360449 (Concurring Opinion)

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED November 10, 2022 In re BLOCK/NYGAARD, Minors. No. 360449 Gogebic Circuit Court Family Division LC Nos. 2018-000069-NA 2019-000042-NA Before: SAWYER, P.J., and MARKEY and SWARTZLE JJ. SWARTZLE, J. (concurring). I concur in the majority’s judgment as well as its analysis with the exception of Section II.B. I do not quarrel with the majority’s application of current law; rather, my quarrel is with the current law itself. For the reasons I set forth in my concurring opinion in People v King, unpublished opinion per curiam of the Court of Appeals, issued October 15, 2020 (Docket No. 346559) (SWARTZLE, J., concurring), p 7, I do not believe that our Court should apply the plainerror test to the waiver of counsel, either in the criminal context or this quasi-criminal context. Our Supreme Court has granted leave to hear oral argument on the application for this issue, People v King, 964 NW2d 34 (Mich, 2021), but, based on the law as it stands today, I must concur. /s/ Brock A. Swartzle -1-

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