By Amy Lindholm, Management Analyst, Friend of the Court Bureau
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Source: Bench & Bar of Michigan:
Nineteen Hundred Eighteen.
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The work of Michigan’s first Friend of the Court began on January 12, 1918, in the chambers of Wayne County’s Third Circuit Court Judge Ira W. Jayne when 38-year-old Edward Pokorny was sworn into the new office, formed just five days earlier on January 7, 1918, by court order.
The initial purpose of the new office – beyond relieving the bench of time-consuming fact finding – was to increase support collections benefiting minor children by relieving the collection burden from the support recipient and transferring that responsibility to the court. As early as 1935, the office also enforced custody and parenting time (then called “visitation”) orders for cases it managed, with investigators sometimes overseeing exchanges and visits for acrimonious families.[3]
The Third Circuit Court subsequently played a major role in presenting a bill to the Michigan legislature to create the office of “Friend of the Court” in counties across the state with duties defined and granted by statute. That bill was adopted in May 1919 as the Friend of the Court Act and became effective in August 1919.
In some ways, the functions of the first friend of the court office differed from duties prescribed in statute today. The friend was often called upon to investigate matters outside of domestic relations, such as mortgages and land contracts, and to act as trustee of funds paid into the court, among other miscellaneous duties. However, the majority of the office’s purpose and functions are similar to those of today’s friends of the court.
The Third Circuit Court subsequently played a major role in presenting a bill to the Michigan legislature to create the office of “Friend of the Court” in counties across the state with duties defined and granted by statute. That bill was adopted in May 1919 as the Friend of the Court Act and became effective in August 1919.
What did the Wayne County office do in the early days?
In some ways, the functions of the first friend of the court office differed from duties prescribed in statute today. The friend was often called upon to investigate matters outside of domestic relations, such as mortgages and land contracts, and to act as trustee of funds paid into the court, among other miscellaneous duties. However, the majority of the office’s purpose and functions are similar to those of today’s friends of the court.
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Friend of the Court Edward Pokorny at work reconciling a couple.
Source: Detroit Free Press, April 15, 1952. |
In the early days, one of the desired activities of the office – as directed by the bench – was to reduce the number of divorces by attempting reconciliation. After 1918, all divorce cases required a recommendation from the Friend of the Court before the proceeding could be finalized. One news story said that “…people [Pokorny] reconciled 30 years and more ago still come to see him and thank him and ask him if he’ll give their children the same advice he gave them. Even those he failed to reconcile ask the same thing, as if they wished, too late, that they had taken his advice themselves and wanted to spare their children their own painful experience.” [4]
The article goes on to say that this earned Pokorny the nickname ‘Cupid’s handy man.’
Despite some definite differences from friend of the court business today, many of the office’s other early functions reflect current practices. Pokorny noted in his 1939 article “Practical Problems in the Enforcement of Alimony Decrees” that many support payers encounter “economic conditions [which] interfere with the father’s capacity to contribute towards the support of his children.” At the time, support was referred to as “alimony” for both the support of the ex-wife and for the support of any minor children. Pokorny wrote that it is appropriate to modify the divorce decree in a timely manner to avoid insurmountable accrual of arrearages. In 1939, retroactive modification was also possible. The friend of the court investigated and recommended all motions to modify divorce decrees.
In some instances the Wayne County Friend of the Court also helped payers with barriers including employment and home loan applications.[5]
Although it was much less common to have female support payers during Pokorny’s tenure, he explained to reporters in 1952 that his office had occasionally ordered a mother to pay alimony to a father when the father was the child’s primary custodian and the mother earned a decent wage. Until the Child Custody Act of 1970 became effective on April 1, 1971, Michigan statute entitled separating mothers to custody of any children under the age of 12, and fathers to custody of children 12 and older.[6]
Despite the default gender roles regarding custody prescribed by the previous 1873 Act, the Wayne County Friend of the Court made case-specific custody recommendations in every divorce case beginning in 1920, investigating each parents’ situation and ability to provide for the best interests of the child. While custody was more often recommended with the mother, fathers, and in a small percentage of cases, the grandparents or juvenile court were also recommended custody.[7]
The office also pursued support for children born out of wedlock. Until at least as late as 1952, these were referred to as “bastardy” cases. Today we call them paternity cases. The prosecutor’s office handled establishment of the case, but the friend of the court recommended the support amount, including repayment by the father of birthing costs owed to a maternity home. The friend also then collected the support in the same manner as divorce cases.
Wayne County’s population grew rapidly in the first couple decades of the 20th Century with the autoindustry booming in Detroit. Along with population growth came an influx of domestic relations cases.
