Michael Ward v. Michigan Attorney Grievance Commission
AdministrativeLaw ERISA DueProcess JusticiabilityDoctri
Is Michigan's statute, MCL 600.2963(8) unconstitutional on its face and/or as applied to this petitioner, as violating the right of access to courts and to petition for redress
QUESTION(S) PRESENTED , I. IS MICHIGAN'S STATUTE, MCL 600.2963(8) UNCONSTITUTIONAL ON ITS FACE and/or AS APPLIED TO THIS PETITIONER, AS VIOLATING THE . RIGHT OF ACCESS TO COURTS AND TO PETITION FOR REDRESS; WHERE IT COMMANDS THAT MICHIGAN COURT CLERKS SHALL NOT ACCEPT FOR FILING A . CIVIL ACTION OR APPEAL, IF THE PRISONER LITIGANT OWES QUTSTANDING . FEES OR COSTS FROM PRIOR UNRELATED LITIGATION; NOTWITHSTANDING THE PRISGNER LITIGANTS (Petitioner) HAVING CLEARLY DEMONSTRATED A : FINANCIAL INABILITY TO PAY PAST, PRESENT OR FUTURE FEES/COSTS; AND WHERE THE CLERK OR A JUDGE DOES NOT EVEN REVIEW/CONSIDER A MOTION TO WAIVE/SUSPEND FEES AND COSTS; OR THE PRISONER LITIGANTS ~ . INDIGENCY AND INABILITY TO PAY "GUTSTANDING" FEES/COSTS? Petitioner says: VES : . Respondents say: Remeined mute/indifferent Other Federal Courts say: YES . TI. DOES STRICT APPLICATION OF MCL 600.2963(8) ON ITS FACE and/or AS APPLIED TO THIS PETITIONER, VIOLATE THE u.Ss. : CONSTITUTION'S DUE PROCESS AND/OR EQUAL PROTECTIONS CLAUSES, IN ITS STRICT APPLICATION, WHEN FAILING TO TAKE INTO ACCOUNT A” PRISONER LITIGANTS PROVEN INABILITY To PAY "QUTSTANDING" FEES/COSTS QWED TO PRIOR LITIGATION? : Petitioner says: YES a ‘Respondents say: Remained mute/indifferent Other Federel Courts say: YES i . : TIT. DOES MCL 600.2963(8) ON ITS FACE and/or AS APPLIED, UNCONSTITUTIONALLY "DISCRIMINATE" WHEN DIRECTED SOLELY AGAINST! "PRISONERS," AND WHERE A RICH PRESONER, OR NON-PRISONER CAN PAY FEES/COSTS AND GAIN. ACCESS TO A MICHIGAN COURT, BUT A “POOR . PRISONER CANNOT, DUE SOLELY TO FINANCIAL’ CONSIDERATIONS? : moe Petitioner says: VES ; ; : ' Respondents say: Remained mute/indifferent me Other Federal Courts say: YES : IV. IS MCL 600.2963(8) TO BE READ IN PARA MATERIA WITH MCL 600.2963(7), IN ORDER TO SATISFY CONSTITUTIONAL EDICTS; WHERE A PRISONER LITIGANT CAN DEMONSTRATE INABILITY TO PAY PAST, PRESENT. OR FUTURE FEES/COSTS? 7 Petitioner says: VES : Respondents say: Remained mute/indifferent . Other Federal Courts say: YES ‘ : Vv. IS MCL 600.2963(8) IN CONSTITUTIONAL CONFLICT WITH MCL 600.2963(7); 600.2529(5); and Michigan Court Rule (MCR) 2.002(F), + CONCERNING WAIVER OR SUSPENSION OF FEES? Patitioner says: YES Respondents say: Remained mute/indifferent 37 Formerly MCR 2.002(D). ; _ -2.