], this constitutes the imposition of a fee with the simultaneous enforcement that fee, i.e. if the indigent defendant is unable to immediately pay the fines, costs, and fees, they are mandated to serve jail time. Thus, a court must conduct an ability-to-pay analysis, before enforcing the fee- sentencing defendant to jail time. Through the imposition of a "pay or stay" or "fine or time" sentence, a court embraces a sentencing practice that provides that a person of means 6 can simply pay the amount demanded and avoid jail time, while the poor, who cannot pay that amount immediately, are subjected to incarceration. This practice is unconstitutional pursuant to [Bearden v Georgia, 461 US 660; 103 S Ct 2064; 76 L Ed 2d 221 (1983)] and [People v Collins, 239 Mich App 125; 607 NW2d 760 (1999)] under the Equal Protection Clauses of both the federal and state constitutions. 7 41. This Court therefore vacated the judgments of sentence in Mr. Rockett's case and remanded for resentencing. 42. Judge Gerds resentenced Mr. Rockett on May 1, 2015. 43. At the resentencing hearing, despite the clear guidance from this Comi, Judge Gerds again failed to conduct any inquiry into Mr. Rockett's ability to pay. 8 44. Instead, Judge Gerds resentenced Mr. Rockett to 93 days in jail, this time without authorization for release upon payment of fines and costs. 45. Mr. Rockett again sought bond pending appeal, and Judge Gerds again denied the request. 46. Mr. Rockett again filed an emergency application for leave to appeal and an emergency motion for bond pending appeal with this Court. 47. This Court granted the emergency application and granted bond, and the merits of Mr. Rockett's second appeal are pending before Judge Chrzanowski under docket number 151474-AR. 48. By the time Mr. Rockett was released, he had served an additional four days in jail. 7 Exhibit A, p.4. 8 Rockett Resentencing Transcript, May 1, 2015, Exhibit F. 7 People oftlze City of Eastpointe v Step/zane Earl-Rico Milton 49. Another example of Judge Gerds's unconstitutional "pay or stay" sentencing practice is the case People v Milton, 38th District Comi case number 14EA06438-0N. 50. The defendant in that case, Stephane Earl-Rico Milton, was found guilty of contempt for failing to appear on a ticket for "pedestrian fail to use cross walk," otherwise known as jaywalking. 51. On June 19, 2015, Judge Gerds sentenced Mr. Milton to pay fees and costs in the amount of $334 or serve 30 days in jail. 9 52. At the time of the June 19, 2015 sentencing in Mr. Milton's case, this Court had already issued its March 18, 2015 opinion and order in Mr. Rockett's case explaining the unconstitutionality of Judge Gerds's "pay or stay'' sentencing practice. In that opinion, this Court had explained that "a court must conduct an ability-to-pay analysis" before sentencing a defendant to jail time on a pay-or-stay sentence. 53. At Mr. Milton's June 19, 2015 sentencing hearing, however, Judge Gerds made no inquiry into Mr. Milton's financial ability to pay. 54. At the sentencing hearing, Judge Gerds explained: "Pay the $334[,] off you go. If you'd rather do the 30 days, sir, then you don't owe anything at all." 55. Mr. Milton asked if he could make partial payments, and Judge Gerds denied the request. 56. As in Mr. Rockett's case, the register of actions in Mr. Milton's case confirms that Mr. Milton's sentence is "MONEY OR JAIL." 10 9 Milton Sentencing Transcript, June 19,2015, Exhibit G. 10 Milton Register of Actions, Exhibit H. 8 57. The judgment of sentence generated in Mr. Milton's case likewise states that he was committed to jail with release authorized "upon payment offine/costs." 11 58. Mr. Milton was indigent and could not afford to immediately pay $334. 59. Therefore, Mr. Milton was immediately sent to jail. 60. At the time of his sentencing, Mr. Milton was a recipient of need-based government assistance in the form of food assistance and Medicaid. 61. Mr. Milton had been temporarily disabled as a result of a car accident, and had recently obtained employment as a door-to-door salesman. 62. When Mr. Milton was sent to jail, he lost his job. 63. After he was sent to jail, Mr. Milton retained undersigned pro bono counsel from the ACLU ofMichigan. 64. Mr. Milton was subsequently granted bond pending appeal, and his application for leave to appeal is pending before this Court under docket number 15-2185-AR. 65. By the time Mr. Milton was granted bond pending appeal, he had served five days in jail on his "pay or stay" sentence arising from his jaywalking citation. Additional Examples of "Pay or Stay" Sentencing in the 38th District Court 66. In addition to the cases described above, courtwatchers from the ACLU of Michigan have observed Judge Gerds routinely sentence defendants to "pay or stay" without determining whether they have the ability to pay. 12 These sentences order the defendants' immediate commitment to the Macomb County Jail unless they pay the full amount of fines, costs and fees owed to the court on the day they are sentenced. 11 Milton Judgment of Sentence, Exhibit I. 12 Berschback Affidavit, Exhibit J; Doukoure Affidavit, Exhibit K; Sullivan Affidavit, Exhibit L. 9 67. On January 9, 2015, Judge Gerds sentenced Dar-Shawn Roman Brown to serve 30 days in jail unless he immediately paid $438 for fines, fees and costs associated with urinating in public. The register of actions in Mr. Brown's case states "MONEY OR JAIL." 13 Judge Gerds did not make any inquiry into Mr. Brown's ability to pay prior to imposing the sentence. 14 68. On January 9, 2015, Judge Gerds sentenced Harvey Williams to serve 90 days unless he immediately paid $1625 in fines, fees and costs for driving while license suspended and disorderly conduct. The register of actions in Mr. Williams's case states "MONEY OR JAIL." 15 Mr. Williams had brought some money with him to cowi to pay, but was told by the court clerk that he had not brought enough to cover the total amount that he owed, and was taken by the court officer to lock-up. 69. 16 On February 20, 2015, Judge Gerds sentenced Noel Thomas Callaway to serve 30 days in jail unless he immediately paid $590 in fines, fees and costs for failure to display a valid license. The register of actions in Mr. Callaway's case states "MONEY OR JAIL." 17 Judge Gerds did not make any inquiry into Mr. Callaway's ability to pay prior to imposing the sentence. 18 70. On February 20, 2015, Judge Gerds sentenced Tory Chico Jones to serve 30 days in jail unless he immediately paid $3 86 in fines, fees and costs for disobeying a traffic signal/red 13 Dar-Shawn Roman Brown Register of Actions, Exhibit M. 14 Doukoure Affidavit, Exhibit K. 15 Williams Register of Actions, Exhibit N. 16 Doukoure Affidavit, Exhibit K. 17 Callaway Register of Actions, Exhibit 0. 18 Berschback Affidavit, Exhibit J. 10 light and contempt for failure to appear. The register of actions in Mr. Jones's case states "MONEY OR JAIL." 19 Judge Gerds did not make any inquiry into Mr. Jones's ability to pay . to 1mposmg . . t11e sentence. 20 pnor 71. On May 29, 2015, Judge Gerds sentenced Terrance Dion Fuqua to serve 45 days in jail unless he immediately paid $620 in fines, fees and costs for failure to display a valid license. The register of actions in Mr. Fuqua's case states "MONEY OR JAIL." 21 Judge Gerds did not make any inquiry into Mr. Fuqua's ability to pay prior to imposing the sentence. 22 72. On May 29, 2015, Judge Gerds sentenced Lieatrice Nicole Grayson to serve 45 days in jail unless she immediately paid $420 in fines, fees and costs for failure to display a valid license. The register of actions in Ms. Grayson's case states "MONEY OR JAIL." 23 Judge Gerds did not make any inquiry into Ms. Grayson's ability to pay prior to imposing the sentence. 24 73. On May 29, 2015, Judge Gerds sentenced Justice Shannon Wade to serve 60 days in jail unless she immediately paid $1058 in fines, fees and costs for driving with a suspended license and expired plate and contempt for failure to appear. The registers of actions in Ms. Wade's case state "MONEY OR JAIL." 25 Judge Gerds did not make any inquiry into Ms. 19 Jones Register of Actions, Exhibit P. 20 Berschback Affidavit, Exhibit J. 21 Fuqua Register of Actions, Exhibit Q. 22 Berschback Affidavit, Exhibit J. 23 Grayson Register of Actions, Exhibit R. 24 Berschback Affidavit, Exhibit J. 25 Wade Registers of Actions, Exhibit S. 11 Wade's ability to pay prior to imposing the sentence. 26 74. On May 29, 2015, Judge Gerds sentenced Alicia Shawnta Brown to serve 30 days in jail unless she immediately paid $535 in fines, fees and costs for allowing a person to drive in violation of the motor vehicle code. The register of actions in Ms. Brown's case states "MONEY OR JAIL." 27 Judge Gerds did not make any inquiry into Ms. Brown's ability to pay prior to imposing the sentence. 28 75. On May 29, 2015, Judge Gerds sentenced Vanesia Lanette-Danielle Evans to serve 60 days in jail unless she immediately paid $848 in fines, fees and costs for defective equipment, failure to display a valid license and proof of insurance and contempt for failure to appear. The registers of actions in Ms. Evans's case state "MONEY OR JAIL." 29 Judge Gerds did not make any inquiry into Ms. Evans's ability to pay prior to imposing the sentence. 30 76. On May 29, 2015, Judge Gerds sentenced Delon Martez Adan1s to serve 60 days in jail unless he immediately paid $593 in fines, fees and costs for no proof of insurance, driving on an expired license, and contempt for failure to appear. The registers of actions in Mr. Adams's case state "MONEY OR JAIL." 31 Judge Gerds made no inquiry into Mr. Adams's a b1"l"1ty to pay. 32 26 Berschback Affidavit, Exhibit J. 27 Alicia Shawnta Brown Register of Actions, Exhibit T. 28 Berschback Affidavit, Exhibit J. 29 Evans Registers of Actions, Exhibit U. 30 Berschback Affidavit, Exhibit J. 31 Adams Registers of Actions, Exhibit V. 32 Berschback Affidavit, Exhibit J. 12 77. On June 29, 2015, Judge Gerds sentenced Chontae Michelle Knight to serve 60 days in jail unless she immediately paid $785 in fines, fees and costs for driving on a suspended license. The register of actions in Ms. Knight's case states "MONEY OR JAIL." 33 Judge Gerds did not make any inquiry into Ms. Knight's ability to pay prior to imposing the sentence. 34 People of the City of Eastpointe v Donna Elaine Anderson 78. Donna Elaine Anderson is the plaintiff in this action. 79. Ms. Anderson is the defendant in People v Anderson, 38th District Court case numbers 14EA04628A-OM and 14EA04628B-OM. 35 80. Ms. Anderson's case is cwTently pending, and she is scheduled for sentencing on July 22, 2015. 81. On April 15, 2015, Ms. Anderson pleaded guilty to not having a dog license and contempt for failure to appear on that citation. 82. As a result of the dog license violation and associated penalties and late fees, Ms. Anderson now owes $455 in fines, fees and costs to the court. 83. Ms. Anderson is indigent. 36 84. Ms. Anderson is a single mother with two young children dependent solely on her for their care and wellbeing. 85. Ms. Anderson is the recipient of means-tested government assistance including Section 8 housing assistance, utility assistance, food assistance, and Medicaid. 33 Knight Registers of Actions, Exhibit W. 34 Sullivan Affidavit, Exhibit L. 35 Anderson Registers of Actions, Exhibit X. 36 Anderson Affidavit, Exhibit Y. 13 86. Ms. Anderson has been unable to obtain steady full-time employment because she must take care of her children and cannot afford child care. 87. As a result of her indigency, Ms. Anderson often falls behind in paying her regular household bills. 88. For example, Ms. Anderson is cuiTently two months behind in paying her water 89. Ms. Anderson's top priority is to keep her children fed and housed in a home with bill. electricity and nnming water. 90. Ms. Anderson was told by her comi-appointed attomey that her sentence will be to either pay the $455 she owes to the court or, if she cannot pay that amount in full on the date of sentencing, to go to jail. 91. Ms. Anderson's sentencing was originally scheduled for May 20,2015. 92. Because of her indigency, Ms. Anderson was not able to save or obtain $455 by May 20,2015. 93. When Ms. Anderson came to court on May 20, 2015 without $455, her attomey adjoumed her sentencing for approximately 30 days so that she would not go to jail. 94. Ms. Anderson's attomey has explained to her that the court has a strict policy of not allowing payments plans (see Exhibit Y), that she would not be allowed to do community service in lieu of paying, and that she would go directly to jail if she was unable to immediately pay $455 in full at the time of her sentencing. 95. Ms. Anderson's sentencing was rescheduled for June 24, 2015. 