In its first year, the office collected $110,000 for the support of minor children.[8] By 1934, with a growing population and new cases, the staff had already expanded to 45, as shown in the staff photo that still proudly hangs in the Wayne County Friend of the Court office today. By the time Ed Pokorny wrote his journal article, “Observations by a ‘Friend of the Court’” in 1944, Wayne County’s population had surpassed 2 million people. By his retirement in 1952, the staff had expanded to 109, and was handling about $10 million in total support payments annually.[9]
A notable figure in Michigan’s friend of the court system, in southeast Michigan there are even awards named after him. The Detroit area’s Legal Aid and Defender Association presents an “Ed Pokorny Pioneer of Justice” award annually.
Edward Pokorny was born in Detroit on July 4, 1879, to parents who had emigrated from Germany, according to U.S. Census records. Pokorny’s father worked as a cigar maker, and some of his brothers also helped make cigars at a young age, while Edward’s first recorded occupation was noted as a mailer for the Detroit Free Press.[10]
The article goes on to say that this earned Pokorny the nickname ‘Cupid’s handy man.’
Despite some definite differences from friend of the court business today, many of the office’s other early functions reflect current practices. Pokorny noted in his 1939 article “Practical Problems in the Enforcement of Alimony Decrees” that many support payers encounter “economic conditions [which] interfere with the father’s capacity to contribute towards the support of his children.” At the time, support was referred to as “alimony” for both the support of the ex-wife and for the support of any minor children. Pokorny wrote that it is appropriate to modify the divorce decree in a timely manner to avoid insurmountable accrual of arrearages. In 1939, retroactive modification was also possible. The friend of the court investigated and recommended all motions to modify divorce decrees.
In some instances the Wayne County Friend of the Court also helped payers with barriers including employment and home loan applications.[5]
Although it was much less common to have female support payers during Pokorny’s tenure, he explained to reporters in 1952 that his office had occasionally ordered a mother to pay alimony to a father when the father was the child’s primary custodian and the mother earned a decent wage. Until the Child Custody Act of 1970 became effective on April 1, 1971, Michigan statute entitled separating mothers to custody of any children under the age of 12, and fathers to custody of children 12 and older.[6]
Despite the default gender roles regarding custody prescribed by the previous 1873 Act, the Wayne County Friend of the Court made case-specific custody recommendations in every divorce case beginning in 1920, investigating each parents’ situation and ability to provide for the best interests of the child. While custody was more often recommended with the mother, fathers, and in a small percentage of cases, the grandparents or juvenile court were also recommended custody.[7]
The office also pursued support for children born out of wedlock. Until at least as late as 1952, these were referred to as “bastardy” cases. Today we call them paternity cases. The prosecutor’s office handled establishment of the case, but the friend of the court recommended the support amount, including repayment by the father of birthing costs owed to a maternity home. The friend also then collected the support in the same manner as divorce cases.
Size of the office
Wayne County’s population grew rapidly in the first couple decades of the 20th Century with the autoindustry booming in Detroit. Along with population growth came an influx of domestic relations cases.
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| The Wayne County Friend of the Court staff, 1934. |
What kind of person was the first friend of the court?
Edward Pokorny was born in Detroit on July 4, 1879, to parents who had emigrated from Germany, according to U.S. Census records. Pokorny’s father worked as a cigar maker, and some of his brothers also helped make cigars at a young age, while Edward’s first recorded occupation was noted as a mailer for the Detroit Free Press.[10]
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| Source: Detroit Free Press, June 25, 1950. |
According to marriage and birth records, Pokorny married young, at age 21, and his wife Marie gave birth to their only child, John, that same year. The couple was featured in the Detroit Free Press in 1950 when they reached their 50th wedding anniversary. Pokorny described successful marriage as a matter of “give and take,” and he gave four tips on how to make marriage work: (1) Never lose your temper; (2) Be patient; (3) Keep a friendly attitude; and (4) Keep a sense of humor.
The man seems to have fit his name well: Pokorný means “humble” and is also a nickname for an unassuming person. Pokorny was born to poor, immigrant parents, but became an attorney by age 26, earning his Bachelor of Laws from the Detroit College of Law in 1905 and gaining admittance to the Michigan Bar Association the same year.[11] Rather than seek profits from private practice, he worked for the Legal Aid Bureau of the Detroit Bar Association from 1909 to 1918, up until his appointment as Friend of the Court. Despite being a representative of the court and an authority figure to many, articles on Pokorny described him as friendly and approachable: “His face is gentle, his manner mild and fatherly... his eyes are deep-set and brown and benign.”[12]
Edward Pokorny was frequently quoted sharing his concern for the welfare of children in newspaper articles, journal articles, and Friend of the Court Association meeting minutes. In fact, Pokorny is responsible for the Association’s purpose statement, which begins with: “To further the interests of all children of divorced parents.”
