Incarcerated Defendant in No-Fault Case Sues Michigan Jail

Mr. Gerard Garno

by Bai Macfarlane

A Michigan lawyer, who is also a husband, and father of 12 children is defending his constitutional rights against Michigan’s family court that has repeatedly jailed him and has stripped him of his property and access to his children in their no-fault proceedings.  Defendant, Mr. Gerard Garno, “graduated Magna Cum Laude from both the University of Cincinnati (undergraduate) and the University Of Toledo College Of Law” (source The American Catholic Lawyers Association).

He has two pending cases against the no-fault Judgment of Separate Maintenance issued by the lower court of the County of St. Clair, Michigan.

Oct. 31, 2022. Appeal to Michigan Court of Appeals

(Case No.: 360736, BRIEF)

In the Michigan Court of Appeals, the brief argues that the lower court erred by giving his wife all their real properties except for Gerard’s “clothing, his personal effects, his guitars, and the vehicle he regularly drives” while saddling him with 86% of the marital debt. Furthermore, Garno’s appellate attorney is asking for the case to be assigned to a different court because of bias.  His appellate brief describes St. Clair County’s judge’s bias; “After having assured Gerard that he was familiar with case law that requires an equitable distribution, the judge went out of his way to emphasize that he was giving Laura everything and giving Gerard nothing. The judge literally stressed that he was refusing to render an equitable distribution. It is hard to interpret that exchange as anything other than a tacit acknowledgment of bias against one party and in favor of the other“ (31 Oct. 2022 brief, page 51).

Presently, Mr. Garno is in the Saint Clair County jail and jail personnel told Mary’s Advocates that Garno has not been sentenced yet and his court date is 18 July. The County inmate lookup shows his bond is Bonds $3800.00 and the charge is “non-payment of alimony/child support” in contempt case.

July 26, 2023. Appellant Garno, Gerard  vs. Appellee St. Clair County Jail

(Case No.: 23-001244-AH Habeas Corpus COMPLAINT)

From jail, Mr. Garno submitted his own 33-page hand-written suit (Habeas Corpus) against the St. Clair County jail itself, asserting that the suit “is limited to the issue of lack of jurisdiction over the Prisoner.” …”The writ of habeas corpus deals with radical defects that render a judgement or proceeding absolutely void.”… “Prisoner seeks relief from unlawful incarceration arising out of the Court’s lack of jurisdiction.”

Garno’s suit against the St. Clair County jail asserts that the he is being held in violation of both the Michigan and U.S. Constitution.  He is arguing that Michigan’s divorce and civil separation statutes cannot apply to serious Catholics (like his wife) because she is not seeking a permanent separation. For Catholics, permanent separation is only applicable to those who are victims of the other spouse’ unfaithfulness by adultery.  In many (if not most) no-fault cases, the lawyers and judge convince the Defendant to agree to split his property and children, but in Garno’s case he never signed this type of settlement agreement. When the Defendant doesn’t voluntarily agree to split everything, the state courts purport to have full power over property and children anyway, and deprive the Defendant however the court chooses.

The Habeas Corpus suit argues that “The Michigan Legislature has spoken, that marital separations of ‘temporary nature’ qualify for ‘Marital Preservation,’ not a Judgement of Divorce or Separate Maintenance.”… “Therefore, there is no jurisdiction for the Separate Maintenance Judgment, and any Orders derived from it, resulting in Prisoner’s incarceration, also lack jurisdiction.”  Trial transcripts show that Mrs. Garno testified she would reconcile when she saw certain changes in her husband’s relationship skills (exhibit two, hearing Dec.-9-2021, pg. 736).

Garno also objects to no-fault divorce and legal separations proceedings because the lower court violated his constitutional right to due process. “[T]he trial court denied a right of defense, by not even allowing a hearing on the Constitutional issues, not applying the law on judicial admissions.” In April 2021, Garno had made a constitutional challenge (See Motion to Dismiss HERE, Exhibits HERE). After listing all the deprivation forced on him by the court, Mr. Garno argues in his Habeas Corpus suit, “This callous destruction and dissolution, in complete disregard for all Constitutional rights and federal and State Laws involves no legitimate compelling State interest—and thus is action so arbitrary and capricious as to show malice, and ‘shocks the conscience’ “(page 14). Readers of Mary’s Advocates know that the civil forum family courts routinely destroy the defendant’s marriage, family, reputation, and career, leaving him/her homeless, bankrupt, and indigent.

Lastly, Garno argues that the no-fault proceeding of St. Clair County Court are violations of religious liberty; “The separation of a Catholic couple, married by the Catholic Church, is a matter of Catholic Canon law. The spouses here have obvious sincerely-held religious belief to their marriage, as they were married in the Catholic Church and they’re only separated pursuant to a Decree by it [The Catholic Church].”

Even though the court docket shows that 31^st Circuit Court St Clair County Judicial Officer Michael West denied/dismissed Mr. Garno’s Habeas Corpus, if Mr. Garno has the wherewithal, the dismissal could likely be appealed to a higher court.

See Detention Center webpage for Inmate Lookup, and find instructions for Mail, and Inmate Money and Personal Property (deposit money into inmate’s commissary account).