96. Because of her indigency, Ms. Anderson was not able to save or obtain $455 by June 24,2015. 14 97. When Ms. Anderson came to court on June 24, 2015, she brought $150 with her as a demonstration of her good-faith intent to pay off her debt over time. 98. When Ms. Anderson's case was called, her attorney asked for an additional 30- day adjournment of her sentencing because Ms. Anderson did not have the full $455 that day. 99. Judge Gerds granted the adjournment but warned Ms. Anderson that this would be her last chance and there would be no further adjoununents of her sentencing hearing. 37 100. Ms. Anderson's sentencing was rescheduled for July 22,2015. 101. Due to Ms. Anderson's indigency, she has been unable to save or obtain $455 and will be unable to do so by July 22,2015. 102. Based on Judge Gerds's established practice, Ms. Anderson lmows that if she appears on July 22, 2015 without $455, she will be sentenced to jail and immediately taken into custody without regard to her financial inability to pay. 103. Ms. Anderson is a single mother who lives alone with her two young children. Ms. Anderson was told by her attorney that if the judge sends her to jail and she has not arranged for someone to care for her children, her children would be taken by Child Protective Services. 104. Ms. Anderson has admitted responsibility for her offense, has now obtained the dog licenses required by city ordinance, and is fully prepared to be punished. However, she does not believe that she should be sent to jail based on her inability to pay when a similarly situated defendant with the ability to pay would not be jailed. Grounds for Superintending Control 105. Judge Gerds' s "pay or stay" sentencing practice violates his clear legal duty under the due process and equal protection guarantees of the federal and state constitutions not to 37 Anderson Transcript, Exhibit Z. 15 impose sentences that result in defendants' incarceration due to their inability to pay. 106. No available legal remedy other than superintending control is adequate to obtain the relief sought because: a. this complaint challenges a general practice of the District Comi; b. individualized appeals from Judge Gerds's individual decisions have proved unsuccessful in ending the challenged practice; c. even when appeals have been successful in challenging an individual sentence, defendants have been forced to serve some period of jail time before obtaining release on bond pending appeal, thereby causing them irreparable harm; d. if Ms. Anderson is sentenced to jail because she cannot afford to pay $455 in fines, fees and costs, she will be deprived of her liberty in violation of the United States and Michigan Constitutions, causing her itTeparable harm; e. even if Ms. Anderson appeals her individual sentence and is successful both in obtaining bond pending appeal and in the appeal itself, she will be forced to serve some period of jail time before being released, causing her irreparable harm; f. an appeal of Ms. Anderson's individual sentence cannot provide relief to similarly situated persons affected by the District Court's general sentencing practice; and g. similarly situated persons, who by definition are indigent, are unlikely to have the resources to appeal their "pay or stay" sentences, and, even if 16 they do, are likely to have served the entirety of their unconstitutional sentences before their cases can be heard. Class Allegations 107. Ms. Anderson seeks an order of superintending control as a representative party on behalf of all persons similarly situated to her. 108. The class of such persons is defined as all persons who are or will be defendants before Judge Gerds in the 38th District Comi and who are or will be subject to a "pay or stay" or similar sentence in that Court and who are or will be unable to afford to pay. I 09. The class is sufficiently numerous to make joinder of all its members impracticable. The allegations of this complaint give rise to a fair inference that dozens (and most likely hundreds) of defendants in the 38th District Court have been given "pay or stay" sentences without consideration of their ability to pay. Absent the relief sought by this complaint, a large number of defendants will continue to be harmed by the challenged practice, and the joinder of such persons in this action is inherently impracticable. 110. The questions of law or fact common to the members of the class predominate over questions affecting only individual members. The common question of law is whether a "pay or stay" sentencing practice, when carried out without regard to defendants' financial ability to pay, violates the due process and equal protection guarantees of the federal and state constitutions. The common questions of fact are whether Judge Gerds engages in such a practice and whether members of the class are subject to it. These questions predominate over questions affecting only individual members because the challenged practice itself violates defendants' entitlement to an individualized consideration of their financial circumstances that the law clearly requires. 17 111. Ms. Anderson's claim is typical of the claim of the class. Ms. Anderson is a defendant in 38th District Court who, pursuant to the challenged practice and like other members of the class, is likely to be sentenced to jail by Judge Gerds because she is too poor to pay the fines, fees and costs assessed against her. For the reasons set forth above, superintending control is the only adequate remedy available to her and the class. 112. Ms. Anderson will fairly and adequately assert and protect the interests of the class. There are no known conflicts between her and absent class members with respect to the matters at issue in this action; she will vigorously prosecute this action on behalf of the class; and undersigned counsel from the ACLU has the expe1ience, expertise, and resources to represent the class. 113. The maintenance of this action as a class action will be superior to other available methods of adjudication in promoting the convenient administration of justice. The function of a writ of superintending control is to serve the interests of the judicial system as a whole as a device for protecting the system's integrity and furthering its efficiency. Under the present facts superintending control providing relief to a class will allow this Court to address and resolve objections concerning a generalized practice of the District Court and to issue an appropriate remedial order providing final equitable or declaratory relief with respect to the class. PRAYER FOR RELIEF Based on the foregoing, plaintiff Donna Elaine Anderson asks that this Court assume superintending control over the 38th District Court and: a. enter an interim order requiring the District Court to temporarily stay Ms. Anderson's case and adjourn her sentencing pending the issuance of a final judgment in this proceeding or until further order of this Court; 18 b. enter a judgment ordering the District Court not to jail any defendant pursuant to a "pay or stay" sentence or any similar order, such as commitment to jail with release authorized upon payment, without first determining that the defendant has the financial ability to pay; c. enter a judgment ordering the District Court to impose a non-custodial sentence on Ms. Anderson that accommodates her limited ability to pay; and d. issue any other interim or final order deemed reasonable, necessary or just in furtherance of this Court's jurisdiction over tlus matter. Respectfully sub~i~e~ J)JS.0~ Dated: July 9, 2015 DanielS. Korobkin (P72842) Sofia V. Nelson (P77960) Michael J. Steinberg (P43085) American Civil Liberties Union Fund of Micmgan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org Miriam J. Aukerman (P63165) American Civil Liberties Union Fund of Miclllgan 1514 Wealthy St. SE, Ste. 242 Grand Rapids, MI 49506 (616) 301-0930 maukerman@aclumich.org Attorneys for Plaintiff 19 INDEX OF EXHIBITS A: Opinion and Order, People v Rockett, March 18,2015 B: Photograph of Sign in Lobby of 38th District Court C: Rockett Sentencing Transcript, January 30, 2015 D: Rockett Registers of Actions E: Rockett Judgments of Sentence F: Rockett Resentencing Transcript, May 1, 2015 G: Milton Sentencing Transcript, June 19, 2015 H: Milton Register of Actions I: Milton Judgment of Sentence J: Berschback Affidavit K: Doukoure Affidavit L: Sullivan Affidavit M: Dar-Shawn Roman Brown Register of Actions N: Williams Register of Actions 0: Callaway Register of Actions P: Jones Register of Actions Q: Fuqua Register of Actions R: Grayson Register of Actions S: Wade Registers of Actions T: Alicia Shawnta Brown Register of Actions U: Evans Registers of Actions V: Adams Registers of Actions W: Knight Registers of Actions X: Anderson Registers of Actions Y: Anderson Affidavit Z: Anderson Transcript STATE OF MICHIGAN MACOMB COUNTY CIRCUIT ,COURT PEOPLE OF THE CITY OFEASTPQ!NTE, Case No. 15-444-AR vs. RYAN EDWARD ROCKETT, Defendant:-Appell311t. This matter is before the CoUrt oh defehdant-appellant Ryan Edward Rockett's appeal of the 38tliDistrictCourt's i .. /);~i.~.;c!{groun d rt;:~...::~/;:;_;:)-;: :. cl(~teiiqant' ···.·· _· •, ·~··.'9.~. ~. =.c : .':.t '.,•.d_e e n .• ~(i-.~~s..,·-...c·.-...,.,.,.,.,,, .. su_.• --~~ . Cl.:.:,. ••.. . •. .·. _.. . 0~ JanJary _ . _ 30, 20}5, •. ct.(~t¢j~Q?JCH- WJ.i to ,griyipg 'WJ:til~ .· clli~. I~--~ W~S;S~~fe.h9~~L}Jy th~ -· ,-~f~~(- d~y~ i~1 iaA for district CO-urt. to.· 30 opera!~g •ct ·..JeW~le ~.~itho~~ msw~~e,·)~~1.~ ~. authorization .. •fqr r~le~s~. _.upqn,. pay111ept ..·of . . .. . . . .. .. ... ' . : . . . . :. : .': .· ... : . . ,_. .. :· .... .. ·. . . · ;. .. :. . ' . $246,QO?Def~nd£llltwas :~-~~:s¢.Iltel1c:~dJo :93 ,·_ ,::-./<<-:.:·-:-:···.' ·_ .. .. .. .. . .. . . - ~. .. . . . .. . d£tys .in jail for drivi11g. whiie.his)icense. was -:.:.:<<: - . ~:'f:ir~it:i;l:~·!p~{~f;~,a i hn~r oh ·fP~·Cri:~ t.~ ~rE.stpoin,, b., not filed • re,pon,ive b>ief on the Accorqi~g tp tl1e Ndgrnert. of Sert~ll% d,e,f~p~~t,W~ .o?ligated to pay the ~tate. Illinirnum fee.· of $40.00, court ;osJ:s i~ ihc::ifinpunt of$15LQO, an~.'~q~.if'' c-~~t(~f~25,.00, ••· ;, . · · •·..•····.· ·. . ···••····.·.· ·.•·.····.· .. ·.· ·.. . . . . ·. . ·.•. · •... f\ccorqiJ.lgto the.l1JcJgiD~nt·.o[SeiJtef.l8t':,)it:feilclaJ11'}Vas . obiigatedto pay the.state.minirnum. fee of$50.00, crinle. viciim'sfights.fee .of $75,00, court,,t_Dsts :iri'thei.wqu.nt . O'f$821.00, attorn(:y fees ·in the amount of $75.00, .and ''other'' costs of$130,00. ' . ·. <' ('< ( ,. • <' 2 0 sentencing hearing transcript, the sentences were to run concurrently. In total, defendant was ordered to pay $1,500.00 on the day of sentencing or serve 93 days in jail. . At the sentencing hearing, the district court stated, "Hopefully you can pay that and be on . your way. Sir, if I ~ver see. you again, you're notgetting that opportunjty to pay or go to jail, . . you'rejust going togo to jail and it's goini to be for 93 days. Just '\V~tto give you the heads . ·. .,_. ..· up." Sentencing Transcript at 8. In response, defendant asked, "is it pay or stay?" !d. The court confnmed, "Yes, sir." !d. On February 4, 2Q15, the district court denied defendant's motion for bond pending appeal. OnFebl"llary 9~2015, defendantfile4.the instant appeal, alo]lgwit,h, an emergency motion for bond pending appeal OnFebruary 12,<2015, this Court granted.def~ri(i~t's emergency motion for bondpen~~ng~ppeal, and tookthe appeal under advise~e~t. 4 • ·\ . ·_·:_::';.:· .. · ... ... ·.· ;, ·, ' ·II.Start~a~cl of]leview Defendant argrre~ thatthe 38lli pistrict Qmirt 'violated 'his ri~hts lirtcie/ both the '(]{#ted .. . ..••• - ... : ::... . • . . ·. . . . . : . . . . __ , :·· ·.• : ··. -!• . . <: .... _..._.··;.::·, .. -........ ·,_ •.:· _.. _.. _ -.·· ..- .. States and 1vlichig~ .pb~~#tut!ons wh~n it sentenced hiin to ja11; urici~r'~ cUl~ged sentencing ._,_-_, ;·-.·.·.·.-;:····. :· __ .·:, practice C0111lTlOnlylai¢\.Vllas ''pay orstay" Qf "fine Of tbne." S~~cih~aJJ;, ;;defendantcontencls 4 · ... ·.. .·,· ..•.. ' •• ' '· •• •' . • . .·. . . . • . · . . •·.. . ' • . . ·.··......·•·..•.·.. ·· . ·. . ·.•·• ·•· The Court notes tlJ.at counsel for the City of E,astpointe ~tated atthe hearing that he ',VO)Jld be wming to. stip_lll~teto remanding the matter to the District Court for resentencing. However, counsel for defendant responded that her client was exercising the constitutionality of the imposed sentences. · · ·· . . his.right ... to thaUenge . 