Michael Talbot
Michael J. Talbot was a judge of the Michigan First District Court of Appeals from 1998 to 2018. He was appointed to the court in 1998 by Governor John Engler (R). He retired on April 25, 2018.[1]
Talbot served as chief judge of the Michigan Court of Appeals from January 1, 2015, to 2018.[2][3][4]
On November 13, 2013, Talbot was appointed by the Michigan Supreme Court to serve as chief judge of the newly-created Michigan Court of Claims. This service was in addition to his appellate court duties.[5][6][7]
Education
Talbot received his undergraduate degree from Georgetown University and his J.D. from the University of Detroit Mercy School of Law.[2][8]
Career
- 2015-2018: Chief judge, Michigan Court of Appeals
- 2013-2018: Chief judge, Michigan Court of Claims
- 1998-2018: Judge, Michigan First District Court of Appeals
- 1991-1998: Judge, 3rd Circuit Court (Wayne County)
- 1980-1991: Judge, Detroit Recorder's Court
- 1978-1980: Judge, Detroit Common Pleas Court
- Attorney in private practice
- Visiting judge, Washtenaw County Probate Court, 38th Circuit Court, Court of Appeals [2][8]
Awards and associations
- Member, Board of Catholic Education for the Archdiocese of Detroit
- Member, Board of Education of the Archdiocese of Detroit
- Chair, Advisory Board, St. John's Center for Family and Youth
- Member, Board of Directors, Manressa Retreat House
- Member, Board of Directors, Catholic Lawyers Society
- Member, Board of Directors, Jefferson House
- Member, State Bar of Michigan
- Former chairperson, Criminal Law Section
- State Bar Representative Assembly
- Special Committee on Victims of Crimes
- Criminal Jurisprudence Committee
- Member, International Academy of Trial Lawyers
- Member, Irish-American Lawyers
- Member, B'nai B'rith Barristers
- Faculty member, National Judicial College
- Faculty member, National Organization for Victim Assistance
Talbot received awards from the Crime Prevention Association of Michigan, the State Bar of Michigan, and the Michigan Corrections Association.[9][10]
Noteworthy cases
Court upholds Michigan liability law
Even if parents signed a waiver to not hold schools, churches, summer camps and other businesses that provide recreational services to children responsible for a child's injury, the Michigan Court of Appeals ruled in a unanimous decision that these services can still be held liable. Based on Michigan law, the court determined that a pre-injury waiver would be worthless if a child were hurt and the parents wanted to sue. According to the Detroit Free Press, those offering recreational services believe the ruling will likely increase insurance rates. "The court acknowledges the decision could make it tougher to do business. While this ruling has significant and far-reaching implications regarding ... organizations and businesses providing valuable services and activities for minor children, and has the potential to increase litigation and impact the availability of programs to younger members of the community, we have no alternative but to recognize the current status of our law and follow its precepts," the three-member panel ruled. The decision, by Judges Richard Bandstra, Michael Talbot and Bill Schuette stated: "The decision in this case is important because it serves as an affirmation of the priority we place on the protection of the health and well-being of our children" the court noted.[11]
Court upholds law and Chrysler's time limits
In 2005, the Michigan Court of Appeals allowed Chrysler to use their six-month limitation in a case regarding age discrimination, which the court noted was allowed under Michigan law. Judge Janet Neff dissented. "I would hold that the contract provision is unconscionable and violates public policy and is, therefore, unenforceable under the circumstances of this case," Neff wrote. Neff noted that a job applicant would have little choice but to sign the application, which included the statement waiving the statute of limitation right. "It is unlikely that an applicant seeking a job from an employer would engage in bargaining these terms at the time of signing the application form," and objecting would likely mean no job offer, she said. According to the Detroit Free Press, the majority found that no state laws prohibit such contractual modifications and that the 6-month period was neither "inherently unreasonable" nor "so extreme that it shocks the conscience." The Legislature would need to change the law, not the courts, Judges Michael Smolenski and Michael Talbot wrote.[12]
