President Deborah L. McNabb Kent County Courthouse 180 Ottawa, NW, Ste. 4400 Grand Rapids, 49503 (616) 632-5144 Vice President Jon T. Ferrier Kent County Courthouse 180 Ottawa, NW, Ste. 4400 Grand Rapids, 49503 (616) 632-5142 Executive Secretary Kenneth D. Randall 42nd Judicial Circuit Midland County 301 W. Main St. Midland, 48640-5183 (989) 832-6803 Recording Secretary Jean L. Dohanyos Oakland County Circuit Court 1200 N. Telegraph Rd., Dept. 452 Pontiac, 48341-0452 (248) 858-0033 Treasurer David T. Elias Macomb County Friend of the Court 40 N. Main, 5th Floor Mt. Clemens, 48043 (810) 469-5754 Immediate Past President Mark D. Sherbow Oakland County Friend of the Court P.O. Box 436012 1200 N. Telegraph Rd., Annex 11 Pontiac, 48341 (248) 975-4448 Board Members Kathleen Oemke Thomas G. Doetsch, Sr. Kathryne A. O'Grady Arthur R. Spears, Jr. Dennis M. Swain Past Presidents Wayne Kristal Jon T. Ferrier Ronald Foon Marie Johnson Hon. Linda Hallmark Wendelyn Machnik Karen Liwienski Vincent Welicka Philip Ingraham Zaira Maio Mark D. Sherbow

June 9, 2003 The Honorable Lisa D. Wojno, State Representative N792 House Office Building 124 N. Capitol Lansing, MI 48909 Re: HB 4066 Dear Representative Wojno:          At our Board of Directors meeting last month, the Referees Association of Michigan (RAM) voted to oppose passage of HB 4066.          As we understand HB 4066, if passed, it would reduce to only one the number of incidents of unconsented contact required to be plead or proven in order to justify the issuance of an anti-stalking personal protection order under MCL 600.2950a. In addition to placing an "anti-stalking" personal protection order statute in conflict with the criminal statutes which create the offense of stalking, the bill's impact involves practical problems: if a personal protection order may be obtained upon only one instance of unconsented contact, the issuance of such orders will expand greatly, with no concomitant expansion of Court resources, and citizens will not have the opportunity to amend their behavior upon being informed that their contact is unconsented.          In summary, we believe the bill is a bad idea because it will create even more congestion in the Court, and because it doesn't fairly warn the population of what behavior is acceptable and what is not. Once a person is informed that contact of the types prohibitable by MCL 600.2950a is not consented to -- that the contact is unwelcome, in other words -- if that person then initiates a second, unconsented contact after fair warning, the current law satisfies our sense offair play.          As Referees in the Family Division of Circuit Court, we constantly hear in proceedings to challenge personal protection orders, that the issuance of the order alone creates a stigma on respondents that is difficult to remove, even where there is not conclusive evidence demonstrating that the law requires the issuance or maintenance of an order for protection. Making anti-stalking personal protection orders even easier to obtain will exacerbate that problem, as well, and for all these reasons, we oppose HB 4066's passage into law.          RAM is a Special Purpose Organization recognized by the State Bar of Michigan, founded in 1984. RAM represents over one hundred Circuit Court Referees who serve as judicial officers in the Family Division of the Circuit Court. Our members conduct hearings in domestic relations cases, juvenile/children's cases and personal protection order cases, and make recommended dispositions to the Circuit Court which become court orders unless objections are filed and the Court rejects the recommended disposition after a hearing is held.          We would be happy to provide further information or assistance on this and other proposed legislation that affects the area of Family Law, and we thank you for your attention and consideration of our position on HB 4066.                                                       Sincerely,                                                       Kenneth D. Randall                                                       Executive Secretary                                                       Referees Association of Michigan pc: The Honorable Jim Howell,      House Judiciary Committee Chair