2 .. immediately pay $1,500.00 in fines, fees, and court costs, without first ascertaining his ability to pay through an indigency hearing. IV. Law & Analysis . ·. "It :: ' : is "'~11 established that a sentepce .tliat exposes an offe11c}ertq incarc~ration unless he pays restitutiol1(){some other fine violatestheEqual Prote~tion 'Cial1k~s.bffuefederal and state offenders··~~Xhave .and. do not have constitutions because it results in unequal .punishments for : . ·, - _: .. :· \ ·. '>;. . . . ·. . '; . . . :· -. ~ . sufficient mo~~Y.'' People v Collins, 239 Micll App 125, 135-136; 607 NW2d 760 {1999); Tate v Short, 401 U.S.395, 397-400; 91-·S Ct 668; 28L Ed 2d130{1971) . .I-Iow-ever, ~:this substantive limitation..on the imprisorunen-t, ;9f indigents is to be distinguished ~o~~~e sitl1ation wher~adefendant was. willfully ,at.faultjl1failing 'tq pay'the fine . . .LV.L.L'"':'c''•" '-1-'1-' at 136; Beardenv Ge()rgiJ,461 US660, .......u, ..........· .... ~egard, 668~· ·... · . w¢·Jp. COnsider . ,W.IJlettter·•,q§.P,f:J[enaru'lt •C()urtS • ..· ,-:-.·-··:··: . . ..:~ ;'·.:. .. ; ;: :-:.:~~::".<.:::·.:·:·,;_: ,.,_ ; alternate .metilpd~ ofplliiishilig .the clefenda1lt·areayailable.".Jd. 6()8j$$Q.' Ql1 this •po}nt,'~'the .. • :~ . • ... ·... . ·.. : ' ·, . . . . ... ·. . . ,. ' . . . ·. . .. . . . .. .. . .:-.. .. • • • • ..•. • . • . . . . .. . ... ·::·: ............ 'y·:··,. history and'finail9ialresoliices,"Jd. 'at(i70. : ! .· .. .,._,_· .. . ... : :. ' . .• . • ' I. • .. • . • .• . • ' . • .. ; ·:·· .... ·. ·... ' .. '. • .. ·. serit~ilCingdefendant to .... ... ,, ::·--_-• ·. : ::·· :. ~-:: ::: . ··iilll11e?j~~.~~YB~!:···~rf?P:P·P9.Pi.fi?8s, ··~9~~'.·-f¥~ 9allJi·. cp~ts.,•:w~!:~PNt'±[~}!~~9eft#P?l~.·~is. ability•· to pay through ai1'wfiig~lity ~earing. .... :. : :;: ..:·, ......:: ~ ·.... :·: .>;.:·.. ~:·:.~:::··. :.:.· ·_·;.·: .~··.:··.·.·.· ·.:. ~-~ :_. . ·.'·.~· ·.· The ··di~ti-ict.<:.: ·.cdl1r( by: its..;:\~~ ~drhission. qn the .. record, . :'...: . ·: :.-: . ; .; ;·.·: '· .' :·. ... .. : . . . '. . . :·..· .:·. ;: .·. ·_: "..\." ~: ..-: . .·.·:.·.·:· :;.:·..-~ ~-\··.:":._· ::.':":'-; . ~: ~ .. .. :.·:···.~~!;.:>,-;_. :.~·:/·:·.,->: ..... 2015-0444-AR solely upon ''the 8lll()untofmoney hehas."GrUfenv fllinois, 351 US 12, 19; 76 S Ct 585, 591; .100 LEd 89L{19,?6)(pl11feility opiniol1). F1llihel1:rJ.or¢, the Court rejects a~y £lf~ent that district coilli's ~ehte11cing order did not . \ \ ·. impose a jail sentynpe pecause defendant.Jail~d to pay fines, costs, and fees, but rather allowed for the •suspensiokbfthe jail sentence or e£ll"l}rrelease if defendant paiciiJ.is court obligations. :.. _.. : ·.. . ~> .. '~Regardless ofhowthetrial court phrasys its order, the result is a shorter term for the defendant ; ' <- . . ' : ., . .. . . . -~. if hy can . .··.· ai1d cloes ·pa.y, ·Md ·- a ,·longer .term.if he cannot and does not. pay- a .result clearly ··-;·;:·'-· :·: . .· . prohibited by ..... ... _:,. . ·.· . . . . . ·_ . . ._-.:: . the ~c}ll£11 Protectidri ClauSe." Collins' 23 9 Mich App at :13 6. . ' -; . .. ': . •• 'sJanue:rry3b,2(H5,Judgments of . · .. -·; .. --< ·:]·~- ·... :-:--, ,.. ·:... .. .- .. -. · ... ·. ; wigs? mtg: STATE OF MICHIGAN IN THE 38TH JUDICIAL DISTRICT COURT (MACOMB COUNTY) PEOPLE OF THE CITY OF EASTPOINTE, Case No: 14EA05894 B & C v. RYAN EDWARD ROCKETT, Defendant. ___________________________________! SENTENCING BEFORE THE HONORABLE CARL F. GERDS III, DISTRICT JUDGE Eastpointe, Michigan - Friday, January 30, 2015 APPEARANCES: For the People: For the Defendant: None MR. TIMOTHY R. SINCLAIR (P23687) Attorney at Law P.O. Box 36913 Grosse Pointe Farms, Michigan 48236 (313) 770-0019 Transcribed by: MS. HEIDI M. TERENZI, CER 8219 Certified Electronic Recorder (586) 445-5020 1 TABLE OF CONTENTS WITNESSES: PAGE PEOPLE None WITNESSES: DEFENDANT None IDENTIFIED EXHIBITS: 2 RECEIVED 1 Eastpointe, Michigan 2 Friday, January 30, 2015 at 8:44 a.m. 3 THE COURT: 4 Calling the case of People versus Rockett. MR. SINCLAIR: 5 Ready, your Honor. 6 it please the Court, Timothy Sinclair appearing on behalf of 7 Mr. Rockett, who's here today. 8 the Court on a contempt hearing. THE COURT: 9 Your Honor, we're here before You can have a seat, sir. 10 You back there, sir, you can have a seat. 11 much. I appreciate that. 12 THE DEFENDANT: 13 THE COURT: 14 MR. SINCLAIR: 15 contempt hearing. No, not you. Thank you very Sir, your name, please. Ryan Rockett. Thank you very much. Mr. Sinclair. Yes, your Honor, we're here on a Judge, Mr. Rockett failed to appear -- 16 THE COURT: 17 MR. SINCLAIR: 18 Good morning, may Well, it's actually a sentencing. It is a sentencing date. It's an adjourned sentencing and contempt -- 19 THE COURT: Sentencing and contempt because 20 MR. SINCLAIR: I think one in the two. 21 THE COURT: of the no insurance. 22 MR. SINCLAIR: Since the time we were here and Exactly. 23 entered our plea, Judge, a couple -- a couple sad things have 24 happened. 25 THE COURT: Yes. 3 MR. SINCLAIR: 1 2 3 4 5 pay the fine for the Court. was -- he was apprehensive to come to before the Court without any money to pay the fine. THE COURT: 7 MR. SINCLAIR: 9 14 THE COURT: Do you have some documentation on that, MR. SINCLAIR: I asked Mr. Rockett, he does not. just came out on the 19th, Judge. He I -- I wish I had something for you. THE COURT: Okay. MR. SINCLAIR: 16 THE COURT: 17 I just learned of that this morning. Okay. MR. SINCLAIR: 18 20 He was Mr. Sinclair? 15 19 since that time also he has He there for 12 13 Sure. admitted himself to Sacred Heart for substance abuse. 10 11 He tells me his roommate stole the money, or he believes his roommate stole the money, and he 6 8 Mr. Rockett was saving money up to Thank you. He also tells me that he has a -- has a-- he 1 s working for a flooring company, Cusamano Flooring. He has a job, he 1 s trying to earn some money and he regularly 21 attends NA meetings and is also part of intensive out-patient 22 treatment. 23 24 25 THE COURT: Okay. MR. SINCLAIR: He recognizes he 1 s got a problem and a lot of bad luck, Judge. 4 2 Yeah, a lot of problems, I think. THE COURT: 1 problems than I probably can solve for him. 3 MR. SINCLAIR: 4 THE COURT: 5 MR. SINCLAIR: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 But he's here today, Judge, -- Thank you. for sentencing and on the contempt. THE COURT: Okay. Thank you. And before we start, Ashley can you tell me what's owed on the contempt charge. COURT CLERK: THE COURT: $246.00. Okay. would you like to tell me? THE DEFENDANT: Thank you. Mr. Rockett, what Anything? Your Honor, I'm -- I'm trying to turn the corner and change my life. THE COURT: what changed? What What-- what's causing you to try and change, to turn the corner? What is it that happened? THE DEFENDANT: THE COURT: To be honest -- Tell me when it happened. I'd like to know when it happened. THE DEFENDANT: This is exactly what happened. I've been living -THE COURT: 23 to turn the corner. 24 that occur? 25 More No, I just want to know when you decided That's what I want to know. When did Do you have a date for me that it happened? THE DEFENDANT: It happened at Christmas. 5 THE COURT: 1 This year, okay. Go ahead. And what 2 happened at Christmas that all of a sudden you want to turn 3 the corner? 4 THE DEFENDANT: 5 THE COURT: 6 THE DEFENDANT: Well, I've been wanting to. You've been wanting to, okay. And my mother asked me to show my 7 grandmother, who is struggling to go to the doctor and do what 8 she needs to do, to show her how to do it. Man up and face my 9 problems and show her that it can be done. And I said I would 10 and I want to. I'm very happy at the moment. 11 THE COURT: Well, good. 12 THE DEFENDANT: It's very nice to be free of 13 substances. To able to be employable and maybe save my house 14 and save some face with my family. THE COURT: 15 Sure. You know, here's what I'll tell 16 you. You may have a substance abuse problem, that may be your 17 issue, but you've also got a driving issue. 18 I'll tell you this, and Mr. Sinclair will probably vague for 19 me, I see a lot of bad driving records. 20 You know what, I don't think I've seen one as bad as yours. 21 THE DEFENDANT: 22 THE COURT: You know, and I see a lot of them. Okay. Do you know how many pages yours is? 23 Forget about counting all of your suspensions and all of your 24 offenses because I don't have that time and I don't want to 25 make these people wait a couple of hours. 6 1 THE DEFENDANT: 2 THE COURT: 3 Yes, sir. Do you know how many pages your driving record is? 4 THE DEFENDANT: 5 THE COURT: 6 THE DEFENDANT: 7 THE COURT: 8 THE DEFENDANT: 9 THE COURT: Five. Just how many pages it is? Five, probably. How many? Five to seven. How many? 10 THE DEFENDANT: 11 THE COURT: 12 THE DEFENDANT: 13 THE COURT: Five to seven, I'm guessing. Try four times that amount. Okay. You've got 19 pages, just a driving 14 record that is absolutely horrendous. 15 should just go to jail. I think that's what you're basically that's what should happen here. 16 Frankly, sir, you You should just be jailed 17 on this, frankly, that's what I think, because you're just 18 such a terrible driver. 19 pages of a driving record is just -- I don't know how you did 20 it. 21 talking the last 14 years. That anybody who could accumulate 19 I don't how that's even possible but that's-- we're just 22 THE DEFENDANT: 23 THE COURT: 24 THE DEFENDANT: 25 THE COURT: If I may. I don't know how you did it, sir, Okay. I'm sorry. buy you did it. 7 You know what, good 1 luck to you. Anything else, Mr; Sinclair? 2 MR. SINCLAIR: 3 THE COURT: Nothing further, Judge. It's the sentence of the Court it's 4 $500.00 in fines, $300.00 in costs, there's a $50.00 state fee 5 and a $75.00 crime victim's rights fee. 6 court appointed counsel fees. 7 MR. SINCLAIR: 8 THE COURT: 9 I want you to repay Mr. Sinclair, your fees? One seventy-five, Judge. One hundred seventy-five dollars or 93 days Macomb County Jail. The contempt charge is $246.00 or 30 10 days Macomb County Jail, to run concurrent. 11 sir. 12 be on your way. 13 getting that opportunity to pay or go to jail, you're just 14 going to go jail and it's going to be for 93 days. 15 to give you the heads up. Have a seat in the box. THE DEFENDANT: 17 THE COURT: 18 THE DEFENDANT: 19 THE COURT: 20 THE DEFENDANT: 24 Just want May I ask what -- Yes, sir. -- is it pay or stay? Yes, sir. Like, even if I go to jail I can pay later? 22 23 Hopefully you can pay that and Sir, if I ever see you again, you're not 16 21 Good luck to you, THE COURT: box. You always can, sir. Have a seat in the Thank you. (At 8:49 a.m., proceeding concluded) 8 CERTIFICATE STATE OF MICHIGAN COUNTY OF MACOMB I certify that this transcript, consisting of 9 pages, is a complete, true, and correct transcript of the proceedings and testimony taken in this case on January 30, 2015. Dated: /S/ HEIDI M. TERENZI Heidi M. Terenzi CER 8219 38lli District court 16101 Nine Mile Road Eastpointe, MI 48021 (586) 445-5020 February 9, 2015 9 STATE OF MICHIGAN 38TH JUDICIAL DISTRICT ORIS0006SJ PIN: 14-17623 REGISTER OF ACTIONS CASE NO: l4EA05894B DOl OI X-REFERENCE #: 14-17623 STATUS: DISP P-27221 P-27221 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III CITY OF EASTPOINTE v CTN: TCN:· F31423400SL ROCKETT/RYAN/EDWARD SID: 21744 PLEASANT AVE ENTRY DATE: 08/22/14 EASTPOINTE MI 48021 OFFENSE DATE: 08/22/14 334 AM VEHICLE TYPE: PA VPN: MI DBLS823 15 CDL: N DLN: MI R230755189177 DOE: 03/08/1983 SEX: M RACE: W PAPER PLATE: , VIN: VEH YR: 1990 VEH MAKE: LINC BAR NO. DEFENSE ATTORNEY ADDRESS P-77960 NELSON,SOFIA VALENCIA, Telephone No. 2 9 6 6 WOODWARD AVE ( 313) 57 8-6 8 0 6 DETROIT MI 48201 DEPT: EASTPOINTE POLICE DEPARTM OFFICER: WOOD/ANDREW PROSECUTOR: VICTIM/DESC: 9 MILE/PLEASANT VENUE: CITY OF EASTPOINTE COUNT l C/M/F: C 3106 ORD#424. 