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

May 1, 2003 The Honorable Artina Tinsley Hardman, State Representative S 587 House Office Building 124 N. Capitol Lansing, MI 48909 Re: HB 4105 Dear Representative Hardman:          At our Board of Directors meeting last month, the Referees Association of Michigan (RAM) voted unanimously to oppose passage of HB 4105 at this time. As you are likely aware, the Michigan Supreme Court recently heard oral argument in the case of DeRose v. DeRose. In late 2001, the Michigan Court of Appeals ruled that our grandparenting time statute (section 7b of the Michigan Child Custody Act, MCL 722.27b) is unconstitutional. The Court of Appeals decision was based on the panel's understanding of the United States Supreme Court's holding in the case of Troxel v. Granville, a 2000 decision which ruled that Washington State's third-party visitation statute was unconsitutional as applied in that case, but left open whether Washington's (and other states') third-party and grandparenting time statutes were unconsitutional per se.                    In DeRose, our Court of Appeals found that Michigan's current grandparenting time statute was unconstitutional in that, just like Washington's statute in Troxel, it failed to give any special deference to the position of a fit parent opposed to grandparenting time, and allowed a Judge to substitute the Court's own view of what the child's best interests called for, for that of the fit parent.                    Given that HB 4105 would expand further the circumstance under which a grandparent might seek time with a grandchild, despite a fit parent(s)'s opposition, it is imprudent and premature to consider expansion of grandparenting rights, while our Supreme Court is pending decision on whether grandparenting time is even constitutional, as in current Michigan law.                    Until our Supreme Court has spoken, the better course would be to withhold legislating in this area for the very simple reason that if our Supreme Court affirms the Court of Appeals, and finds section 7b of the Child Custody Act unconstitutional, it is virtually certain that HB 4105 would be unconstitutional, as well, since the proposed amendment addresses none of the concerns the Court of Appeals detailed in finding the present, less expansive statute unconstitutional.                    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 4105.                                                       Sincerely,                                                       Kenneth D. Randall                                                       Executive Secretary                                                       Referees Association of Michigan pc: The Honorable Jim Howell,      House Judiciary Committee Chair