Pokorny believed in the benefits his office could offer to Wayne County families. He once responded to criticisms of the justice system being slow, expensive, and cumbersome with praise of the office of the friend of the court:
Edward Pokorny served as Wayne County’s Friend of the Court for 34 years, from 1918 to 1952. During his tenure approximately 160,000 divorce suits were filed in the Third Circuit Court.[14]
After retiring in April 1952, he died less than four months later. The Detroit Free Press honored his passing with several articles, notably this one titled “Edward Pokorny,” published August 1, 1952:
The man seems to have fit his name well: Pokorný means “humble” and is also a nickname for an unassuming person. Pokorny was born to poor, immigrant parents, but became an attorney by age 26, earning his Bachelor of Laws from the Detroit College of Law in 1905 and gaining admittance to the Michigan Bar Association the same year.[11] Rather than seek profits from private practice, he worked for the Legal Aid Bureau of the Detroit Bar Association from 1909 to 1918, up until his appointment as Friend of the Court. Despite being a representative of the court and an authority figure to many, articles on Pokorny described him as friendly and approachable: “His face is gentle, his manner mild and fatherly... his eyes are deep-set and brown and benign.”[12]
Edward Pokorny was frequently quoted sharing his concern for the welfare of children in newspaper articles, journal articles, and Friend of the Court Association meeting minutes. In fact, Pokorny is responsible for the Association’s purpose statement, which begins with: “To further the interests of all children of divorced parents.”
Pokorny believed in the benefits his office could offer to Wayne County families. He once responded to criticisms of the justice system being slow, expensive, and cumbersome with praise of the office of the friend of the court:
“The Friend of the Court… is one answer to all three of these objections. [It] saves time for court, child, parent. [It] is available for poor people as well as others. [It] can protect the interests of the child in cases where the parents or others are indifferent and do not care to raise issues for judicial determination. The child may not be able to set in motion the machinery of the law to obtain relief. The Friend of the Court performs this service for him [or her].”[13]
A legacy for others to follow
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| Portrait of Ed Pokorny. Source: The Saturday Evening Post, May 31, 1952. |
After retiring in April 1952, he died less than four months later. The Detroit Free Press honored his passing with several articles, notably this one titled “Edward Pokorny,” published August 1, 1952:
“The death of Edward Pokorny brings to a close a life of humanitarian effort that will be a lasting monument in the community he so long and so faithfully served.Any readers interested in full-text copies of articles cited here may contact Amy Lindholm at LindholmA@courts.mi.gov.
“As Friend of the Court of Wayne County for 34 years, Mr. Pokorny was himself the only domestic relations court that was needed. He attained nationwide fame for his pioneering work in reconciling divorce-inclined couples or, where reconciliation failed, in enforcing the courts’ decrees.
“But in all this work, he was guided by one great principle – to protect the children who are the forgotten, tragic victims of broken homes.
“Mr. Pokorny recently retired, turning over to the organization he created the task of carrying on his work.
“He leaves behind a great ideal for others to follow, but his personal warmth of character, his patience and his deep understanding of human relations will not easily be replaced.”
Amy Lindholm holds a Bachelor of Arts degree from Kalamazoo College and a Master’s degree in Public Administration from Grand Valley State University. She came to the State Court Administrative Office’s Friend of the Court Bureau after managing a small international development non-profit agency and previously working in a friend of the court office.
As editor of The Pundit newsletter, Amy encourages readers to contact her with feedback, article ideas, and article submissions at any time.
As editor of The Pundit newsletter, Amy encourages readers to contact her with feedback, article ideas, and article submissions at any time.
[1]
Creecy, J. (April 2, 1947). “Edward Pokorny – Marriage Aid.” Beckley Post-Herald. Beckley, W.Va.
[2]
Covey Jr., F. (1959). Amicus Curiae: Friend of
the Court, 9 DePaul L. Rev. 30.
[3]
Cooper, F., and Dawson, J. (August 1935). “The Office of the Friend of the
Court in Wayne County, Michigan.” Fifth Annual Report of the
Michigan Judicial Council, 125.
[4]
La Cossitt, H. (May 31, 1952). “The Man Who Doctors Sick Marriages.” The Saturday Evening Post, 224: 25, 93-96.
[5]
Cooper, supra note 3.
[6]
Public Act 192 of 1873: Care
and Custody of Children on Separation of Father and Mother. (Now repealed)
MCL 772.541.
[7]
This was the practice as of 1935. See Cooper, supra
note 3.
[8]
“Patience, Faith, Humor.” (June 25, 1950). Detroit Free Press.
Detroit, MI.
[9]
La Cossitt, supra note 4.
[10]
U.S. Census, 1900.
[11]
Bench & Bar of Michigan: Nineteen Hundred
Eighteen.
[12]
La Cossitt, supra note 4.
[13]
Pokorny, E. (1944). Observations by a "Friend of the Court". Law and Contemporary Problems, 10(5), 778-789.
doi:10.2307/1189990.
[14]
La Cossitt, supra note 4.