01 ~0 INSURANCE ~IGNMENT DATE: PLEA: ADMIT RESPON PLEA DATE: 09/23/14 iiNDINGS: JDGMNT RNDRD DISPOSITION DATE: 09/23/14 3ENTENCING DATE: 01/30/15 FINE COST ST.COST CON MISC. REST TOT FINE TOT DUE 0.00 0.00 0.00 0.00 45.00 0.00 45.00 45.00 JAIL SENTENCE: 30 DAYS PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: DATE ACTIONS, JUDGMENTS, CASE NOTES 18/22/14 082214 FILING DATE NO INS 1 ORIGINAL CHARGE ORDINANCE FINE & COSTS STATE COSTS - TRAFFIC CIVIL INFRACTION BLDl SCHEDULED FOR INFORMAL HEARING 082214 BOOA PROCEEDING HELD ALL COUNTS JDG METRY,THEODORE A., SCHEDULED FOR FORMAL HEARING $ $ $ KMH KMH KMH KMH KMH 110.00 40.00 10.00 P-27221 :1 I o4/14 MISCELLANEOUS ACTION -ATT SINCLAIR,TIMOTHY R. 3/23/14 l PROCEEDING HELD JDG METRY,THEODORE A., ADMIT RESPONSIBILITY JUDGMENT RENDERED SENTENCE INITIALS P-47087 KMH CMB CMB P-27221 CMB P-23687 KMH KMH ALL COUNTS NO INS P-47087 $ 160.00 CMB CMB CMB CMB CMB NAME: ROCKETT /RYAN/EDWARD CASE NO: 14EA05894B ACTIONS, JUDGMENTS, CASE NOTES DATE MISCELLANEOUS ACTION NO INS SCHEDULED FOR SENTENCING 101714 800A 09/24/14 1 ABSTRACT GENERATED SEQ: 00024 10/14/14 ATTY REQ ADJ 10/15/14 MISCELLANEOUS ACTION ALL COUNTS REMOVED FROM CALENDAR 101714 800A GERDS 1 CkRL F.,III SCHEDULED FOR SENTENCING 110514 lOOP GERDS CARL F.,III NOTICE TO APPEAR GENERATED ALL COUNTS 11/14/14 ATTORNEY REMOVED ALL COUNTS 12/08/14 1 14 DAY NOTICE GENERATED NO INS 12/22/14 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) NO INS 25.00 $ SOS FEE/JUROR COMPENSATION NO INS 20.00 $ FAC/FCJ/FCPV NOTICE GENERATED NO INS 01/02/15 1 20% LATE PENALTY NO INS $ 41.00 01/26/15 ARRAIGNMENT ON BENCH WARRANT HELD ALL COUNTS JDG GERDS, CARL F. III SCHEDULED FOR CONTEMPT HEARING 013015 800A 1 MISCELLANEOUS ACTION NO INS AT~ ABBOTT,ELLEN A. 1 AT~ORNEY REMOVED ALL COUNTS 1 MISCELLANEOUS ACTION NO INS ATT SINCLAIR,TIMOTHY R. NOTICE TO APPEAR GENERATED NO INS NOTICE TO APPEAR GENERATED NO INS 11/30/15 SENTENCE HEARING HELD ALL COUNTS JDG GERDS CARL F. III SUPPLEMENTAL SENTENCING *** MONEY OR JAIL *** JAIL TERM 030D COMMITTED MACOMB COUNTY JAIL l JUDGMENT OF SENTENCE GENERATED NO INS 2/05/15 MISCELLANEOUS ACTION ALL COUNTS SUPPLEMENTAL SENTENCING 161.00$ 1 I I I PAGE 2 INITIALS P-27221 CMB CMB CMB KMH P-27221 P-27221 KMH KMH KMH KMH CWG P-27221 P-27221 CMB CMB CMB KMH P-48236 KMH KMH KMH P-23687 KMH KMH KMH P-27221 AAS AAS AAS AAS AAS AAS AAS AAS KMH KMH CASE NO: 14EA05894B NAME: ROCKETT/RYAN/EDWARD DATE ACTIONS, JUDGMENTS, CASE NOTES MONEY OR JAIL ORDINANCE FINE & COSTS 20% LATE PENALTY BLD1 CASE CLOSED 04/07/15 MISCELLANEOUS ACTION ALL COUNTS A7T NELSON,SOFIA VALENC APPEARANCE BY AN ATTORNEY FILED 04/24/15 MISCELLANEOUS ACTION ALL COUNTS SUPPLEMENTAL SENTENCING STATE COSTS - TRAFFIC CIVIL INFRACTION CASE REOPENED MISCELLANEOUS ACTION ALL COUNTS SCHEDULED FOR SENTENCING 050115 BOOA 05/01/15 1 JUDGMENT OF SENTENCE GENERATED NO INS $ $ $ PAGE 3 HUTIALS KMH KMH KMH KMH KMH 110.0041.0010.00- P-77960 $ 40.00- $ 40.00- GERDS,CARL F.,III ***** END OF REGISTER OF ACTIONS ***** 05/01/15 09:36 P-27221 KMH KMH KMH CMB CMB CMB CMB CMB CMB CMB CMB STAlE 0~ MICHIGAN 38'1H JUDICIAL DISTRICT ORIS00065J PIN: 14-17623 REGISTER OF ACTIONS ~~SE NO: l4EA05894C DOl OT X-REFERENCE #: 14-17623 STATUS: DISP JUDGE OF RECORD: GERDS CARL F. III JUDGE: GERDS,CARL F.,III 1 P-27221 P-27221 1 CITY OF EASTPOINTE v CTN: TCN: F314234005L SID: ENTRY DATE: 08/22/14 OFFENSE DATE: 08/22/14 334 AM VEHICLE TYPE: PA VPN: MI DBL5823 15 CDL: N DOB: 03/08/1983 SEX: M RACE: W DLN: MI R230755189177 PAPER PLATE: VIN: VEH YR: 1990 VEH MAKE: LINC DEFENSE ATTORNEY ADDRESS BAR NO. NELSON,SOFIA VALENCIAr P-77960 Telephone No. 2 9 6 6 WOODWARD AVE DETROIT MI 48201 (313) 578-6806 OFFICER: WOOD/ANDREW DEPT: EASTPOINTE POLICE DEPARTM ROCKETT/RYAN/EDWARD 21744 PLEASANT AVE EASTPOINTE MI 48021 PROSECUTOR: BROWN,CALVIN C.t VICTIM/DESC: 9 MILE/PLEASANT P-61725 VENUE: CITY OF EASTPOINTE COUNT l C/M/F: M 3200 ORD#424.01 DROVE WHILE LICENSE SUSP / REV / DENIED ~GNMENT DATE: 08/22/14 PLEA: PLEAD GUILTY PLEA DATE: 09/23/14 FINDINGS: DSP GLTY PL DISPOSITION DATE: 09/23/14 SENTENCING DATE: 05/01/15 FINE COST ST. COST CON MISC. REST TOT FINE TOT DUE 0.00 0.00 0.00 0.00 45.00 0.00 45.00 45.00 JAIL SENTENCE: 93 DAYS PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: HIS'I'ORY: RCPT DT NO. 8/22/14 D323659 ~OND DATE ACTION 8/22/14 12/30/14 TYPE 10%- DEPOSIT BOND FORFEIT CHECK 94708 AMOUNT 200.00 200.00 ACTIONS, JUDGMENTS, CASE NOTES 8/22/14 FILING DATE 082214 l ORIGINAL CHARGE DROVE S/R/D ORDINANCE FINE & COSTS SCHEDULED FOR ARRAIGNMENT/PRE-TRIAL 082214 SODA ARRAIGNMENT HELD ALL COUNTS JDG METRY,THEODORE A., NOT GUILTY ENTERED BY COURT SCHEDULED FOR PRE-TRIAL 092314 SOOA GERDS,CARL F.,III CASH/SURETY/10%- CASH BONil SET 2000.00 $ PETITION FOR COURT APPOINTED ATTORNEY FILED APPOINT ATTORNEY l PRETRIAL RELEASE/CUSTODY GENERATED-IN CUSTODY DROVE S/R/D STAT CLSD CLRK MHH ALJ INITIALS KMH KMH KMH P-27221 P-47087 P-27221 KMH CMB CMB CMB CMB CMB CMB CMB CMB CMB NAME: RO.CKETT /RYAN/EDWARD CASE NO: 14EA05894C ACTIONS, JUDGMENTS, CASE NOTES DATE PAGE 2 INITIALS MHH DROVE S/R/D BAIL BOND GENERATED MHH DROVE S/R/D MONETARY TRANSACTION 200.00 MHH 10%- DEPOSIT $ 200.00 D323659 MHH BOND POSTED $ MHH 1 . CASH TENDERED 09/04/14 ALL COUNTS KMH MISCELLANEOUS ACTION P-23687 KMH ATT SINCLAIR TIMOTHY R. NOTICE TO APPEAR GENERATED ALL COUNTS KMH 09/23/14 DROVE S/R/D CMB 1 PROCEEDING HELD CMB CASH OR SURETY $ 3000.00 CMB BOND SET DEFT FAILED TO APPEAR 1 ISSUE BENCH WARRANT - FORFEIT BOND CMB DROVE S/R/D CMB 1 PRE-TRIAL HELD P-47087 CMB JDG METRY 1 THEODORE A. 1 CMB PLEAD GUILTY CMB DISPOSED ON GUILTY PLEA CMB MISCELLANEOUS ACTION DROVE S/R/D SCHEDULED FOR SENTENCING 101714 BOOA GERDS 1 CARL F. 1 III P-27221 CMB 1 NOTICE TO APPEAR GENERATED CMB DROVE S/R/D CMB RECALL WARRANT / REINSTATE BOND 09/24/14 CMB 1 ABSTRACT GENERATED SEQ: 00025 10/14/14 ATTY REQ ADJ KMH 10/15/14 MISCELLANEOUS ACTION ALL COUNTS KMH REMOVED FROM CALENDAR 101714 SODA GERDS 1 CARL F. 1 III P-27221 KMH SCHEDULED FOR SENTENCING 110514 lOOP GERDS 1 CARL F. 1 III P-27221 KMH NOTICE TO APPEAR GENERATED ALL COUNTS KMH .1/05/14 CMB 1 PROCEEDING HELD DROVE S/R/D CASH/SURETY/10%- CASH CMB BOND SET CMB $ 10000.00 FAILED TO APPEAR - ISSUE BENCH WARRANT CMB 1/12/14 1 MISCELLANEOUS ACTION DROVE S/R/D CWG SUPPLEMENTAL SENTENCING CWG $ 75.00 CWG WARRANT FEE $ 75.00 MISCELLANEOUS ACTION DROVE S/R/D CWG CASH/SURETY/10%- CASH CWG BONIJ SET CWG $ 10000.00 111214 1 MOTION 1 AFFIDAVIT & BENCH WARRANT GENERATED DROVE S/R/D CWG CONTEMPT/FAIL TO APPEAR CWG CONTEMPT/FOLLOWING REASONS CWG FAC I IMP LANE USE I NO INS I DWLS CWG / FTA ON COURTDATE CWG l/13/14 1 NAME: RO.CKETT /RYAN/EDWARD DATE CASE NO: 14EA05894C ACTIONS, JUDGMENTS, CASE NOTES PAGE 3 INITIALS WARRANT ENTRY REQUESTED 111314 103P SYSIDNO (20:) GENERATED BY LEIN 44639138 WARRANT ENTERED INTO LEIN 11/14/14 ATTORNEY REMOVED ALL COUNTS 11/18/14 1 ORDER FORFEITING BAIL BOND GENERATED BF DT 121614 12/05/14 1 14 DAY NOTICE GENERATED DROVE S/R/D 12/22/14 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) 25.00 DROVE S/R/D $ SOS FEE/JUROR COMPENSATION 20.00 DROVE S/R/D $ FAC/FCJ/FCPV NOTICE GENERATED DROVE S/R/D 12/29/14 FORFEITURE TICKLER DELETED BF-DT 121614 12/30/14 1 PARTIAL PAYMENT MADE DROVE S/R/D BOND FORFEITURE BOND FORFEITED 200.00 $ PAYMENT D159034 200.00 $ 1 CHECK TENDERED 123014 JUDGMENT AFTER BOND FORFEITURE GENERATED 01/02/15 1 20% LATE PENALTY DROVE S/R/D 24.00 $ 01/26/15 MISCELLANEOUS ACTION ALL COUNTS WARRANT CANCELED FROM LEIN ARRAIGNMENT ON BENCH WARRANT HELD ALL COUNTS JDG GERDS,CARL F.,III P-27221 SCHEDULED FOR SENTENCING 013015 800A GERDS,CARL F. III · P-27221 CASH/SURETY/10% CASH BOND SET 5000.00 $ ***** NOTIFY CAC ***** 1 PRETRIAL RELEASE/CUSTODY GENERATED-IN CUSTODY DROVE S/R/D BAIL BOND GENERATED DROVE S/R/D MISCELLANEOUS ACTION DROVE S/R/D SURETY BOND POSTED 1250.00 012615 $ BUSTED BAIL BOND AGENCY 1 MISCELLANEOUS ACTION DROVE S/R/D ATT ABBOTT,ELLEN A., P-48236 ATTORNEY REMOVED ALL COUNTS 1 MISCELLANEOUS ACTION DROVE S/R/D ATT SINCLAIR,TIMOTHY R. P-23687 11/28/15 I KM""\.T KMV KMV CWG AAS AAS ALJ ALJ ALJ ALJ ALJ AAS coo coo CMB CMB CMB CMB CMB CMB CMB ALJ ALJ ALJ ALJ ALJ KMH KMH KMH KMH KMH ~: DATE RQCKETT/RYAN/EDWARD CASE NO: l4EA05894C ACTIONS, JUDGMENTS, CASE NOTES NOTICE TO APPEAR GENERATED ALL COUNTS 01/30/15 SENTENCE HEARING HELD ALL COUNTS JDG GERDS,CARL F.,III SUPPLEMENTAL SENTENCING $ CRIME VICTIM RIGHTS ASSESSMENT $ ORDINANCE FINE & COSTS $ STATE COSTS - MISDEMEANOR/ORDINANCE $ COURT COST-LOCAL ORDINANCE CRIMINAL $ BLD2 $ ATTORNEY FEES $ JAIL TERM 093D COMMITTED MACOMB COUNTY JAIL SENTENCE *** MONEY OR JAIL *** 1 JUDGMENT OF SENTENCE.GENERATED DROVE S/R/D 02/03/15 MISCELLANEOUS ACTION ALL COUNTS BOND HEARING 020415 lOOP GERDS,CARL 02/04/15 MOTION DENIED / FAILED TO COMPLY WITH COURT RULES 02/05/15 MISCELLANEOUS ACTION ALL COUNTS SUPPLEMENTAL SENTENCING $ MONEY OR JAIL CRIME VICTIM RIGHTS ASSESSMENT $ ATTORNEY FEES $ COURT COST-LOCAL ORDINANCE CRIMINAL $ ORDINANCE FINE & COSTS $ 2 0% LATE PENALTY $ BLD2 $ WARRANT FEE $ CASE CLOSED J2 I 09/15 PREP OF SENT TRANSCRIPT PER REQ OF ATTY SOFIA NELSON PREP OF MOTION HEARING TRANSCRIPT PER REQ OF ATTY BROOKE TUCKER )4/07/15 MISCELLANEOUS ACTION ALL COUNTS ATT NELSON,SOFIA VALENC APPEARANCE BY AN ATTORNEY FILED 14/24/15 MISCELLANEOUS ACTION ALL COUNTS SUPPLEMENTAL SENTENCING $ STATE COSTS - MISDEMEANOR/ORDINANCE CASE REOPENED MISCELLANEOUS ACTION ALL COUNTS $ PAGE 4 INITIALS MHH P-27221 1110.00 75.00 500.00 50.00 300.00 10.00 175.00 AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS F.,III P-27221 CMB CMB CMB CMB KMH KMH 1159.00- KMH KMH 75.00175.00300.00500.0024.0010.0075.00- KMH KMH KMH KMH KMH KMH KMH HMT HMT HMT HMT P-77960 50.0050.00- KMH KMH KMH CMB CMB CMB CMB CMB CMB ~: DATE RQCKETT/RYAN/EDWARD CASE NO: l4EA05894C ACTIONS I JUDGMENTS I CASE NOTES PAGE 5 INITIALS SCHEDULED FOR SENTENCING 050115 BOOA GERDS,CARL F. III NOTICE TO APPEAR GENERATED ALL COUNTS MISCELLANEOUS ACTION ALL COUNTS PROS BROWNICALVIN c., NOTICE TO APPEAR GENERATED ALL COUNTS 04/27/15 OPINION AND ORDER FROM CC FILED 04/29/15 CERTIFICATE OF SERVICE FILED DEFENDANT'S RESENTENCING MEMORANDUM FILED 05/01/15 SENTENCE HEARING HELD ALL COUNTS JDG GERDS 1 CARL F. 1 III SUPPLEMENTAL SENTENCING JAIL TERM 093D CREDIT FOR TIME SERVED IN JAIL 014D COMMITTED MACOMB COUNTY JAIL 1 JUDGMENT OF SENTENCE GENERATED DROVE S/R/D 1 ***** END OF REGISTER OF ACTIONS ***** 05/0l/15 09:36 P-27221 CMB P-61725 CMB CMB CMB CMB CMB CMB CMB P-27221 CMB CMB CMB CMB CMB CMB CMB CMB ur~g~na.1. - courc 1st copy - Jail 2nd copy - Michigan State Police CJIC Approved, SCAO THE PEOPLE OF - l..Jt::.!-t;:::.uua.t..U ... JUDGMENT-OF SENTENCE fK] COMMITMENT TO JAIL Address PAGE 1 14EA05894B OI X-REF: 14-17623 16101 NINE MILE ROAD EASTPOINTE, MI 48021 Court Telephone no. (586) 445-5020 Defendant's name, address, and telephone no. D 00 L:UJ:JY 4th copy Prosecutor 5th copy - Gun board (if needed) CASE NO. STATE OF MICHIGAN 38TH JUDICIAL DISTRICT JUDICIAL CIRCUIT court ORI MI-500065J Police Report No. 14-17623 ..l.LU v CITY OF EASTPOINTE ROCI 111/LU"I:J ]IS 12/29/14 122914 FILING DATE DROVE S/R/D 1 MONETARY TRANSACTION 200.00 $ INTERIM 200.00 $ BOND POSTED 1 CASH TENDERED 01/09/15 DROVE S/R/D 1 ARRAIGNMENT HELD JDG GERDS,CARL F.,III NOT GUILTY ENTERED BY COURT SCHEDULED FOR PRE-TRIAL 013015 800A GERDS,CARL F.,III PETITION FOR COURT APPOINTED ATTORNEY FILED APPOINT ATTORNEY 1 NOTICE TO APPEAR GENERATED DROVE S/R/D 01/12/15 ALL COUNTS MISCELLANEOUS ACTION ATT FREERS,DANA C., NOTICE TO APPEAR GENERATED ALL COUNTS 01/30/15 DROVE S/R/D 1 PLEA HEARING HELD JDG GERDS,CARL F.,III FAIL TO REDUCED CHARGE PLEAD GUILTY DISPOSED ON GUILTY PLEA 420.00 $ SENTENCE PER PLEA 75.00 $ CRIME VICTIM RIGHTS ASSESSMENT S0.00 $ STATE COSTS - MISDEMEANOR/ORDINANCE 10.00 $ BLD2 142.50 $ COURT COST-LOCAL ORDINANCE CRIMINAL 142.50 $ ORDINANCE FINE & COSTS FAIL TO MISCELLANEOUS ACTION PROS PROKOPEC,DAWN M., SCHEDULED FOR SENTENCING 022015 800A GERDS,CARL F.,III NEXT PROCEEDING NOTICE GIVEN IN COURT 1 NOTICE TO APPEAR GENERATED FAIL TO 02/03/15 SEQ: 00027 1 ABSTRACT GENERATED 02/20/15 FAIL TO 1 SENTENCE HEARING HELD 170.00 $ SUPPLEMENTAL SENTENCING APPLY DEFTS BOND 20.00 $ BOND COSTS 150.00 $ ATTORNEY FEES 0300 JAIL TERM COMMITTED MACOMB COUNTY JAIL JUDGMENT OF SENTENCE GENERATED FAIL TO MONEY OR JAIL FAIL TO MONETARY TRANSACTION 13670893 590.00 $ PAYMENT 1 OTHER PAYMENT TENDERED CREDIT CARD TENDERED CASE CLOSED ***** END OF REGISTER OF ACTIONS ***** 07/07/15 14:03 I New Search II Name List 11-8-;;t;;-rail] [Disconnect \ 0328276 P-27221 P-27221 KMH MHH MHH MHH MHH CMB CMB CMB CMB CMB CMB CMB P-65756 KMH KMH KMH P-27221 P-65638 P-27221 AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS AAS CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB MHH MHH D330024 MHH MHH MHH MHH 1/tl/LU"I:J JIS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! IORI508065J I IPIN: 13-0883346 I CASE NO: 13EA01114 081 OI REGISTER OF ACTIONS 82/28/15 STATUS: CLSD JUDGE OF RECORD: GERDS)CARL F.)III JUDGE: GERDS)CARL F.)III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: JONES/TORY/CHICO 18378 BERKSHIRE ST DETROIT MI 48224 VEH YR: 1997 VEH MAKE: OFFICER: KOENIGSMANN/ROBERT TCN: SID: ENTRY DATE: 02/25/13 OFFENSE DATE: 02/25/13 241 AM VEHICLE TYPE: PA VPN: MI CJL8418 13 VIN: PAPER PLATE: !DEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: !VENUE: CITY OF EASTPOINTE Charges ORD#424.81 COUNT 1 C/M/F: C 2448 DISOBEY TRAFFIC SIGNAL / RED LIGHT PLEA DATE: ARRAIGNMENT DATE: PLEA: FINDINGS: DEFAULT JGMT DISPOSITION DATE: 84/85/13 SENTENCING DATE: 84/85/13 COST ST. COST CON MISC. REST TOT FINE TOT DUE FINE 0.00 282.88 80.08 64.88 48.08 8.88 386.88 8.88 PROBATION: JAIL SENTENCE: 38 DAYS NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: BOND HISTORY: CHECK TYPE AMOUNT STAT CLRK RCPT DT NO. ACTION 1/23/15 18% DEPOSIT 528.88 CLSD TLW 1/23/15 D159872 3RD PTY DEPOSITOR: COLSON-WILLIS/JEMICA 2/28/15 BND APPLIED 94826 386.88 MHH 2/28/15 BND REFUNDED 94824 134.88 MHH Events ACTIONS) JUDGMENTS) CASE NOTES DATE 82/25/13 822513 FILING DATE DISOBEY TRAF 1 ORIGINAL CHARGE 88.88 ORDINANCE FINE & COSTS $ 48.08 STATE COSTS - TRAFFIC CIVIL INFRACTION $ 5.00 $ BLD1 SCHEDULED FOR INFORMAL HEARING 840213 888A GERDS)CARL F.)III 84/85/13 hUnc•/leOI"IIrc