The Kentwood Justice Center houses 62-B District Court and the Kentwood Police Department. (WKTV)
By WKTV Staff
greer@wktv.org
The preliminary examination for former Michigan State Police Det. Sgt. Brian Keely will take place Monday, Aug. 12, at 1:30 p.m. at the 62-B District Court. The parties are scheduled to appear in person.
Due to capacity restrictions, a limited number of observers will be allowed to attend the preliminary examination. Observers arriving after the capacity has been reached will be provided Zoom instructions and asked to watch virtually from another location. Cell phone use is not allowed in the 62-B District Court lobby.
To observe the preliminary examination, use the Meeting ID: 428 094 0961 on the Zoom mobile app or at Zoom.us. The direct link is available on the 62-B District Court’s website.
Keely faces charges of second-degree murder and involuntary manslaughter. At the preliminary examination, Judge Amanda Sterkenburg will determine if there is probable cause to bind the matter over to the 17th Circuit Court for trial on the charges. The Court has been made aware of social media campaigns to draw attendance at the preliminary examination.
“Safety, fairness and efficiency are all of great concern at the upcoming proceeding,” Sterkenburg said. “We are taking precautions to ensure the preliminary examination is conducted with respect for all parties and in accordance with the law and court rules.”
Keely’s defense team is currently seeking to have the matter removed to federal court. In July, a federal judge ordered briefs on the issue of removal. Unless there is an order of removal to the federal court, the matter will proceed in state court. Briefs have been filed, but as of today, there has not yet been a decision.
The City of Kentwood’s 62-B District Court announced this week that it has implemented an Alternative Dispute Resolution plan that “will allow community members to resolve certain disputes outside the courtroom through mediation and other facilitated processes.”
The court implemented its Alternative Dispute Resolution (ADR) plan to reduce client costs, produce more timely resolutions and increase satisfaction with the justice system, according to the announcement. The plan lays out a process for determining which cases are appropriate for mediation and how mediators are appointed.
Mediation was previously available for the 62-B District Court’s small claims cases in partnership with the Dispute Resolution Center of West Michigan. With the ADR plan now in place, mediation is even more accessible, “so disputes can be resolved in the most efficient way and with the most satisfaction,” according to the announcement.
Mediation involves a trained third-party individual who works with litigants to resolve disagreements outside the courtroom and reach a mutually acceptable resolution. Mediation is often scheduled and completed quicker than court cases and does not require litigants to pay attorney fees, according to the announcement.
62-B District Court Judge Amanda Sterkenburg. (Supplied)
“Court cases involve a significant financial and emotional investment,” 62-B District Court Judge Amanda Sterkenburg said in supplied material. “I am proud the 62-B District Court is offering this plan as a way to save time and money for those seeking resolution, preserve relationships and help each party walk away more satisfied.
“Another beneficial aspect of ADR is each party gets the opportunity to have their voice heard in a safe and neutral environment. Being able to express themselves empowers the parties to work past the conflict and seek resolution.”
In collaboration with the Dispute Resolution Center of West Michigan, mediation is a routine part of the 62-B District Court pre-trial process.
If a case is referred for mediation, the court’s ADR clerk will send a letter to the parties to let them know they can use the Dispute Resolution Center or select a private mediator by agreement.
According to the court announcement, mediation also helps “minimize disparities in power, where one party may be represented by counsel, but the other party is not. Mediators are specifically trained in these nuances to make sure the balance of power is fair when parties are negotiating and bargaining. Mediation can preserve or restore relationships by overcoming misunderstandings and improving communication between parties.”
The ADR plan was designed to be used in conjunction with facilitators who understand how diversity may affect a dispute and use processes that are designed to overcome barriers to find common ground.
“The best ADR outcomes are reached when varying perspectives are taken into consideration,” Sterkenburg said. “The 62-B District Court remains committed to acknowledging diverse cultures, values and socioeconomic statuses within disputes. We see each perspective in the room as equally valid and we use well-trained mediators and interpreters to reach optimal resolutions.”
Parties are encouraged to pursue any form of ADR if they believe it will assist them in resolving the dispute. The court intends to refer appropriate summary proceedings and civil cases such as breach of contract, property disputes and debt collection to mediation. Sterkenburg will oversee the implementation of the new plan and the mediator selection process.
There will be a changing of the guard at the leadership of the City of Kentwood’s 62-B District Court this month as Amanda Sterkenburg will be sworn into the post and will take over for retiring long-time Judge William G. Kelly on Jan. 1, 2021.
And the public is invited to witness the changeover with two virtual ceremonies.
Judge-elect Sterkenburg’s investiture is set for Wednesday, Dec. 16, at 3 p.m., with the swearing-in ceremony to be fittingly conducted by Judge Kelly. Members of the community are invited to attend via Zoom (Meeting ID 4280940961) or on the 62-B District Court’s YouTube channel.
Then, on Wednesday, Dec. 30, also at 3 p.m., the public is invited to attend Judge Kelly’s virtual retirement celebration via Zoom (Meeting ID 4280940961) or also on the court’s YouTube channel. The event will include remarks by Michigan Supreme Court Chief Justice Bridget Mary McCormack and other distinguished speakers.
Judge Kelly, In Focus, from August 2020. (WKTV)
Kelly has served the Kentwood community as the city’s first and only district court judge since 1979. He was elected in November 1978, following his father, Joseph Kelly, who served as Kentwood’s municipal judge from 1971-79. In 2014, he was re-elected for his seventh and final six-year term. The district court judge leads a team of nearly 25 court personnel.