Court rules state program violates water act
In a 2-1 ruling, the Court of Appeals determined that the state's program for regulating large livestock and poultry farms violates the federal Clean Water Act. According to the Toledo Blade, the concentrated animal feeding operations generate manure that is spread on farm fields, and runoff can pollute nearby streams with potentially harmful bacteria found in animal waste. Judges William Whitbeck and Michael Talbot said that the state is allowing too much leniency with the farms to "determine and adopt their own rates for spreading manure."[13]
Court rules on home school athletes
A unanimous decision from the Michigan Court of Appeals ruled that home-schooled students do not have the same rights as public-schooled students. Home-schooled students do not have a right to play for sports teams of schools in their district. The court consulted the Michigan Supreme Court's decision "that students at nonpublic schools without extracurricular activities must be allowed to enroll in that public school activity." According to state law, schools are required to allow students to develop their intellectual capacities. Sports do not fall under that. Judge Stephen Borrello, joined by Judge Patrick Meter, said Michigan state laws do not require schools to allow home-schooled students to join sports programs. Judge Michael Talbot concurred in the decision. "But plaintiffs have not asserted that interscholastic sports develop either their children's intellectual capacities or vocational skills," the court said. "The Court did not opine or even suggest that nonpublic school students were entitled to participate in extracurricular interscholastic athletic events, and nothing in (its) opinion dictates that conclusion. Unlike a state requirement that all students be taught by certified teachers that the Supreme Court found did violate religious rights, the sports rules do not inescapably compel conduct that the parents find objectionable for religious reasons," the Court of Appeals said. "Rather, by exercising their right to practice their religion through homeschooling their children, plaintiffs made a choice between homeschooling their children and having them participate in extracurricular interscholastic athletic competition," the court said.[14]
For more information on education policy, visit Policypedia.Elections
2014
- See also: Michigan judicial elections, 2014
Talbot ran for re-election to the First District Court of Appeals. He was unopposed in the general election on November 4, 2014.[15]
Recent news
The link below is to the most recent stories in a Google news search for the terms Michigan Court of Appeals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
- Toledo Blade, "Michigan Court of Appeals rules Farm program violates water act," January 17, 2008
- Bishop Accountability, "Priest Abuse Suit Is Allowed," June 20, 2003
Footnotes
- ↑ Legal News, "ASKED & ANSWERED: Judge Michael Talbot on his judicial career," April 24, 2018
- ↑ 2.0 2.1 2.2 Michigan Courts, "First District Judges," accessed July 9, 2014
- ↑ Michigan Courts, "Order - Appointment of Chief Judges of Michigan Courts," October 18, 2013
- ↑ Michigan Supreme Court, "Order: Appointement of Chief Judges of Michigan Courts," October 14, 2015
- ↑ Michigan Courts, "Order: Assignment of Judges to the Court of Claims," November 13, 2013
- ↑ Michigan Courts, "Michigan Court of Claims," accessed July 9, 2014
- ↑ Michigan Courts, "Order: Assignment of Judges to the Court of Claims and Reappointment of Chief Judge," accessed April 29, 2017
- ↑ 8.0 8.1 Michigan Supreme Court, "Michigan Court of Claims judges named," November 13, 2013
- ↑ Michigan.gov, "Governor Engler Appoints Talbot to Court of Appeals," March 26, 1998
- ↑ The Institute of Continuing Legal Education, "Hon. Michael J. Talbot"
- ↑ Detroit Free Press, "Court shakes rec providers in ruling on kids' safety," August 15, 2008
- ↑ Detroit Free Press, "Chrysler criticized for time limits on filing sex harassment claims," July 7, 2008
- ↑ Toledo Blade, "Michigan Court of Appeals rules Farm program violates water act," January 17, 2008
- ↑ Bridges 4 Kids - Gongwer News Service, "Home Schoolers Do Not Have Right to Play on HS Teams: Michigan Court of Appeals," March 3, 2004
- ↑ Michigan Secretary of State, "2014 Official Michigan Primary Candidate Listing," accessed July 9, 2014
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