rn•lrfC! n-~irhln~n nnulile/ontru INITIALS TLW TLW TLW TLW TLW P-27221 TLW 1/'> ]IS lltl/LU"IO 1 DEFAULT JUDGMENT GENERATED DISOBEY TRAF DISOBEY TRAF PENALTY ADDED-ORDINANCE 04/08/13 1 DEFAULT ABSTRACT GENERATED SEQ: 00021 $ 25.00 05/06/13 DISOBEY TRAF 1 14 DAY NOTICE GENERATED 05/20/13 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) 25.00 $ DISOBEY TRAF SOS FEE/JUROR COMPENSATION 2.0.00 DISOBEY TRAF $ NOTICE GENERATED FAC/FCJ/FCPV DISOBEY TRAF e5/29/13 39.00 $ DISOBEY TRAF 1 20% LATE PENAL TV 07/18/13 DISOBEY TRAF 1 MISCELLANEOUS ACTION 25.09 $ SUPPLEMENTAL SENTENCING 25.00 $ SHOW CAUSE FEE DISOBEY TRAF MISCELLANEOUS ACTION SUPPLEMENTAL SENTENCING DISOBEY TRAF MISCELLANEOUS ACTION SCHEDULED FOR SHOWCAUSE HEARING 072213 100P GERDS,CARL F.,III 1 ORDER TO SHOW CAUSE GENERATED-UPDATED SHOWCAUSE FLAG DISOBEY TRAF YOU ARE ORDERED TO SHOW CAUSE WHY YOU SHOULD NOT BE HELD IN CRIMINAL CONTEMPT OF COURT e7 /23/13 1 MISCELLANEOUS ACTION DISOBEY TRAF 75.00 $ SUPPLEMENTAL SENTENCING 75.09 $ WARRANT FEE DISOBEY TRAF MISCELLANEOUS ACTION CASH/SURETY/10% CASH $ 5200.09 BOND SET 1 MOTION, AFFIDAVIT & BENCH WARRANT GENERATED DISOBEY TRAF CONTEMPT/FAIL TO APPEAR CONTEMPT /FOLLOl~ING REASONS FCJ I RED LIGHT VIO I FTA ON SHOWCAUSE DATE WARRANT ENTRY REQUESTED 72313 311P SYSIDNO (28:) GENERATED BY LEIN 43828751 WARRANT ENTERED INTO LEIN 01/28/15 MISCELLANEOUS ACTION ALL COUNTS WARRANT CANCELED FROM LEIN e1/23/15 DISOBEY TRAF 1 MISCELLANEOUS ACTION SCHEDULED FOR SHOWCAUSE HEARING 022815 800A GERDS,CARL F.,III DISOBEY TRAF 1 BAIL BOND GENERATED DISOBEY TRAF MONETARY TRANSACTION 520.88 $ 18% DEPOSIT 529.99 $ BOND POSTED 320947 1 CHECK TENDERED NOTICE TO APPEAR GENERATED DISOBEY TRAF 529.99 MAIL LOG - TRANSACTION RECONCILED $ 92/29/15 1 HEARING HELD FOR CONTEMPT OF COURT KMV KMV KMV KMV KMV KMV P-27221 KMV KMV KMV KMV KMV 072313 CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG WFL WFL TLW P-27221 TLW TLW TLW TLW D159872 TLW TLW TLW AAS 1/tl/LU"I:J JIS DISOBEY TRAF CMB JOG GERDS,CARL F.,III P-27221 CMB SUPPLEMENTAL SENTENCING CMB PLEAD TO CONTEMPT CMB CMB MONEY OR JAIL G3GD CMB JAIL TERM COMMITTED CMB MACOMB COUNTY JAIL CMB JUDGMENT OF SENTENCE GENERATED DISOBEY TRAF CMB MISCELLANEOUS ACTION ALL COUNTS MHH 52.(3(3 SUPPLEMENTAL SENTENCING MHH $ BOND COSTS 52.00 MHH $ 1 MONETARY TRANSACTION DISOBEY TRAF MHH PAYMENT 386.013 D3313G21 MHH $ 1 OTHER PAYMENT TENDERED MHH CASE CLOSED MHH 1 SOS CLEARANCE REQUESTED 221315 10131A D3 FAC/FCJ/FCPV CLEARANCE PRINTED 221315 10131A D3 sos CLEARANCE ACCEPTED 22015 113131A sos ***** END OF REGISTER OF ACTIONS ***** 137/08/15 139:58 I New Search II Name List II Go to Top I I Disconnect I htf-nc ·llcor>ltr.c l"'nl trfc rnirohln:::~n nr\\tliic/antnl II 1/L.U"i::J )IS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! IORIS0006SJ I IPIN: 15-07870 I REGISTER OF ACTIONS CASE NO: 1SEA02689B D01 OT X-REFERENCE #: 15-07870 STATUS: CLSD 05/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v FUQUA/TERRANCE/CION 31740 FRASER DR APT 206 MI 48026 FRASER VEH MAKE: KIA VEH YR: 2fl06 DEFENSE ATTORNEY ADDRESS BOWDEN,JAMES T., 126 S MAIN ST MOUNT CLEMENS MI 48043 OFFICER: GROVER CTN: TCN: F315120001X SID: ENTRY DATE: 04/30/15 OFFENSE DATE: 04/30/15 141 AM VEHICLE TYPE: PA VPN: MI E304 15 VIN: PAPER PLATE: BAR NO. APPOINTED P-6772fl Telephone No. (586) 6913-8252 !DEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: !VENUE: CITY OF EASTPOINTE Charges ORD#424.81 COUNT 1 C/M/F: M 3099P-l FAIL TO DISPLAY A VALID LICENSE REDUCED FROM ORD#424.81 COUNT 1 C/M/F: M 3288 DROVE WHILE LICENSE SUSP / REV / DENIED ARRAIGNMENT DATE: 04/30/15 PLEA: PLEAD GUILTY PLEA DATE: 05/29/15 FINDINGS: DSP GLTY PL DISPOSITION DATE: 05/29/15 SENTENCING DATE: 135/29/15 TOT DUE CON MISC. REST TOT FINE COST ST.COST FINE e.0e 0.ee 28s.0e fl.flfl 620.8fl 142.513. 5e.ea 142.513 JAIL SENTENCE: 45 DAYS PROBATION: VEH FORFEITURE: VEH IMMOB START DATE: NUMBER OF DAYS: BOND HISTORY: AMOUNT STAT CLRK ACTION TYPE CHECK RCPT DT NO. Sfl8.08 CLSD TLW 5/01/15 18% DEPOSIT 5/01/1S D3322BS 3RD PTY DEPOSITOR: HALT/CAROLYN/JANE MHH 5/29/15 BND APPLIED 95066 Sfl0.08 Events DATE 04/313/15 FILING DATE 1 ORIGINAL CHARGE hffnc:o ·//coro•rro rn• •ric rYlirhin::::~n nnunico/.cntru ACTIONS, JUDGMENTS, CASE NOTES fl43fl15 DROVE S/R/D INITIALS KMH KMH 1/') JIS /11/LU.IO ORDINANCE FINE & COSTS SCHEDULED FOR ARRAIGNMENT 13431315 888A GERDS,CARL F.,III ALL COUNTS ARRAIGNMENT HELD JOG GERDS,CARL F.,III NOT GUILTY ENTERED BY COURT SCHEDULED FOR PRE-TRIAL 852915 888A GERDS,CARL F.,III CASH/SURETY/113% CASH $ 5888.013 BOND SET PETITION FOR COURT APPOINTED ATTORNEY FILED APPOINT ATTORNEY 1 PRETRIAL RELEASE/CUSTODY GENERATED-IN CUSTODY DROVE S/R/0 135/81/15 DROVE S/R/0 1 BAIL BOND GENERATED DROVE S/R/0 MONETARY TRANSACTION 51313.013 $ Hl% DEPOSIT 51313.813 $ BOND POSTED 1 CASH TENDERED CREDIT CARD TENDERED DROVE S/R/D MISCELLANEOUS ACTION ATT BOWDEN,JAMES T., NOTICE TO APPEAR GENERATED DROVE S/R/D 13S/29/15 DROVE S/R/D 1 PRE-TRIAL HELD JOG GERDS,CARL F.,III FAIL TO REDUCED CHARGE PLEAD GUILTY DISPOSED ON GUILTY PLEA 420.013 $ SENTENCE 75.1313 $ CRIME VICTIM RIGHTS ASSESSMENT 58.013 $ STATE COSTS - MISDEMEANOR/ORDINANCE 10.00 $ BLD2 142.58 $ COURT COST-LOCAL ORDINANCE CRIMINAL 142.50 $ ORDINANCE FINE & COSTS FAIL TO MISCELLANEOUS ACTION 200.00 $ SUPPLEMENTAL SENTENCING THIRD PARTY TO SIGN OVER BOND 50.138 $ BOND COSTS 158.00 $ ATTORNEY FEES 045D JAIL TERM COMMITTED MACOMB COUNTY JAIL JUDGMENT OF SENTENCE GENERATED FAIL TO MONEY OR JAIL FAIL TO MONETARY TRANSACTION 14345574 620.00 $ PAYMENT 1 OTHER PAYMENT TENDERED CREDIT CARD TENDERED CASE CLOSED 06/01/15 sEQ: 138823 1 ABSTRACT GENERATED END OF REGISTER OF ACTIONS ***** 137/07/15 14:138 ***** I New Search Jl Name List II Go to Top I Disconnect J P-27221 P-27221 P-27221 KMH KMH CMB CMB CMB CMB CMB CMB CMB CMB CMB TLW TLW TLW TLW TLW TLW KMH P-677213 KMH 03322135 KMH P-27221 CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB MHH MHH 0332991 MHH MHH MHH MHH CMB I //1/LU.IO JIS Header Information !STATE OF MICHIGAN j38TH JUDICIAL DISTRICTj jORI508065J I !PIN: 15-02458 I REGISTER OF ACTIONS CASE NO: 15EA88823B D81 OT X-REFERENCE #: 15-02450 STATUS: CLSD 85/29/15 JUDGE DF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: GRAYSON/LIEATRICE/NICOLE 12688 PROMENADE ST MI 48213 DETROIT VEH MAKE: DODG VEH YR: 2883 DEFENSE ATTORNEY ADDRESS CAIN-TAYLOR COLEMAN,DELICIA A. 615 GRISWOLD ST STE 1888 DETROIT MI 48226 OFFICER: WOOD/ANDREW TCN: F315848002M SID: ENTRY DATE: 82/09/15 OFFENSE DATE: 82/09/15 431 AM VEHICLE TYPE: PA VPN: MI DCS6177 15 VIN: PAPER PLATE: BAR NO. P-56278 Telephone No. (313) 574-4687 jDEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: ALBRIGHT,RICHARD 5. P-57068 jVENUE: CITY OF EASTPOINTE Charges ORD#424.91 COUNT 1 C/M/F: M 3888P-L FAIL TO DISPLAY A VALID LICENSE REDUCED FROM ORD#424.91 COUNT 1 C/M/F: M 3299 DROVE WHILE LICENSE SUSP I REV I DENIED PLEA DATE: 05/29/15 ARRAIGNMENT DATE: 82/09/15 PLEA: PLEAD GUILTY FINDINGS: DSP GLTY PL DISPOSITION DATE: 85129/15 SENTENCING DATE: 05/29/1S TOT DUE TOT FINE FINE COST ST. COST CON MISC. REST 142.58 142.58 58.88 a.00 B5.8a a.a0 42a.0a 0.0a JAIL SENTENCE: 45 DAYS PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: BOND HISTORY: BOND POSTED 258.80 SURETY Events ACTIONS, JUDGMENTS, CASE NOTES DATE 92/89/15 828915 FILING DATE DROVE 5/R/D 1 ORIGINAL CHARGE ORDINANCE FINE & COSTS SCHEDULED FOR ARRAIGNMENT 820915 888A GERDS,CARL F.,III hftnc·//cot"llro ,-.n• trlc n-,irhin!:Jn nnufiic/antr\1 INITIALS P-27221 KMH KMH KMH KMH 1/'> 11//LU.IO JIS ALL COUNTS ARRAIGNMENT HELD JOG BROOKOVER, THOMAS w. NOT GUILTY ENTERED BY COURT !33!3315 8!313A GERDS,CARL F. ,III SCHEDULED FOR PRE-TRIAL CASH/SURETY/113% CASH $ 1131313.!3!3 BOND SET PETITION FOR COURT APPOINTED ATTORNEY FILED APPOINT ATTORNEY 1 PRETRIAL RELEASE/CUSTODY GENERATED-IN CUSTODY DROVE S/R/D 02/11/15 ALL COUNTS MISCELLANEOUS ACTION ATT DEMATTEIS,ANTHONY A NOTICE TO APPEAR GENERATED ALL COUNTS 02/12/15 ALL COUNTS MISCELLANEOUS ACTION SURETY 250.!3!3 BOND POSTED $ SURETY POSTED YOU WALK BAIL BONDS 1442 BRUSH ST DETROIT, MI !33/133/15 DROVE S/R/D 1 PRE-TRIAL HELD JOG GERDS,CARL F.,III SCHEDULED FOR PRE-TRIAL !332415 81313A GERDS,CARL F.,III 1 NOTICE TO APPEAR GENERATED DROVE S/R/D DEFENDANT RETAINED COUNSEL 03/24/15 MISCELLANEOUS ACTION ALL COUNTS ATT CAIN-TAYLOR COLEMAN 032415 81313A GERDS,CARL F. ,III REMOVED FROM CALENDAR !341415 aeeA GERDS,CARL F., III SCHEDULED FOR PRE-TRIAL SUBSTITUTION ATT FILED NOTICE TO APPEAR GENERATED ALL COUNTS B4/14/15 DROVE S/R/D 1 MISCELLANEOUS ACTION PROS ALBRIGHT,RICHARD S. REMOVED FROM CALENDAR B41415 8!38A GERDS,CARL F. ,III SCHEDULED FOR PRE-TRIAL !3S2915 8!38A GERDS,CARL F. ,III 1 NOTICE TO APPEAR GENERATED DROVE S/R/D B5/29/15 DROVE S/R/D 1 PRE-TRIAL HELD JDG GERDS,CARL F., III REDUCED CHARGE FAIL TO PLEAD GUILTY DISPOSED ON GUILTY PLEA CRIME VICTIM RIGHTS ASSESSMENT 75.!38 $ STATE COSTS - MISDEMEANOR/ORDINANCE 5e.el3 $ BLD2 1e.e13 $ COURT COST-LOCAL ORDINANCE CRIMINAL 142.SB $ ORDINANCE FINE & COSTS 142.58 $ SENTENCE MISCELLANEOUS ACTION FAIL TO SUPPLEMENTAL SENTENCING JAIL TERM 845D COMMITTED MACOMB COUNTY JAIL JUDGMENT OF SENTENCE GENERATED FAIL TO MONEY OR JAIL MONETARY TRANSACTION FAIL TO PAYMENT 42e.ee $ 1 CASH TENDERED P-241339 P-27221 CMB CMB CMB CMB CMB CMB CMB CMB CMB P-7531S KMH KMH KMH 82!3915 48226 P-27221 P-27221 KMH KMH KMH KMH CMB CMB CMB CMB CMB P-S6278 P-27221 P-27221 KEH KEH KEH KEH KEH KEH P-57B6!3 P-27221 P-27221 KEH KEH KEH KEH KEH P-27221 0164783 CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB ALJ ALJ ALJ : JIS CASE CLOSED 06/01/15 1 ABSTRACT GENERATED SEQ: 00024 ***** END OF REGISTER OF ACTIONS ***** 07/07/15 14:09 ALJ CMB I New Search II Name List II Go to Top I Disconnect I hftnc -1/r:::c.t"'llrcr. f"nl 1rfc mlf"hinon nn,,file/ontr\1 'l/"1 1/1/LU"I:J JIS Header Information jSTATE OF MICHIGAN j38TH JUDICIAL DISTRICTj IORI588065J I !PIN: 15-04376 I REGISTER OF ACTIONS CASE NO: 15EA81534A D01 OT X-REFERENCE #: 15-04376 STATUS: CLSD 05/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: WADE/JUSTICE/SHANNON 22454 MAPLE LN CLINTON TOWNSHIP MI 48835 VEH YR: 2086 VEH MAKE: SATU OFFICER: WOOD/ANDREW TCN: SID: ENTRY DATE: 83/10/15 OFFENSE DATE: 03/10/15 206 AM VEHICLE TYPE: PA VPN: MI EH54K 15 VIN: PAPER PLATE: !DEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: jVENUE: CITY OF EASTPOINTE Charges COUNT 1 C/M/F: M 3299 ORD#424.91 DROVE WHILE LICENSE SUSP / REV / DENIED ARRAIGNMENT DATE: 95/29/15 PLEA: PLEAD GUILTY PLEA DATE: 85/29/15 FINDINGS: DSP GLTY PL DISPOSITION DATE: 85/29/15 SENTENCING DATE: 05/29/15 FINE COST ST.COST CON MISC. REST TOT FINE TOT DUE 259.99 275.99 58.88 0.00 255.80 0.00 838.80 0.00 JAIL SENTENCE: 68 DAYS PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: BOND HISTORY: ACTION TYPE CHECK AMOUNT STAT CLRK RCPT DT NO. 5/15/15 D332691 5/15/15 19% DEPOSIT 598.80 CLSD MHH 5/29/15 BND APPLIED 95866 508.08 MHH Events ACTIONS, JUDGMENTS, CASE NOTES DATE 93/18/15 FILING DATE 03101S 1 ORIGINAL CHARGE DROVE S/R/D ORDINANCE FINE & COSTS SCHEDULED FOR ARRAIGNMENT 832415 800A GERDS,CARL F.,III ORDER FOR FINGERPRINTS GENERATED DROVE S/R/D 03/26/15 1 WARRANT NOTICE GENERATED DROVE S/R/D WARRANT GENERATED DROVE 5/R/D 03/27/15 httnc·//cOI"'III"'O ron1 1rft> rnirhin~n nnu/iic/ontru INITIALS P-27221 KMH KMH KMH KMH KMH JIS 1/1/LU"IO 1 PENALTY ADDED-ORDINANCE 03/31/15 1 MISCELLANEOUS ACTION SUPPLEMENTAL SENTENCING WARRANT FEE MISCELLANEOUS ACTION CASH/SURETY/10% CASH BOND SET 1 MOTION, AFFIDAVIT & BENCH DROVE S/R/D $ 25.ElEl $ $ 75.0a 75.00 $ see0.00 DROVE S/R/D DROVE S/R/D 033115 WARRANT GENERATED DROVE S/R/D CONTEMPT/FAIL TO APPEAR CONTEMPT/FOLLOWING REASONS FAC / OWLS / EXP PLATE / FTA ON COURTDATE 04/81/15 WARRANT ENTRY REQUESTED 40115 1847A SYSIDNO (28:) GENERATED BY LEIN 44861732 WARRANT ENTERED INTO LEIN 04/23/15 1 14 DAY NOTICE GENERATED DROVE S/R/D 05/11/15 1 DRIVERS LICENSE REINSTATEMENT FEE (50S) 25.00 $ DROVE S/R/D SOS FEE/JUROR COMPENSATION 2a.0e $ DROVE 5/R/D FAC/FCJ/FCPV NOTICE GENERATED DROVE S/R/D 05/15/15 MISCELLANEOUS ACTION ALL COUNTS SCHEDULED FOR ARRAIGNMENT 052915 808A GERDS,CARL F.,III 1 BAIL BOND GENERATED DROVE S/R/D WARRANT CANCELLATION REQUESTED 51515 1237P WARRANT CANCELLATION ACCEPTED 51515 1237P WARRANT CANCELED FROM LEIN 1 MONETARY TRANSACTION DROVE S/R/D saa.ee $ 18% DEPOSIT saa.0a $ BOND POSTED 1 CASH TENDERED as/2.9/15 DROVE S/R/D 1 ARRAIGNMENT HELD JDG GERDS,CARL F.,III PLEAD GUIL TV DISPOSED ON GUILTY PLEA 830.80 $ SENTENCE APPLY DEFTS BOND 1e.0e $ BLD2 2sa.0e $ ORDINANCE FINE & COSTS 2sa.0e $ COURT COST-LOCAL ORDINANCE CRIMINAL sa.00 $ STATE COSTS - MISDEMEANOR/ORDINANCE 75.0e CRIME VICTIM RIGHTS ASSESSMENT $ s0.00 $ BOND COSTS aGeD JAIL TERM COMMITIED MACOMB COUNTY JAIL JUDGMENT OF SENTENCE GENERATED DROVE S/R/D MONEY OR JAIL DROVE S/R/D PARTIAL PAYMENT MADE s0a.0e $ PAYMENT 1 OTHER PAYMENT TENDERED DROVE S/R/D MONETARY