In August, WKTV Journal In Focus talked with Judge Kelly about his years on the bench and his retirement. See the video here.
“Judge Kelly has been an invaluable asset to Kentwood and the West Michigan area,” Kentwood Mayor Stephen Kepley said in supplied material. “His dedication to our community has been demonstrated by his service on the bench along with his many accomplishments for our court system. We wish Judge Kelly the best as he moves into retirement and we sincerely thank him for his leadership in directing Kentwood’s 62-B District Court for these past 42 years.”
During his tenure, Judge Kelly instituted several programs, including the Sobriety Court and meditation of small claims cases. Kelly also conducted more than 4,000 weddings throughout his time as district court judge.
Additionally, Kelly explored ways technology could better serve the justice system and Kentwood community. At the onset of the COVID-19 pandemic, 62-B District Court quickly adapted and created a virtual court on Zoom with a livestream on its YouTube Channel. Kelly also has worked with the Supreme Court to implement a paperless system throughout the state to begin in the near future.
“I have been fortunate to have had a great law career,” Judge Kelly said in supplied material. “I have loved serving this community for so many years and I am grateful for all the opportunities that have helped me become a better judge. We have a great team at 62-B District Court, and I look forward to seeing the court’s future accomplishments and growth.”
Handing the gavel to the next judge
With the new year, Sterkenburg will lead preside over the 62-B District Court for a six-year term after being elected to the post in November. (To see her WKTV We The People candidate video, visit here.)
The 62-B District Court settles disputes, processes criminal charges and manages legal appeals. Common offenses heard by a district court judge include operating while intoxicated, domestic violence and retail fraud less than $1,000. The court also conducts weddings, maintains legal records and provides resources for community members.
Judge-elect Amanda Sterkenburg (City of Kentwood)
“I am grateful for the opportunity to serve our community in this capacity,” Sterkenburg said in supplied material. “As 62-B District Court judge, I will remain committed to ensuring well-reasoned sentences, proportionate punishment and fair rulings that reflect the unique circumstances of every matter that comes before me.”
Sterkenburg has represented criminal and civil defendants, landlords, tenants and litigants with many different types of claims throughout her career as an attorney, according to supplied material. Her experience includes successful jury trials on assault, theft and retail fraud offenses. She has more than 90 hours of mediation training and has handled matters in many local circuit and district courts, including the 62-B District Court.
Sterkenburg is active in many local organizations, including the Kentwood Aquatics Club, Glenwood Elementary Parent-Teacher Council, Kentwood Baseball League and Mediation Services of Ottawa and Allegan counties. She and her family attend Kentwood Community Church.
The 62-B District Court judgeship must go to a Kentwood resident.
“We are delighted to welcome Judge-elect Sterkenburg to the 62-B District Court,” Mayor Kepley said. “I have confidence she will follow in Judge Kelly’s footsteps in demonstrating outstanding dedication to justice and service to the Kentwood community.”
Sterkenburg graduated cum laude from Franklin College and Western Michigan University Thomas M. Cooley Law School. Drawn to the “diversity and opportunity in Kentwood,” Sterkenburg moved to the city with her two children almost 10 years ago, according to supplied material.
The Kentwood Justice Center which houses the 62-B District Court
First-time offenders of Driving While License Suspended (DWLS) will now have the opportunity to use a free online program to restore their license and connect virtually with the city attorney to negotiate details of their case. Please refer to DWLS the charge is Driving While License Suspended set by statute
Thanks to a free online program, provided by Matterhorn by Court Innovations Inc., the 62-B District Court is able to provide virtual services to restore licenses and interact with the prosecuting official without multiple court appearances.
“This program streamlines the process of communicating with the court and the city attorney as much as possible by taking it online, and providing ample educational material and guidance on what needs to be done,” said Judge William G. Kelly. “We are committed to providing stellar customer service to those in our community, and this is another way to do that.”
For decades, suspending driving privileges has been used as a punitive measure against those with poor driving behaviors, such as drunk driving or multiple moving violations. However, according to a 2013 report from the American Association of Motor Vehicle Administrators, Best Practices Guide for Reducing Suspended Drivers, almost half of the suspensions are for offenses that have nothing to do with unsafe driving.
Forty percent of suspensions are for minor offenses like failing to pay a minor traffic or parking ticket. Many, particularly those in socio-economically challenged circumstances, risk driving on a suspended license and may not know their license was suspended. When caught driving with a suspended license, they’re charged with a misdemeanor.
Those are the cases the program aims to help, Kelly said.
“As permitted by Michigan law, prosecuting attorneys may offer a plea deal to first offenders where unsafe driving behavior is not involved. Getting the license unsuspended is usually a condition of the deal,” he explained.
Those eligible will be informed about the program at their arraignment. They will have a certain amount of time to get their suspension lifted and their license restored. Throughout the process, individuals receive emails and text messages to provide reminders and updates on the status of their case. After that, the prosecutor will review their case and record online, and will consider offering a plea deal.
The individual can accept the deal online without ever appearing in court. By resolving these matters online, prosecutors and citizens are able to reduce or eliminate in-person pre-trial conferences, and saving citizens multiple trips to court.
Motorists charged with driving with a suspended license in Kentwood can visit www.courtinnovations.com/MID62Bto resolve the matter online.
