No. 20-5671

Michael Ward v. Michigan Attorney Grievance Commission

Lower Court: Michigan
Docketed: 2020-09-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: access-to-courts civil-rights constitutional-challenge due-process equal-protection fees-and-costs indigent-litigant prisoner-litigation prisoner-rights
Latest Conference: 2020-12-11 (distributed 2 times)
Question Presented (from Petition)

I. IS MICHIGAN'S STATUTE, MCL 60G.2963(B) 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 OUTSTANDING FEES OR COSTS FROM PRIOR UNRELATED LITIGATION; NOTWITHSTANDING THE PRISONER LITIGANTS (Petitioner) HAVING CLEARLY DEMONSTRATED A FINANCIAL INABILITY TO PAY PAST, PRESENT OR FUTURE FEES/COSTS; AND WHERE THE CLERK OR A DUDGE DOES NOT EVEN REVIEW/CONSIDER A MOTION TO WAIVE/SUSPEND FEES AND COSTS; OR THE PRISONER LITIGANTS INDIGENCY AND INABILITY TO PAY "OUTSTANDING" FEES/COSTS?

II. DOES STRICT APPLICATION OF MCL 600.2963 (8) ON ITS FACE APPLIED TO THIS PETITIONER, VIOLATE THE U.S. 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 "OUTSTANDING".and/or AS APPLIED, FEES/COSTS OWED TO PRIOR LITIGATION?

III. DOES MCL 600.2963(8) ON ITS FACE and/or AS APPLIED, UNCONSTITUTIONALLY "DISCRIMINATE" WHEN DIRECTED SOLELY AGAINST "PRISONERS," AND WHERE A RICH PRISONER, OR NON-PRISONER CAN PAY FEES/COSTS AND GAIN ACCESS TO A MICHIGAN COURT, BUT A "POOR" PRISONER CANNOT, DUE SOLELY TO FINANCIAL CONSIDERATIONS?

IV. IS MCL 600.2963(8) TO BE READ J^N PARA MATERIA WITH MCL 600.2963(7), IN ORDER TO SATISFY CONSTITUTIONAL EDICTS; WHERE A PRI50NER LITIGANT CAN DEMONSTRATE INABILITY TO PAY PAST, PRESENT OR FUTURE FEE5/C0STS?

V. 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?

Question Presented (AI Summary)

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

Docket Entries

2020-12-14
Rehearing DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-09
Petition for Rehearing filed.
2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-09-17
Waiver of right of respondents Michigan, Michigan Govenor, Gretchen Whitmer, et al. to respond filed.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Michael Ward
Michael Ward — Petitioner
Michigan Attorney Grievance Commission
Robert E. EdickMichigan Attorney, Respondent
State of Michigan, Michigan Govenor, Gretchen Whitmer, Michigan Attorney General Dana Nessel, Michigan Supreme Court, Inger Z. Meyer, MSC Deputy Clerk
Fadwa A. HammoudMichigan Department of Attorney General, Respondent