TRANSACTION 330.00 $ PAYMENT CWG CWG CWG CWG CWG cwG CWG CWG CWG CWG CWG CWG CWG CWG P-27221 MHH MHH MHH MHH D332601 P-27221 D3329B8 D333ea1 MHH MHH MHH MHH MHH MHH CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB MHH MHH MHH MHH MHH 1//ILUT::J JIS CASE CLOSED 52915 1019A 50S CLEARANCE REQUESTED FAC/FCJ/FCPV CLEARANCE PRINTED 52915 1019A SOS CLEARANCE ACCEPTED 52915 1019A 52915 1B19A CASH TENDERED 06/01/15 1 ABSTRACT GENERATED SEQ: 00033 ***** END OF REGISTER OF ACTIONS ***** 07/07/15 14:10 1 I New Search II Name List II Go to Top J hHne·/lcor-llrO rn••rfc rnirhln~n nnulile/onJr\1 Disconnect I MHH D3 D3 505 MHH CMB //1/LU.I:J JIS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! IORI500065J I I !PIN: 15-04376 REGISTER OF ACTIONS CASE NO: 15EA01534B D01 OJ X-REFERENCE #: 15-04376 STATUS: CLSD 05/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v WADE/JUSTICE/SHANNON 22454 MAPLE LN CLINTON TOWNSHIP MI 4803S VEH YR: 2006 VEH MAKE: SATU OFFICER: WOOD/ANDREW CTN: TCN: SID: ENTRY DATE: 03/10/15 OFFENSE DATE: 03/10/15 206 AM VEHICLE TYPE: PA VPN: MI EHS4K 15 VIN: PAPER PLATE: !DEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: jVENUE: CITY OF EASTPOINTE Charges COUNT 1 C/M/F: C 3511 ORD#424.01 EXPIRED PLATE PLEA: PLEA DATE: ARRAIGNMENT DATE: FINDINGS: DEFAULT JGMT DISPOSITION DATE: 03/27/15 SENTENCING DATE: 03/27/1S TOT FINE TOT DUE FINE COST ST.COST CON MISC. REST 60.00 73.00 40.00 0.00 ss.00 228.00 0.00 0.00 JAIL SENTENCE: 30 DAYS PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: Events DATE ACTIONS, JUDGMENTS, CASE NOTES 03/10/15 03101S FILING DATE EXP PLATE 1 ORIGINAL CHARGE 60.00 ORDINANCE FINE & COSTS $ STATE COSTS - TRAFFIC CIVIL INFRACTION 40.00 $ 10.00 BLD1 $ SCHEDULED FOR INFORMAL HEARING 032415 800A GERDS,CARL F.,III 03/27/15 1 DEFAULT JUDGMENT GENERATED EXP PLATE 35.00 PENALTY ADDED-ORDINANCE EXP PLATE $ 04/27/15 1 14 DAY NOTICE GENERATED EXP PLATE 05/11/15 '1ftnc·l/car.trro r-nltrlc:o rnirhin~n nnu/iic:o/ontr'\1 INITIALS KMH KMH KMH KMH KMH P-27221 KMH 1/? 1//ILU"IO JIS 1 DRIVERS LICENSE REINSTATEMENT FEE {SOS) 25.88 EXP PLATE $ SOS FEE/JUROR COMPENSATION 28.88 EXP PLATE $ FAC/FCJ/FCPV NOTICE GENERATED EXP PLATE 85/28/15 EXP PLATE 38.88 1 28% LATE PENALTY $ 85/29/15 1 HEARING HELD FOR CONTEMPT OF COURT EXP PLATE CMB P-27221 CMB JOG GERDS,CARL F.,III SUPPLEMENTAL SENTENCING CMB CMB PLEAD TO CONTEMPT I MONEY OR JAIL 8390 CMB JAIL TERM CMB COMMITTED CMB MACOMB COUNTY JAIL JUDGMENT OF SENTENCE GENERATED EXP PLATE CMB MONETARY TRANSACTION EXP PLATE MHH PAYMENT 0333888 MHH 228.88 $ CASE CLOSED MHH 1 SOS CLEARANCE REQUESTED 52915 1919A 03 FAC/FCJ/FCPV CLEARANCE PRINTED 52915 1919A D3 sos CLEARANCE ACCEPTED 52915 1819A sos ***** END OF REGISTER OF ACTIONS ***** 87/87/15 14:18 I New Search II Name Us! II Go to Top I I Disconnect I II 1/LU.l:J JIS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! I ORI500065J I I PIN: 15-84310 I REGISTER OF ACTIONS CASE NO: 15EA015108 D81 OT X-REFERENCE #: 15-84318 STATUS: CLSD 05/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: BROWN/ALICIA/5HAWNTA 28467 YONKA DETROIT MI 48234 VEH YR: 2808 VEH MAKE: PONT DEFENSE ATTORNEY ADDRESS MACHERZAK,MICHAEL F., 8300 HALL RD STE 204 UTICA MI 48317 OFFICER: BARR/MARK TCN: SID: ENTRY DATE: 83/09/15 OFFENSE DATE: 83/09/15 426 AM VEHICLE TYPE: PA VPN: MI DCE6987 15 VIN: PAPER PLATE: BAR NO. P-31172 APPOINTED Telephone No. (586) 206-4185 !DEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: !VENUE: CITY OF EASTPOINTE Charges COUNT 1 C/M/F: M 3280 ORD#424.01 ALLOWED PERSON TO DRIVE IN VIOLATION OF VEHICLE CODE REDUCED FROM ORD#424.01 COUNT 1 C/M/F: M 3209 DROVE WHILE LICENSE SUSP / REV I DENIED ARRAIGNMENT DATE: 04/03/15 PLEA: PLEAD GUILTY PLEA DATE: 04/24/15 FINDINGS: DSP GLTY PL DISPOSITION DATE: 04/24/15 SENTENCING DATE: 85/29/15 TOT FINE FINE COST ST.COST CON MISC. REST TOT DUE 0.00 285.08 535.00 100.00 100.00 59.00 0.00 0.00 PROBATION: JAIL SENTENCE: 30 DAYS NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: Events ACTIONS, JUDGMENTS, CASE NOTES DATE 83/09/15 030915 FILING DATE DROVE S/R/D 1 ORIGINAL CHARGE ORDINANCE FINE & COSTS SCHEDULED FOR ARRAIGNMENT 040315 888A GERDS,CARL F.,III ORDER FOR FINGERPRINTS GENERATED DROVE S/R/D hl~nc- •1/c-o,.,lro l"'nllrfe rnirhtn::.n nnunlc/.ontr\1 INITIALS P-27221 KMH KMH KMH KMH KMH 11'> JIS 04/83/15 DROVE 5/R/D 1 ARRAIGNMENT HELD JOG GERDS,CARL F.,III NOT GUILTY ENTERED BY COURT SCHEDULED FOR PRE-TRIAL 042415 800A GERDS,CARL F.,III PETITION FOR COURT APPOINTED ATTORNEY FILED APPOINT ATTORNEY 1 NOTICE TO APPEAR GENERATED DROVE 5/R/D PREV. 26051 REGENCY CLUB LN 5 ADDR: WARREN MI 48{:J89 MISCELLANEOUS ACTION ALL COUNTS ATT MACHERZAK,MICHAEL F NOTICE TO APPEAR GENERATED ALL COUNTS 04/24/15 1 PRE-TRIAL HELD DROVE S/R/D JOG GERDS,CARL F.,III REDUCED CHARGE ALLOW DRV VI PLEAD GUILTY DISPOSED ON GUILTY PLEA MISCELLANEOUS ACTION ALLOW DRV VI SCHEDULED FOR SENTENCING 050615 100P GERDS,CARL F.,III 1 NOTICE TO APPEAR GENERATED ALLOW DRV VI e5/06/15 ALL COUNTS PROCEEDING HELD SCHEDULED FOR SENTENCING 05291S 800A GERDS,CARL F.,III NOTICE TO APPEAR GENERATED ALL COUNTS 05/29/15 ALLOW DRV VI 1 SENTENCE HEARING HELD JOG GERDS,CARL F.,III 53S.e0 $ SUPPLEMENTAL SENTENCING 100.e0 $ ORDINANCE FINE & COSTS s0.e0 $ STATE COSTS - MISDEMEANOR/ORDINANCE 1e.00 $ BLD2 100.00 $ COURT COST-LOCAL ORDINANCE CRIMINAL 75.e0 $ CRIME VICTIM RIGHTS ASSESSMENT 20e.e0 $ ATTORNEY FEES 030D JAIL TERM COMMITTED MACOMB COUNTY JAIL SENTENCE JUDGMENT OF SENTENCE GENERATED ALLOW DRV VI MONEY OR JAIL ALLOW DRV VI MONETARY TRANSACTION 535.00 $ PAYMENT CASE CLOSED ***** END OF REGISTER OF ACTIONS ***** 07/07/15 14:04 ! New Search I! Name Ust II Go to Top I Disconnect I CMB CMB CMB P-27221 CMB CMB CMB P-27221 P-31172 CMB ALJ ALJ KMH KMH KMH P-27221 P-27221 CMB CMB CMB CMB CMB CMB CMB CMB P-27221 CMB CMB CMB P-27221 0332995 CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB MHH MHH MHH II 1/LU"IO JIS Header Information jSTATE OF MICHIGAN j3BTH JUDICIAL DISTRICT! jORIS8886SJ I !PIN: 14-8882213 I REGISTER OF ACTIONS CASE NO: 14EA88888A D81 OT X-REFERENCE #: 14-8882213 STATUS: CLSD 8S/29/1S JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: EVANS/VANESIA/LANETTE-DANIELLE 2832 COOPER DETROIT MI ·48213 VEH YR: 2881 VEH MAKE: OFFICER: MENZER/JEFFREY TCN: SID: ENTRY DATE: 82/83/14 OFFENSE DATE: 82/82/14 S56 AM VEHICLE TYPE: PA VPN: MI DAA9688 14 VIN: PAPER PLATE: jDEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: jVENUE: CITY OF EASTPOINTE Charges ORD#424.81 COUNT 1 C/M/F: M 3888 FAIL TO DISPLAY A VALID LICENSE ARRAIGNMENT DATE: PLEA: PLEAD GUILTY PLEA DATE: 8S/29/1S FINDINGS: DSP GLTY PL DISPOSITION DATE: 8S/29/1S SENTENCING DATE: 8S/29/1S TOT FINE FINE COST ST. COST CON MISC. REST TOT DUE e.88 28S.88 188.88 2S.88 58.88 8.88 388.88 8.88 PROBATION: JAIL SENTENCE: 68 DAYS NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: BOND HISTORY: BOND POSTED 2,388.88 SURETY Events ACTIONS, JUDGMENTS, CASE NOTES DATE 82/82/14 FAIL TO DISP 1 ORIGINAL CHARGE 188.88 ORDINANCE FINE & COSTS $ 18.88 BLD2 $ sa.88 STATE COSTS - MISDEMEANOR/ORDINANCE $ 75.88 CRIME VICTIM RIGHTS ASSESSMENT $ SCHEDULED FOR ARRAIGNMENT/PRE-TRIAL 828714 888A GERDS,CARL F., III 82/83/14 028314 FILING DATE NOTICE TO APPEAR GENERATED ALL COUNTS 82/18/14 hltnc·l/cOI"IIr.o l"'nllr!c ....,.,irhinan nnulilc/cntr\1 INITIALS TLW TLW TLW TLW TLW P-27221 TLW TLW TLW 1/'l f/1/L.U"IO JIS 1 WARRANT NOTICE GENERATED WARRANT GENERATED PENALTY ADDED-ORDINANCE 132/13/14 MISCELLANEOUS ACTION LETTER RETURNED-UNABLE TO 132/18/14 MISCELLANEOUS ACTION SUPPLEMENTAL SENTENCING WARRANT FEE MISCELLANEOUS ACTION CASH/SURETY/113% CASH BOND SET 1 MOTION, AFFIDAVIT & BENCH FAIL TO DISP FAIL TO DISP FAIL TO DISP $ 25.1313 CWG CWG ALL COUNTS DELIVER ALL COUNTS $ 75.1313 75.1313 $ 921313.1313 $ ALL COUNTS 1321814 WARRANT GENERATED FAIL TO DISP CONTEMPT/FAIL TO APPEAR CONTEMPT/FOLLOWING REASONS FAC / FAIL TO DSPLY VAL LIC I NO PRF INS / DEF EQUIP / FTA ON COURTDAlE 02/2B/14 WARRANT ENTRY REQUESTED 221314 213P WARRANT REJECTED BY MSP, NOT ENTERED INTO LEIN 221314 213P WARRANT ENTRY REQUESTED 221314 243P WARRANT REJECTED BY MSP, NOT ENTERED INTO LEIN 221314 243P WARRANT ENTRY REQUESTED 221314 244P SYSIDNO (2B:) GENERATED BY LEIN 44165418 WARRANT ENTERED INTO LEIN 133/113/14 1 14 DAY NOTICE GENERATED FAIL TO DISP 133/25/14 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) FAIL TO DISP 25.1313 $ 505 FEE/JUROR COMPENSATION FAIL TO DISP 213.BB $ FAC/FCJ/FCPV NOTICE GENERATED FAIL TO DISP 134/137/14 MISCELLANEOUS ACTION ALL COUNTS POSTCARD RETURNED AS UNDELIVERABLE 135/135/15 MISCELLANEOUS ACTION ALL COUNTS WARRANT CANCELED FROM LEIN 135/136/15 1 WARRANT NOTICE GENERATED FAIL TO DISP 05/88/15 MISCELLANEOUS ACTION ALL COUNTS SCHEDULED FOR ARRAIGNMENT/PRE-TRIAL 052915 81313A GERDS,CARL F.,III P-27221 SURETY BOND POSTED $ 2300.1313 050415 SURETY BOND POSTED ALWAYS QUICK BAIL BONDS PO BOX 616 EASTPOINTE,MI NOTICE TO APPEAR GENERATED ALL COUNTS 135/29/15 HEARING HELD FOR CONTEMPT OF COURT ALL COUNTS JOG GERDS,CARL F.,III P-27221 PLEAD GUILTY DISPOSED ON GUILTY PLEA SENTENCE 380.1313 $ PLEAD TO CONTEMPT JAIL TERM 06130 CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG KMH KMH KMH KMH KMH KMH CMB CMB CMB CMB CMB CMB CMB 111/L-U"l';J JIS CMB COMMITTED CMB MACOMB COUNTY JAIL 1 JUDGMENT OF SENTENCE GENERATED CMB FAIL TO DISP CMB MONEY OR JAIL MHH FAIL TO DISP MONETARY TRANSACTION 3813.1313 D332997 MHH PAYMENT $ MHH CASE CLOSED D3 52915 11317A 1 SOS CLEARANCE REQUESTED FAC/FCJ/FCPV CLEARANCE PRINTED 52915 11317A D3 sos SOS CLEARANCE ACCEPTED 52915 Hl17A 136/131/15 CMB 1 ABSTRACT GENERATED SEQ: 13131322 ***** END OF REGISTER OF ACTIONS ***** 137/137/15 14:137 I New Search II Name Ust II Go to Top I Disconnect I httnc•/Jct::l.f"'llrc l""nttrlc rnirhinon nnunic/ontru 1//ILU"IO JIS Header Information !STATE OF MICHIGAN I38TH JUDICIAL DISTRICT! IORI500B65J I IPIN: 14-0002213 I REGISTER OF ACTIONS CASE NO: 14EA088888 D81 OI X-REFERENCE #: 14-0002213 STATUS: CLSD 85/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: TCN: SID: ENTRY DATE: 82/83/14 OFFENSE DATE: 02/82/14 556 AM VEHICLE TYPE: PA VPN: MI DAA9608 14 VIN: PAPER PLATE: IDEPT: EASTPOINTE POLICE DEPARTM EVANS/VANESIA/LANETTE-DANIELLE 2832 COOPER MI 48213 DETROIT VEH YR: 2081 VEH MAKE: OFFICER: MENZER/JEFFREY I I PROSECUTOR: !VENUE: CITY OF EASTPOINTE Charges COUNT 1 C/M/F: C 3188 ORDit424.01 NO PROOF OF INSURANCE PLEA: PLEA DATE: ARRAIGNMENT DATE: FINDINGS: DEFAULT JGMT DISPOSITION DATE: 82/10/14 SENTENCING DATE: 82/18/14 CON MISC. FINE COST ST.COST REST TOT FINE TOT DUE 0.00 50.80 6S.08 48.88 0.00 248.88 8.00 85.80 PROBATION: JAIL SENTENCE: 60 DAYS VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: Events ACTIONS, JUDGMENTS, CASE NOTES DATE 02/02/14 NO PROOF INS 1 ORIGINAL CHARGE 85.88 ORDINANCE FINE & COSTS $ STATE COSTS - TRAFFIC CIVIL INFRACTION 40.88 $ 5.80 BLD1 $ SCHEDULED FOR INFORMAL HEARING 020714 800A GERDS,CARL F.,III 02/83/14 820314 FILING DATE 02/10/14 1 DEFAULT JUDGMENT GENERATED NO PROOF INS 25.80 PENALTY ADDED-ORDINANCE NO PROOF INS $ 02/12/14 1 DEFAULT ABSTRACT GENERATED .,ftno-•1/cO/"IU"t:l rn••rfc mirhln~n nnuliic/.ontru INITIALS TLW TLW TLW TLW P-27221 TLW TLW 1/'J 1///LU"I::J )IS SEQ: 000en 03/11/14 1 14 DAY NOTICE GENERATED NO PROOF INS 83/25/14 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) 25.80 NO PROOF INS $ 505 FEE/JUROR COMPENSATION 28.88 NO PROOF INS $ FAC/FCJ/FCPV NOTICE GENERATED NO PROOF INS 04/87/14 48.88 NO PROOF INS $ 1 20% LATE PENALTY 85/08/15 KMH ALL COUNTS MISCELLANEOUS ACTION SCHEDULED FOR CONTEMPT HEARING P-27221 KMH 8S2915 800A GERDS,CARL F.,III NOTICE TO APPEAR GENERATED KMH ALL COUNTS 85/29/15 HEARING HELD FOR CONTEMPT OF COURT CMB ALL COUNTS P-27221 CMB JDG GERDS,CARL F.,III CMB SUPPLEMENTAL SENTENCING CMB PLEAD TO CONTEMPT / MONEY OR JAIL CMB JAIL TERM 0680 CMB COMMITTED CMB MACOMB COUNTY JAIL 1 JUDGMENT OF SENTENCE GENERATED CMB NO PROOF INS NO PROOF INS MONETARY TRANSACTION MHH D332998 MHH PAYMENT 248.88 $ CASE CLOSED MHH 1 SOS CLEARANCE REQUESTED 52915 1017A D3 FAC/FCJ/FCPV CLEARANCE PRINTED D3 52915 1017A SOS CLEARANCE ACCEPTED 52915 1017A 505 ***** END OF REGISTER OF ACTIONS ***** 87/87/15 14:87 I New Search II Name List II Go to Top I Disconnect I IIIILU'IO JIS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! IORI500865J I !PIN: 14-0002213 I REGISTER OF ACTIONS CASE NO: 14EA00880C D01 OI X-REFERENCE #; 14-0002213 STATUS: CLSD 05/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: TCN: SID: ENTRY DATE: 02/03/14 OFFENSE DATE: 02/02/14 556 AM VEHICLE TYPE: PA VPN: MI DAA9608 14 VIN: PAPER PLATE: !DEPT: EASTPOINTE POLICE DEPARTM EVANS/VANESIA/LANETTE-DANIELLE 2032 COOPER MI 48213 DETROIT VEH YR: 2001 VEH MAKE: OFFICER: MENZER/JEFFREY I I PROSECUTOR: !VENUE: CITY OF EASTPOINTE Charges COUNT ORDit424.81 1 C/M/F: C 3488 DEFECTIVE EQUIPMENT PLEA: PLEA DATE: ARRAIGNMENT DATE: