The Marian L. Faupel papers collection consists of a single series: Litigation, In the Matter of Baby Girl Claussen, Robert and Jan DeBoer vs. Daniel Schmidt.
Court records constitute the bulk of the collection, approximately 4.75 linear feet, and include records of Iowa courts (1 folder), Circuit Court for the Washtenaw County, Michigan (0.75 linear feet), Michigan Court of Appeals (2 linear feet), the Supreme Court of Michigan (1 linear foot), and the United States Supreme Court (1 linear foot). Court records include briefs, appeals, responses of the parties, court orders and opinions, and other official court documents, as well as research files that include background information about Jan and Roberta DeBoers and the adoption history.
Case files (0.75 linear feet) include correspondence, background information, legal documents, material regarding Michigan legislation, and other collected material related to the case. Of special interest are attorney's notes
Correspondence (0.75 linear feet) mostly includes letters received by Faupel's office from her and the Schmidts' supporters and opponents. Two folders contain letters addressed directly to Dan and Cara Schmidt. Two folders contain letters addressed to Marian Faupel and labeled "Pro-DeBoer" and "Pro-Schmidt." General correspondence includes discussion about this and similar cases. Also included here two e-mails sent by Faupel to the Bentley Historical Library, discussing the case.
Collection also contains material related to discussion of case in media, but also to Faupel's career (0.75 linear feet): newspaper clippings and photocopies of articles, Faupel's correspondence with TV and radio stations regarding interviews and media coverage, with publishers, as well as Faupel's interview notes.
Researchers will also find Faupel's curriculum vitae and her 1994 article about the case published in The Wayne Law Review, and several other of Faupel's writings about the case.
Marian L. Faupel graduated from the University of Michigan with BA in English, minors in Latin and Psychology (1965) and received her Law Degree from Wayne State University Law School in 1983. During her Law School studies she was a Clerk for Judge Kenneth Bronson of the 14th Judicial District Court, Judges William Beasley, Michael Kelly, and Jerome Bronson of the Michigan Court of Appeals; and served as Survey Editor for Wayne Law Review.
She started her legal career as Associate Attorney for Smith, Hirsch, Brody & Weingarden (Detroit, Mich), 1983-1984. In 1984-198 she then worked as Associate Attorney specializing in areas of corporate law, bankruptcy, family law, commercial litigation, property taxation and exemption, real estate and franchising for Hill, Lewis, Adams, Goodrich & Tait (Ann Arbor, Mich.). In 1986-1988 she worked for Rose, Schmidt, Chapman, Duff & Hasley (Ann Arbor, Mich.) and Burnham, Connolly, Oesterle & Henry (Ann Arbor, Mich.) as Associate Attorney specializing in areas of property taxation and exemption, commercial litigation, franchise law, real estate, and family law. She was of counsel for Schlussel, Lifton, Simon, Rands, Galvin & Jackier, P.C. (Ann Arbor, Mich.) in 1988-1990, with work concentrated in commercial and domestic litigation, franchising, real estate, and secured transactions, including foreclosure law. In May 1990 Faupel became sole shareholder of professional corporation, Faupel & Association of Ann Arbor, Mich., practicing in areas of real estate, complex commercial litigation, and family law.
Faupel represented Daniel Schmidt and Cara (Clausen) Schmidt during the In the Matter of Baby Girl Clausen, Roberta and Jan DeBoer vs. Daniel Schmidt case, also known as "the Baby Jessica" case, a well-publicized custody battle between Jan and Roberta DeBoer, the Ann Arbor, Mich. couple who attempted to adopt the child, and the baby's biological parents, Dan Schmidt and Cara Clausen. The DeBoers were represented by Suellyn Scarnecchia of the Child Advocacy Law Clinic (the University of Michigan Law School).
Cara Clausen had a baby girl in February 1991 and placed her for adoption with Jan and Roberta "Robby" DeBoer without telling Daniel Schmidt that he was the father; she also put a different man's name on the birth certificate. The adoption process was handled by the DeBoer's attorney, whom Clausen erroneously thought was also her attorney. Five days after the birth, Clausen changed her mind, informed Schmidt of his paternity, and told the DeBoers that she wanted to cancel the adoption. Clausen and Schmidt later married, and Schmidt went to court to get their daughter back, arguing that he had not given up his parental rights to his daughter. The DeBoers, who had named the baby Jessica, battled to keep the child for 2 1/2 years, but ultimately lost their fight.
The Supreme Courts of Iowa gave the Schimdts custody, and Michigan Supreme Court ruled the DeBoers had to abide by the decision. The DeBoers appealed to the U.S. Supreme Court trying to block the order to send the child to her biological parents in Iowa, but Justice John Paul Stevens refused to grant a delay to the toddler and the DeBoers. The child was transferred to her biological parents.
Roberta DeBoer later wrote a book called Losing Jessica about the case and the DeBoers established a child advocacy group called Hear My Voice that advocates for children involved in difficult custody cases, with a pro-adoptive parent angle. The Baby Jessica case, as it became known, received national media attention and was covered by major national publications. A TV movie, Whose Child Is This? The War for Baby Jessica was produced, dramatizing the events from the DeBoers' perspective.
In 1993 Marian L. Faupel was named the Michiganian of the Year by The Detroit News. She has published numerous articles on subjects in family law, commercial transactions and contracts, taxation, real property law, and trusts.
