Why is a Michigan Court that handles those most at risk from Coronavirus still open?

Parking lot at the Oakland County Probate Court still filled with cars on Monday March 16. Photo courtesy of Chris Abood.

As of Monday morning, Michigan Governor Gretchen Whitmer had announced the closure of the state’s bars and restaurants, while venues were asked to reduce capacity by half. Meanwhile, the Center for Disease Control (CDC) issued a recommendation against gatherings of more than 50 people. In New York, Connecticut and New Jersey, governors insitituted bans in line with that advice.

All of this to stop the spread of COVID-19, especially to the country’s most vulnerable elderly population and those suffering from physical conditions that place them at greater risk.

But, at a courthouse complex in Pontiac, Michigan, you’d never know that life has changed at all.

As of the morning of March 16  the parking lot was still full and business proceeding as normal at the Oakland County Circuit and Probate Courts.

At present Oakland County has 14 confirmed cases of Coronavirus and Oakland County Chief Executive David Coulter “expects those numbers to grow.”

The Probate Court, which operates in Coulter’s building, is set up to serve Michigan’s most vulnerable who must regularly attend hearings to determine whether they are to be placed under guardianship or conservatorship as well as those dealing with mental health and estate matters.

An investigation, released last year in the Daily Kos, found numerous and disturbing issues in the way the court has treated it’s most vulnerable with accusations of rampant abuse and exploitation of elderly and developmentally disabled individuals.

The Oakland County Probate Court’s four cramped, courtrooms are routinely packed, particularly on Wednesdays (called Motion Days) and there is little or no room for social distancing. Each courtroom has the capacity for more than 50 people.

At present, cancelling a hearing is a matter of judicial discretion.

Judges have routinely punished individuals who have not shown up for or been late for hearings. Last week, the Detroit Free Press reported that Oakland County Circuit Judge Leo Bowman jailed real estate developer Howard Baum who was late to his hearing on a real estate dispute because he had pneumonia that was so acute, he was “throwing up in a wastebasket under the counsel table.”

It was a story that did not go unnoticed by those with upcoming hearings at the Oakland County Probate Court, which operates as an autonomous division of the Circuit Court.

They are terrified that, if they do not attend a hearing, because they are at risk from Coronavirus or even feeling unwell, they could very well find themselves sanctioned or worse.

Since very few Oakalnd County probate and elder law attorneys are willing to challenge the court’s four judges or charge unaffordable retainers, many litigants appear pro-se (wthout an attorney to argue on their behalf).

One such elderly woman, who wished to remain anonymous, has a hearing coming up on Motion Day March 18 at The Oakland County Probate Court and is running a fever. She had a friend call the court Monday morning to receive clarification on when she should come in.

She recorded the conversation.

After being placed on hold numerous times, a clerk told her “I can transfer you to the chambers of the judge and they would have the power to make the decision to either postpone the court date or [your friend’] could attend by phone.”

When asked how long cases would continue as normal, the clerk responded that “It’s an ongoing situation that could be changing. Our judges are currently discussing options. We are doing everything that we can at this time to accommodate people. We’ve waived all our judge online fees to try and limit the traffic in and out.”

Those fees are $30 for a service that supposedly allows people to appear from home or work  for “motion hearings and other court proceedings at the discretion of the presiding judge.”

There is an application that must be filled out, but a great many elderly people are not online savvy. Those confined to a nursing home at present may not have access to a computer neither can families assist them because visitation at facilties nationwide has been curtailed.

“I’m frightened,” the woman tells me. “If I tell the judge I don’t think I should come in, what if it gets me into trouble. I don’t know what to do.”

The question is, with the lethal nature of COVID-19 to the very population the Oakland County Probate Court serves, why are even non-emergency cases moving ahead as normal despite the urgency to use every day to further contain and not spread the virus? Why is the court remaining open still a matter of debate?

I reached out to Oakland County Probate Court Administrator Edward Hutton, Oakland County Chief Executive David Coulter and Governor Gretchen Whitmer to get some answers and, as of time of publication, there has been no response.

Retired Michigan attorney and elder advocate Bradley Geller believes for probate courts like Oakland County to remain open is irresponsible and not only to litigants.

“The courts should close for all but emergencies,” he says. “Particularly with guardianship hearings where older people are involved, they should not be exposed to large groups. To keep the courts open not only puts respondents at risk but petitioners, Guardian at Litems and court staff. If we are closing schools and restaurants, to keep the court open makes little sense.“

While the option exists for people to call in, should a judge permit it, Geller does not believe it is the best way to litigate a case especially if those acting as their own attorney.

“You have the right to cross examine but that can’t be done effectjvely over the phone,” he asserts.

Christine Abood is part of a group of individuals fighting for reform at the probate court on a county level believes that for the Oakland County Probate Court to stay open even one more hour than it should is “dangerous.”

“The majority of people entering the court building are older adults,” she says. “On Motion Days you have people sitting in courtroom galleries or standing shoulder-to-shoulder waiting for their case to be called and there is just no room. You may not be heard for hours so you are forced to remain in a confined space.”

“Why is this court still open? This isn’t a criminal court,” she wonders. “For it to do so while everyone else is shutting down is about nothing more than greed.”

“This puts so many people at risk,” Geller argues. “I cannot see it being a benefit to anyone.”

A Monday afternoon press conference held in Ferndale, Michigan, attended by Coulter alongside Michigan Attorney Dana Nessel and Rep. Andrew Levin (D-09), provided an update on measures such as restrictions on local businesses and venues as well as issues such as jail intake, price gouging and COVID-19 scams targeting seniors.

However, the county’s probate court was not mentioned.

 “It is time that we get very serious,” Coulter stated. “The actions that we take now will help save lives.”

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Why is a Michigan Court that handles those most at risk from Coronavirus still open?