FINDINGS: DEFAULT JGMT DISPOSITION DATE: 02/18/14 SENTENCING DATE: 82/10/14 COST ST.COST CON MISC. FINE REST TOT FINE TOT DUE 75.00 63.00 40.80 0.00 50.00 0.00 228.80 0.00 JAIL SENTENCE: 60 DAYS PROBATION: NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: Events ACTIONS, JUDGMENTS, CASE NOTES DATE 02/02/14 DEFECT EQUIP 1 ORIGINAL CHARGE 75.00 ORDINANCE FINE & COSTS $ 40.80 STATE COSTS - TRAFFIC CIVIL INFRACTION $ s.00 $ BLD1 SCHEDULED FOR INFORMAL HEARING 028714 808A GERDS,CARL F.,III 02./83/14 828314 FILING DATE 02./10/14 1 DEFAULT JUDGMENT GENERATED DEFECT EQUIP 2s.00 PENALTY ADDED-ORDINANCE DEFECT EQUIP $ 03/11/14 1 14 DAY NOTICE GENERATED DEFECT EQUIP Hn~·//ct:U"'IIro r"'f"lllrie rni,..hln~n nntlfllc/ontrtJ INITIALS TLW TLW TLW TLW P-27221 TLW TLW 1rJ ]IS t1 flc-V"I::l 03/25/14 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS} 25.00 DEFECT EQUIP $ SOS FEE/JUROR COMPENSATION 20.ee DEFECT EQUIP $ FAC/FCJ/FCPV NOTICE GENERATED DEFECT EQUIP 04/07/14 3B.ee 1 28% LATE PENALTY DEFECT EQUIP $ 05/08/15 MISCELLANEOUS ACTION ALL COUNTS KMH SCHEDULED FOR CONTEMPT HEARING 852915 B00A GERDS,CARL F.,III P-2722.1 KMH NOTICE TO APPEAR GENERATED ALL COUNTS KMH 05/29/15 HEARING HELD FOR CONTEMPT OF COURT ALL COUNTS CMB JOG GERDS, CARL F., III ' P-272.2.1 CMB SUPPLEMENTAL SENTENCING CMB PLEAD TO CONTEMPT / MONEY OR JAIL CMB JAIL TERM 06130 CMB COMMIITED CMB MACOMB COUNTY JAIL CMB 1 JUDGMENT OF SENTENCE GENERATED DEFECT EQUIP CMB MONETARY TRANSACTION DEFECT EQUIP MHH PAYMENT ns.e0 0332999 MHH $ CASE CLOSED MHH 1 SOS CLEARANCE REQUESTED 52915 1017A 03 FAC/FCJ/FCPV CLEARANCE PRINTED 52915 1017A 03 CASH TENDERED 52915 1017A MHH SOS CLEARANCE ACCEPTED 52915 1017A sos 06/10/15 MISCELLANEOUS ACTION ALL COUNTS CWG LETTER RETURNED-UNABLE TO DELIVER CWG ***** END OF REGISTER OF ACTIONS ***** 87/87/15 14:87 New Search Name Ust Go to Top I II II I Disconnect J fltJ!LU"IO JIS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! IORIS0006SJ I !PIN: 12-3608 I REGISTER OF ACTIONS CASE NO: 12EA01240A 001 OI X-REFERENCE #: 12-3608 STATUS: CLSD 0S/29/1S JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v ADAMS/DELON/MARTEZ 14118 TROESTER ST MI 4828S DETROIT VEH MAKE: CADI VEH YR: 2888 DEFENSE ATTORNEY ADDRESS DENNIS,MICHAEL J., 28225 MOUND RD WARREN MI 48092 OFFICER: MCNEIL/ROBERT CTN: TCN: SID: ENTRY DATE: 82/28/12 OFFENSE DATE: 82/2S/12 681 PM VEHICLE TYPE: PA VPN: MI CCW3233 11 VIN: PAPER PLATE: BAR NO. P-35279 APPOINTED Telephone No. (586) 751-3908 !DEPT: EASTPOINTE POLICE DEPARTM I PROSECUTOR: BROWN,CALVIN C., I P-6172S !VENUE: CITY OF EASTPOINTE Charges ORD#424.61 COUNT 1 C/M/F: C 3108 NO PROOF OF INSURANCE PLEA DATE: 83/87/12 ARRAIGNMENT DATE: PLEA: ADMIT RESPON FINDINGS: JDGMNT RNDRD DISPOSITION DATE: 83/87/12 SENTENCING DATE: 83/87/12 TOT DUE FINE COST ST. COST CON MISC. REST TOT FINE 0.0e 0.0e 0.00 58.88 218.813 85.00 35.08 48.88 PROBATION: JAIL SENTENCE: 60 DAYS NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: BOND HISTORY: 3,488.80 CASH/SURETV/18% CASH BOND SET Events ACTIONS, JUDGMENTS, CASE NOTES DATE 82/2S/12 NO PROOF INS 1 ORIGINAL CHARGE 85.013 ORDINANCE FINE & COSTS $ 48.80 STATE COSTS - TRAFFIC CIVIL INFRACTION $ s.0e $ BLDl SCHEDULED FOR INFORMAL HEARING 838712 100P GERDS,CARL F.,III 82/28/12 822812 FILING DATE Tftne!•I/C!OI"'IIro t"'n11rtco ,...,j,-.hin<::Jn nn\,nlc/ontnl INITIALS CMB CMB CMB CMB P-27221 CMB CMB 1/'> f/tl!LU.IO ]IS 03/07/12 ALL COUNTS MISCELLANEOUS ACTION PROS BROWN,CALVIN C., ALL COUNTS MISCELLANEOUS ACTION JOG GERDS,CARL F.,III ADMIT RESPONSIBILITY JUDGMENT RENDERED 130.00 SENTENCE $ NO OFFER FROM CA NO PROOF INS 1 PROCEEDING HELD RESPONSIBLE TO NO PROOF INS 03/08/12 1 ABSTRACT GENERATED SEQ: 08081 133/09/12 1 MISCELLANEOUS ACTION NO PROOF INS SUPPLEMENTAL SENTENCING 75.88 $ WARRANT FEE 75.88 $ MISCELLANEOUS ACTION NO PROOF INS CASH/SURETY/10% CASH BOND SET $ 3400.88 1 MOTION, AFFIDAVIT & BENCH WARRANT GENERATED NO PROOF INS FAC/ NO PROOF INS / NO REG / EXP LIC I DROVE WHILE LIC EXP 133/12/12 MISCELLANEOUS ACTION ALL COUNTS SUPPLEMENTAL SENTENCING 75.88$ WARRANT ENTERED IN ERROR WARRANT FEE 75.00$ 04/09/12 1 14 DAY NOTICE GENERATED NO PROOF INS 134/23/12 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) NO PROOF INS 25.813 $ SOS FEE/JUROR COMPENSATION NO PROOF INS 20.88 $ FAC/FCJ/FCPV NOTICE GENERATED NO PROOF INS 85/03/12 1 20% LATE PENALTY NO PROOF INS 35.80 $ 04/30/15 ARRAIGNMENT ON BENCH WARRANT HELD ALL COUNTS JOG GERDS,CARL F.,III SCHEDULED FOR CONTEMPT HEARING 051315 108P GERDS,CARL F.,III 85/04/15 MISCELLANEOUS ACTION ALL COUNTS ATT DENNIS,MICHAEL J., 135/13/15 1 HEARING HELD FOR CONTEMPT OF COURT NO PROOF INS JOG GERDS,CARL F.,III SCHEDULED FOR SENTENCING 052915 8130A GERDS,CARL F.,III PLEAD TO CONTEMPT 135/29/15 1 HEARING HELD FOR CONTEMPT OF COURT NO PROOF INS JOG GERDS,CARL F.,III SUPPLEMENTAL SENTENCING PLEAD TO CONTEMPT / MONEY OR JAIL JAIL TERM 0600 COMMITTED MACOMB COUNTY JAIL JUDGMENT OF SENTENCE GENERATED P-61725 P-27221 PB PB PB PB PB PB PB PB PB PB PB 030912 CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG CWG P-27221 CMB CMB P-27221 CMB P-35279 KMH KMH P-27221 P-27221 P-27221 CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB f/tl/LU"IO JIS NO PROOF INS CMB MONETARY TRANSACTION NO PROOF INS ALJ 14347212 ALJ PAYMENT 219.00 D164793 ALJ $ CASE CLOSED ALJ 1 SOS CLEARANCE REQUESTED 52915 1944A Dl FAC/FCJ/FCPV CLEARANCE PRINTED 52915 1044A Dl SOS CLEARANCE ACCEPTED 52915 1044A sos ***** END OF REGISTER OF ACTIONS ***** 97/98/15 10:93 I New Search IJ Name List 1/ Go to Top I Disconnect I hHnc•//ct::Jr'ttr.c Pnttrfo r-ni,..hirr!ln nnu/itc/cntru f/tl/LU.I:J JIS Header Information !STATE OF MICHIGAN !38TH JUDICIAL DISTRICT! I jORI588865J !PIN: 12-3688 I REGISTER OF ACTIONS CASE NO: 12EA81248D 081 OT X-REFERENCE #: 12-3688 STATUS: CLSD 85/29/15 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v ADAMS/DELON/MARTEZ 14118 TROESTER ST DETROIT MI 4828S VEH YR: 2888 VEH MAKE: CADI DEFENSE ATTORNEY ADDRESS DENNIS,MICHAEL J., 2822S MOUND RD WARREN MI 48892 OFFICER: MCNEIL/ROBERT CTN: TCN: SID: ENTRY DATE: 82/28/12 OFFENSE DATE: 82/25/12 681 PM VEHICLE TYPE: PA VPN: MI CCW3233 11 VIN: PAPER PLATE: BAR NO. APPOINTED P-3S279 Telephone No. (S86) 751-3988 !DEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: 8ROWN,CALVIN C., P-6172S jVENUE: CITY OF EASTPOINTE Charges ORD#424.81 COUNT 1 C/M/F: M 3228 DROVE WHILE LICENSE EXPIRED ARRAIGNMENT DATE: 83/87/12 PLEA: PLEAD GUILTY PLEA DATE: 83/87/12 FINDINGS: DSP GLTY PL DISPOSITION DATE: 83/87/12 SENTENCING DATE: 83/87/12 FINE COST ST. COST CON MISC. REST TOT FINE TOT DUE 112.88 58.88 48.88 0.00 165.88 0.00 383.88 0.00 JAIL SENTENCE: 68 DAYS PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: BOND HISTORY: ACTION TYPE CHECK AMOUNT STAT CLRK RCPT DT NO. 5/81/15 18% DEPOSIT 358.88 CLSD ALJ 5/81/15 0163987 3RD PTV DEPOSITOR: ADAMS/VALERIE/ 5/29/15 BND REFUNDED 9S86S 3S8.88 ALJ Events ACTIONS, JUDGMENTS, CASE NOTES DATE 82/25/12 DROVE LIC EX 1 ORIGINAL CHARGE 112.88 ORDINANCE FINE & COSTS $ 48.88 STATE COSTS - SIMPLE MISD/ORDINANCE VIOL $ 18.88 BLD2 $ SCHEDULED FOR ARRAIGNMENT/PRE-TRIAL hltnc ·//cOJ"IIro T'nt •ric n-Jl,..hin!:Jn nrntliic/c.ntru INITIALS CMB CMB CMB CMB 11"' 1/tl/LU.IO )IS P-27221 CMB 030712 100P GERDS,CARL F.,III 02/28/12 CMB 022812 FILING DATE 03/07/12 ARRAIGNMENT/PRE-TRIAL HELD PB ALL COUNTS P-27221 PB JOG GERDS,CARL F.,III PB PLEAD GUILTY PB DISPOSED ON GUILTY PLEA PB SENTENCE PB ALL COUNTS MISCELLANEOUS ACTION P-61725 PB PROS BROWN,CALVIN C., 03/08/12 PB 1 ABSTRACT GENERATED SEQ: 08002 03/13/12 CWG 1 MISCELLANEOUS ACTION DROVE LIC EX CWG SUPPLEMENTAL SENTENCING 75.08 $ WARRANT FEE 75.08 CWG $ MISCELLANEOUS ACTION ·DROVE LIC EX CWG CWG CASH/SURETY/10% CASH BOND SET $ 5700.@0 El31312 CWG 1 MOTION, AFFIDAVIT & BENCH WARRANT GENERATED DROVE LIC EX CWG CONTEMPT/FAIL TO APPEAR CWG CONTEMPT/FOLLOWING REASONS CWG CWG FAC / NO PRF INS / DWLE / FTA ON 3/ 7/12 CWG El3/14/12 WARRANT ENTRY REQUESTED 31412 829A WFL SYSIDNO (28:) GENERATED BY LEIN 42907@39 WFL WARRANT ENTERED INTO LEIN WFL 04/El9/12 1 14 DAY NOTICE GENERATED DROVE LIC EX @4/23/12 1 DRIVERS LICENSE REINSTATEMENT FEE (SOS) DROVE LIC EX 25.00 $ SOS FEE/JUROR COMPENSATION DROVE LIC EX 20.08 $ FAC/FCJ/FCPV NOTICE GENERATED DROVE LIC EX 05/@3/12. 1 28% LATE PENALTY DROVE LIC EX 58.00 $ @4/30/15 MISCELLANEOUS ACTION ALL COUNTS KMV WARRANT CANCELED FROM LEIN KMV ARRAIGNMENT ON BENCH WARRANT HELD ALL COUNTS CMB JOG GERDS,CARL F.,III P-27221 CMB SCHEDULED FOR CONTEMPT HEARING 851315 100P GERDS,CARL F.,III P-27221 CMB CASH/SURETY/10% CASH CMB BOND SET $ 3500.@8 CMB PETITION FOR COURT APPOINTED ATTORNEY FILED CMB APPOINT ATTORNEY CMB 1 PRETRIAL RELEASE/CUSTODY GENERATED-IN CUSTODY DROVE LIC EX CMB 05/81/15 1 MONETARY TRANSACTION DROVE LIC EX ALJ 10% DEPOSIT $ 358.8El ALJ BOND POSTED 358.El0 0163987 ALJ $ 1 CASH TENDERED ALJ El5/04/15 MISCELLANEOUS ACTION ALL COUNTS KMH ATT DENNIS,MICHAEL J., P-35279 KMH JIS NOTICE TO APPEAR GENERATED ALL COUNTS KMH 135/13/15 1 HEARING HELD FOR CONTEMPT OF COURT DROVE LIC EX CMB JOG GERDS,CARL F.,III P-27221 CMB SCHEDULED FOR SENTENCING 1352915 81313A GERDS,CARL F.,III P-27221 CMB PLEAD TO CONTEMPT CMB 135/29/15 1 HEARING HELD FOR CONTEMPT OF COURT DROVE LIC EX CMB P-27221 CMB JOG GERDS,CARL F.,III SUPPLEMENTAL SENTENCING CMB PLEAD TO CONTEMPT I MONEY OR JAIL CMB THIRD PARTY TO SIGN OVER BOND CMB 136130 JAIL TERM CMB COMMITTED CMB MACOMB COUNTY JAIL CMB MISCELLANEOUS ACTION DROVE LIC EX CMB SUPPLEMENTAL SENTENCING 35.13e CMB $ 35.1313 BOND COSTS CMB $ JUDGMENT OF SENTENCE GENERATED DROVE LIC EX CMB DROVE LIC EX MONETARY TRANSACTION ALJ 14347212 ALJ PAYMENT 383.1313 D164794 ALJ $ CASE CLOSED ALJ 1 SOS CLEARANCE REQUESTED S2915 1844A D1 FAC/FCJ/FCPV CLEARANCE PRINTED 52915 11344A D1 CREDIT CARD TENDERED 52915 11344A ALJ SOS CLEARANCE ACCEPTED 52915 11344A sos ***** END OF REGISTER OF ACTIONS ***** 137/138/15 113:132 I New Search II Name Ust Jl Go to Top I Disconnect I fl 1/LU'i~ JIS Header Information jSTATE OF MICHIGAN j38TH JUDICIAL DISTRICT! IORI588865J I I !PIN: 15-85678 REGISTER OF ACTIONS CASE NO:. 15EA81999B D81 OT X-REFERENCE #: 15-85678 STATUS: CLSD 86129115 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: KNIGHTICHONTAEIMICHELLE 31328 SCHOENHERR RD APT 1 WARREN MI 48888 VEH YR: 2888 VEH MAKE: CHEV DEFENSE ATTORNEY ADDRESS MACHERZAK,MICHAEL F., 8388 HALL RD STE 284 UTICA MI 48317 OFFICER: PIROIJ TCN: F315886888M SID: ENTRY DATE: 83138115 OFFENSE DATE: 83127115 927 PM VEHICLE TYPE: PA VPN: MI DCF2197 14 VIN: PAPER PLATE: BAR NO. APPOINTED P-31172 Telephone No. (586) 286-418S jDEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: !VENUE: CITY OF EASTPOINTE Charges ORD#424.81 COUNT 1 CIMIF: M 3288 DROVE WHILE LICENSE SUSP I REV I DENIED ARRAIGNMENT DATE: 84I22I1S PLEA: PLEAD GUILTY PLEA DATE: 8SI28I15 FINDINGS: DSP GLTY PL DISPOSITION DATE: 85128115 SENTENCING DATE: 86129/15 REST TOT FINE TOT DUE COST ST.COST CON MISC. FINE 8.ee 78S.El8 e.8e 25€1.88 sa.0e e.0e 235.88 258.88 JAIL SENTENCE: 68 DAYS PROBATION: NUMBER OF DAYS: VEH FORFEITURE: VEH IMMOB START DATE: BOND HISTORY: BOND POSTED 588.813 SURETY Events ACTIONS, JUDGMENTS, CASE NOTES DATE 83/27/15 DROVE SIR/D 1 ORIGINAL CHARGE ORDINANCE FINE & COSTS SCHEDULED FOR ARRAIGNMENT 842215 1138P GERDS,CARL F.,III 133/313/15 833815 FILING DATE TCN ADDED NOTICE TO APPEAR GENERATED 1Hn~·//co,..11ra rru 1ric;o mirhin~n nnu/ifcdcntru INITIALS P-27221 KMH KMH KMH KMH KMH 1/? 111/LUT:J JIS ALL COUNTS 83/31/15 ALL COUNTS MISCELLANEOUS ACTION SURETY BOND POSTED SURETY POSTED YOU WALK BAIL BONDS 1442 84/22/15 DROVE S/R/D 1 ARRAIGNMENT HELD JOG GERDS,CARL F.,III NOT GUILTY ENTERED BY COURT SCHEDULED FOR PRE-TRIAL 852815 188P 1 NOTICE TO APPEAR GENERATED DROVE S/R/D 04/23/15 ALL COUNTS MISCELLANEOUS ACTION ATT MACHERZAK,MICHAEL F NOTICE TO APPEAR GENERATED ALL COUNTS 85/28/15 ALL COUNTS PRE-TRIAL HELD JOG GERDS,CARL F.,III PLEAD GUILTY DISPOSED ON GUILTY PLEA MISCELLANEOUS ACTION ALL COUNTS SCHEDULED FOR SENTENCING 062915 188P NOTICE TO APPEAR GENERATED ALL COUNTS 85/21/15 1 ABSTRACT GENERATED SEQ: 0ee24 86/29/15 1 SENTENCE HEARING HELD DROVE S/R/D JOG GERDS,CARL F.,III SUPPLEMENTAL SENTENCING ORDINANCE FINE & COSTS STATE COSTS - MISDEMEANOR/ORDINANCE BLD2 COURT COST-LOCAL ORDINANCE CRIMINAL CRIME VICTIM RIGHTS ASSESSMENT ATTORNEY FEES JAIL TERM COMMITTED MACOMB COUNTY JAIL SENTENCE JUDGMENT OF SENTENCE GENERATED DROVE 5/R/D MONEY OR JAIL MONETARY TRANSACTION DROVE S/R/D PAYMENT 1 CASH TENDERED CASE CLOSED ***** END OF REGISTER OF ACTIONS KMH 832815 $ 588.88 BRUSH ST DETROIT, MI 48226 P-27221 GERDS,CARL F.,III P-27221 KMH KMH KMH KMH CMB CMB CMB CMB CMB P-31172 KMH KMH KMH P-27221 GERDS,CARL F.,III P-27221 CMB CMB CMB CMB CMB CMB CMB CMB P-27221 $ $ $ $ $ $ $ 78s.ee 2se.0e se.ee 1e.ee 2se.ee 7s.ee 1s0.ee 8680 $ 785.88 ***** 07/87/15 15:33 .I New Search /I Name Ust II Go to Top I Disconnect. I 0334848 CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB CMB MHH MHH MHH MHH jis 6129/2015 ~ase #:I14EA0462BA1Case Type:pMICase Status:! DISPj Header lnfoOTlation jSTATE OF MICHIGAN j38TH JUDICIAL DISTRICTj JORI5BBB65J I jPIN: 14-13159 I REGISTER OF ACTIONS CASE NO: 14EAB4628A DBl OM X-REFERENCE #: 14-13159 STATUS: DISP P-27221 P-27221 JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III Party lnfoOTlation CITY OF EASTPOINTE v ANDERSON/DONNA/ELAINE 21785 REIN EASTPOINTE MI 48B21 VEH YR: VEH MAKE: DEFENSE ATTORNEY ADDRESS IRONS,ANDREA, 3877B GARFIELD RD STE 1BB CLINTON TOWNSHIP MI 48838 OFFICER: CARY/REGINA CTN: TCN: SID: ENTRY DATE: 86/26/14 OFFENSE DATE: 86/26/14 1B49 AM VEHICLE TYPE: VPN: VIN: PAPER PLATE: BAR NO. P-71825 APPOINTED Telephone No. (586) 469-48BB jDEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: ALBRIGHT,RICHARD S. P-57B6B jVENUE: CITY OF EASTPOINTE Charges COUNT 1 C/M/F: M Ble4 ORD#61B.B9 NO DOG LICENSE ARRAIGNMENT DATE: PLEA: PLEAD GUILTY PLEA DATE: 84/15/15 FINDINGS: DSP GLTY PL DISPOSITION DATE: 84/15/15 SENTENCING DATE: 84/15/15 FINE COST ST.COST CON MISC. REST TOT FINE TOT DUE 3B.BB 25.ee e.ee 169.ae 5e.ee e.ee 274.BB 265.BB JAIL SENTENCE: PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: BOND HISTORY: BOND POSTED 625.BB SURETY Events DATE ACTIONS, JUDGMENTS, CASE NOTES 86/26/14 FILING DATE e62614 1 ORIGINAL CHARGE NO DOG LIC ORDINANCE FINE & COSTS 3e.ee $ BLD2 1e.ee $ STATE COSTS - MISDEMEANOR/ORDINANCE 5e.ee $ CRIME VICTIM RIGHTS ASSESSMENT 75.ee $ SCHEDULED FOR ARRAIGNMENT/PRE-TRIAL 871514 BBBA GERDS,CARL F.,III INITIALS KMH KMH KMH KMH KMH KMH P-27221 KMH 612912015 jis 07/15/14 KEH 1 MISCELLANEOUS ACTION NO DOG LIC PROS AlBRIGHT,RICHARD 5. P-57060 KEH REMOVED FROM CALENDAR 071514 800A GERDS,CARL F.,III P-27221 KEH SCHEDUlED FOR PRE-TRIAL 082214 808A GERDS,CARL F.,III P-27221 KEH 1 NOTICE TO APPEAR GENERATED KEH NO DOG LIC 87/31/14 ALJ MISCELLANEOUS ACTION ALL COUNTS REMOVED FROM CALENDAR 882214 800A GERDS,CARL F.,III P-27221 ALJ P-27221 ALJ SCHEDULED FOR PRE-TRIAL 091614 808A GEROS,CARL F.,III OFFR REQ ALJ NOTICE TO APPEAR GENERATED ALL COUNTS ALJ 89/17/14 MISCELLANEOUS ACTION ALL COUNTS CWG CWG SUPPLEMENTAL SENTENCING 75.88 $ WARRANT FEE CWG 75.88 $ CWG MISCELLANEOUS ACTION ALL COUNTS CASH/SURETY/18% CASH CWG CWG BOND SET 6388.88 891714 $ CWG COLLECTION POSTED ON DOOR ENDS 11/17/2814 CWG 1 MOTION, AFFIDAVIT & BENCH WARRANT GENERATED NO DOG LIC CWG CONTEMPT/FAIL TO APPEAR CWG CONTEMPT/FOLLOWING REASONS CWG FAC / NO DOG LIC / NO DOG LIC / CWG FTA ON COURTDATE CWG 89/18/14 1 WARRANT NOTICE GENERATED NO DOG LIC WARRANT GENERATED NO DOG LIC WARRANT ENTRY REQUESTED 91814 B48A CWG SYSIDNO (28:) GENERATED BY LEIN 44536621 CWG WARRANT ENTERED INTO LEIN CWG 89/22/14 1 PENALTY ADDED-ORDINANCE NO DOG LIC 25.88 $ 83/28/15 MISCELLANEOUS ACTION ALL COUNTS coo WARRANT CANCELED FROM LEIN coo 1 WARRANT NOTICE GENERATED NO DOG LIC ARRAIGNMENT ON BENCH WARRANT HELD ALL COUNTS AA5 JOG GERDS,CARL F.,III P-27221 AAS SCHEDULED FOR CONTEMPT HEARING 841515 188P GERDS,CARL F.,III P-27221 AAS CASH/SURETY/18% CASH AAS BOND SET $ 2588.88 AAS PETITION FOR COURT APPOINTED ATTORNEY FILED AAS APPOINT ATTORNEY AAS 1 PRETRIAL RELEASE/CUSTODY GENERATED-IN CUSTODY NO DOG LIC AAS MISCELLANEOUS ACTION ALL COUNTS KMH ATT IRONS,ANDREA, P-71825 KMH NOTICE TO APPEAR GENERATED ALL COUNTS KMH 1 BAIL BOND GENERATED NO DOG LIC ALJ MISCELLANEOUS ACTION ALL COUNTS ALJ SURETY ALJ BOND POSTED $ 625.88 832015 ALJ SURETY POSTED YOU WALK BAIL BONDS 1442 BRUSH ST DETROIT, MI 48226 ALJ 04/15/15 1 HEARING HELD FOR CONTEMPT OF COURT NO DOG LIC CMB ?/"'! 612912015 jis JOG GERDS,CARL F.,III P-27221 CMB PLEAD GUILTY CMB DISPOSED ON GUILTY PLEA CMB SENTENCE 265.00 CMB $ PLEAD TO CONTEMPT cr~s MISCELLANEOUS ACTION NO DOG LIC CMB SCHEDULED FOR SENTENCING 6S2015 106P GERDS,CARL F.,III P-27221 CMB 1 NOTICE TO APPEAR GENERATED NO DOG LIC CMB 05/26/15 1 PROCEEDING HELD NO DOG LIC CMB SCHEDULED FOR SENTENCING 662415 166P GERDS,CARL F.,III P-27221 CMB 1 NOTICE TO APPEAR GENERATED NO DOG LIC CMB 66/24/15 1 PROCEEDING HELD NO DOG LIC CMB SCHEDULED FOR SENTENCING 072215 166P GERDS,CARL F.,III P-27221 CMB 1 NOTICE TO APPEAR GENERATED NO DOG LIC CMB PARTIAL PAYMENT MADE NO DOG LIC MHH SOFIA NELSON REQUESTED COPIES 14534228 MHH COPY FEE 9.66 MHH $ PAYMENT 9.El0 D333882 MHH $ 1 CREDIT CARD TENDERED MHH ***** END OF REGISTER OF ACTIONS ***** 66/29/15 12:S2 New_s:<:~~~~--: ~a._~e!:!~t ;§_(l_~_~()ll_ jis 612912015 Header Information jSTATE OF MICHIGAN j38TH JUDICIAL DISTRICT! I ORIS8886SJ I I PIN: 14-13159 I REGISTER OF ACTIONS CASE NO: 14EA84628B D81 OM X-REFERENCE #: 14-13159 STATUS: DISP JUDGE OF RECORD: GERDS,CARL F.,III JUDGE: GERDS,CARL F.,III P-27221 P-27221 Party Information CITY OF EASTPOINTE v CTN: ANDERSON/DONNA/ELAINE 21785 REIN MI 48821 EASTPOINTE VEH YR: VEH MAKE: DEFENSE ATTORNEY ADDRESS IRONS,ANDREA, 38778 GARFIELD RD STE 188 CLINTON TOWNSHIP MI 48838 OFFICER: CARY/REGINA TCN: SID: ENTRY DATE: 86/26/14 OFFENSE DATE: 86/26/14 1849 AM VEHICLE TYPE: VPN: VIN: PAPER PLATE: BAR NO. P-71825 APPOINTED Telephone No. (586) 469-4808 jDEPT: EASTPOINTE POLICE DEPARTM I I PROSECUTOR: ALBRIGHT,RICHARD S. P-57868 jVENUE: CITY OF EASTPOINTE Charges ORD#618.89 COUNT 1 C/M/F: M 8184 NO DOG LICENSE ARRAIGNMENT DATE: PLEA: PLEAD GUILTY PLEA DATE: 84/15/15 FINDINGS: DSP GLTY PL DISPOSITION DATE: 84/15/15 SENTENCING DATE: 84/1S/1S FINE COST ST.COST CON MISC. REST TOT FINE TOT DUE 38.88 2s.00 58.88 8.88 85.88 0.00 198.88 198.88 JAIL SENTENCE: PROBATION: VEH IMMOB START DATE: NUMBER OF DAYS: VEH FORFEITURE: Events DATE ACTIONS, JUDGMENTS, CASE NOTES 06/26/14 FILING DATE 862614 1 ORIGINAL CHARGE NO DOG LI C ORDINANCE FINE & COSTS 38.88 $ BL02 18.88 $ STATE COSTS - MISDEMEANOR/ORDINANCE 58.88 $ CRIME VICTIM RIGHTS ASSESSMENT 7S.88 $ SCHEDULED FOR ARRAIGNMENT/PRE-TRIAL 071514 80BA GERD5,CARL F.,III 07/15/14 1 MISCELLANEOUS ACTION NO DOG LIC L...U.- __ ,, _______ ___ _.._ -!-L..!--- --·-r.l-1-~'-·· INITIALS KMH KMH KMH KMH KMH KMH P-27221 KMH KEH jis 6.12912015 PROS ALBRIGHT,RICHARD S. REMOVED FROM CALENDAR 871514 888A GERDS,CARL F.,III SCHEDULED FOR PRE-TRIAL 882214 888A GERDS,CARL F.,III 1 NOTICE TO APPEAR GENERATED NO DOG LIC 88/26/14 1 WARRANT NOTICE GENERATED NO DOG LIC NO DOG LIC WARRANT GENERATED 88/27/14 25.88 1 PENALTY ADDED-ORDINANCE NO DOG LIC $ 83/20/15 1 ARRAIGNMENT ON BENCH WARRANT HELD NO DOG LIC JDG GERDS,CARL F.,III SCHEDULED FOR CONTEMPT HEARING 841515 188P GERDS,CARL F.,III ALL COUNTS MISCELLANEOUS ACTION ATT IRONS,ANDREA, 84/15/15 1 HEARING HELD FOR CONTEMPT OF COURT NO DOG LIC JDG GERDS,CARL F.,III PLEAD GUILTY DISPOSED ON GUILTY PLEA PLEAD TO CONTEMPT SENTENCE NO DOG LIC MISCELLANEOUS ACTION SCHEDULED FOR SENTENCING 852815 188P GERDS,CARL F.,III 85/20/15 1 PROCEEDING HELD NO DOG liC SCHEDULED FOR SENTENCING 862415 188P GERDS,CARL F.,III 86/24/15 NO DOG LIC 1 PROCEEDING HELD JDG GERDS,CARL F.,III SCHEDULED FOR SENTENCING 872215 188P GERDS,CARL F.,III ***** END OF REGISTER OF ACTIONS ***** 86/29/15 15:52 P-57868 P-27221 P-27221 KEH KEH KEH KEH P-27221 P-27221 P-71825 AAS AAS AAS KMH KMH P-27221 CMB CMB CMB CMB CMB CMB CMB CMB P-27221 CMB CMB P-27221 P-27221 CMB CMB CMB P-27221 [~e~~search _,. . . :.~::~-~--=:..~-- l Go t;J""f~~~ ___________ .; Disconnect . ?I? AFFIDAVIT OF DONNA ELAINE ANDERSON I, Donna Elaine Anderson, state as follows: 1. I am a resident of Eastpointe, Michigan, and have lived in Eastpointe for the last three and a half years. 2. I am the sole caregiver and provider for my two children ages six and twelve. 3. I cunently eam $15 8 a month for providing pmi -time homecare assistance to a disabled woman who lives in the neighborhood. I am paid for that work by the Department of Health and Human Services. 4. I have had difficulty finding steady, full-time employment that pays enough to cover the cost of childcare. I have tried, but been unsuccessful, in getting govemment assistance for childcare. The last time I had a steady job was in August of2014. 5. Because I am so low-income, I receive means-tested govemment assistance including Section 8 rent and utility assistance, food assistance, and Medicaid. 6. My first priority is keeping my children fed and housed in a home with electricity and water. 7. I often find myself behind on bills. For example, I'm currently two months behind on my water bill. 8. I have approximately $1,000 in outstanding student loans. 9. Last year, I was gifted a small dog by a friend who knew that my daughter wanted a dog for her birthday. Around the same time I rescued another dog in the neighborhood to prevent it from being euthanized, because I love animals and did not want the dog to die. 10. I was initially unable to get the dogs licensed because I lacked the funds to pay for the licenses. 11. In the summer of 2014 police canvassed my neighborhood looking for unlicensed dogs. I received a ticket for "no dog license." 12. The original ticket was for $355. I did not have the money to pay the ticket. 13. I understand that by failing to license my dogs, I violated an Eastpointe City Ordinance. Since that time, I got the dogs licensed. 14. I did not know that I was supposed to appear in court on the dog license ticket and therefore a wanant was issued for my arrest. 1 15. I was charged with contempt of comi in case number 14EA04628 for failure to pay my ticket and for missing my court date. On April15, 2015, I pled guilty. 16. My court appointed attorney, Andrea Irons, explained to me that ifl could not pay all of the fines that I owed in full on the date of sentencing, the judge would send me to jail. Ms. Irons also told me that if there was nobody to pick up my kids when I went to jail, my kids would be taken by Child Protective Services. 17. Ms. Irons advised me that Judge Gerds has a strict policy of not allowing defendants to make payment plans. In fact, there is a sign in the comihouse that reads, "Fines & Costs Due Upon Sentencing No Payment Plans." 18. Ms. Irons also advised me that Judge Gerds does not allow people to do community service in lieu of paying fines, costs or fees they cannot afford. I could do community service at my church because they would let me schedule it while my kids are at school. 19. Due to the fact that I am indigent, I am unable to pay the full fines and costs I owe all at one time. The total I now owe has risen to $455 due to additional charges being added to my account. It takes me almost three months to make that much money. It is very difficult for me to save any money because my bills exceed my income. 20. Ms. Irons has advised me that ifl am unable to pay the full $455 at the time of sentencing, I will go directly to jail. 21. Ms. Irons has adjourned two of my sentencing dates, which were scheduled for May 20, 2015 and June 24, 2015, because I did not have the total amount owed and would have ended up being sent to jail if I had been sentenced on those days. 22. At my most recent sentencing on June 24,2015, I was able to bring $150, which I could have paid that day. I brought the money has a demonstration of my good-faith intent to pay what I could on my debt over time. 23. Because I was not able·to save or obtain the total amount due by June 24, 2015, Ms. Irons advised me that I must adjourn the sentencing, or I would be sent to jail. When my case was called, Judge Gerds told me that this was my last chance and I would not be able to adjourn again. 24. At no time in any of my comi hearings has Judge Gerds ever asked about whether I have the ability to pay. 25. My understanding is that "pay or stay" sentences are the standard procedure in the 38th District Comi. It is common knowledge in Eastpointe that if you owe money in the 38th District Court and cannot pay, you will be sentenced to jail time for inability to pay. 2 26. Each time I have gone to com1, I have had to wait for my case to be called, and I have never heard Judge Gerds ever ask any defendant about their ability to pay before sentencing them to pay everything they owe immediately, or to go to jail. 27. My next court date is July 22, 2015. Based on what Judge Gerds and Ms. Irons have told me, it is my understanding ifi cannot come up with the full $455 by then, I will be sentenced to jail because I am unable to pay. 28. I will not be able to pay in full on July 22 because I am still under-employed. At most I could pay the $150 that I have saved up in order to pay this ticket. 29. I do not believe it is fair to put me in jail just because I am too poor to pay all my fines at once. I am willing to take responsibility for not licensing my dogs right away, but I do not believe it is right to put me in jail just because I am poor when wealthier individuals who make similar mistakes are able to pay and are not jailed. Dated:~JSubscribed and swom to before me the tfhday of July 2015 aJ~-~ Notary Public DANIElS. I