News & Notices

From the Michigan Supreme Court April 2022

 

Michigan Bar Journal

ADM File No. 2022-01Supreme Court Appointment to the Committee on Model Civil Jury Instructions

On order of the Court, pursuant to Administrative Order No. 2001-6 and effective immediately, Julie Clement is appointed as reporter of the Committee on Model Civil Jury Instructions.


ADM File No. 2022-01Supreme Court Appointments to the Court Reporting and Recording Board of Review

On order of the Court, pursuant to MCR 8.108(G)(2)(a) and effec­tive April 1, 2022:

Hon. Anica Letica (Court of Appeals judge) is appointed to a first four-year term that will expire on March 31, 2026. Judge Letica will serve as chairperson.

Bradley Hall (attorney) is appointed to a second full term that will expire on March 31, 2026.


ADM File No. 2022-01Supreme Court Appointment to the Justice for All Commission

On order of the Court, pursuant to Administrative Order No. 2021-1, Carmen Wargel (on behalf of nonprofit local community organiza­tions) is appointed to the Justice for All Commission for a term commencing immediately and ending on Dec. 31, 2024.


ADM File No. 2022-01Supreme Court Appointment to the Michigan Tribal State Federal Judicial Forum

On order of the Court, pursuant to Administrative Order No. 2014-12 and effective immediately, Hon. Carol Montavon Bealor is ap­pointed to the Michigan Tribal State Federal Judicial Forum for the remainder of a partial term ending on Dec. 31, 2022.


ADM File No. 2020-26Amendments of Rules 1.109 and 8.119 of the Michigan Court Rules

On order of the Court, the following amendments of Rules 1.109 and 8.119 of the Michigan Court Rules are adopted, effective April 1, 2022.

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]

Rule 1.109 Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access

(A)-(C [Unchanged.]

(D) Filing Standards.

(1)-(8) [Unchanged.]

(9) Personal Identifying Information.

(a) The following personal identifying information is pro­tected and shall not be included in any public document or attachment filed with the court on or after AprilJuly 1, 20221, except as provided by these rules:

(i)-(v) [Unchanged.]

(b)-(e) [Unchanged.]

(10) Request for Copy of Public Document with Protected Per­sonal Identifying Information; Redacting Personal Identifying Information; Responsibility; Certifying Original Record; Other.

(a) The responsibility for excluding or redacting personal identifying information listed in subrule (9) from all docu­ments filed with or offered to the court rests solely with the parties and their attorneys. The clerk of the court is not required to review, redact, or screen documents at time of filing for personal identifying information, protected or otherwise, whether filed electronically or on paper. For a document filed with or offered to the court, except as oth­erwise provided in these rules, the clerk of the court is not required to redact protected personal identifying informa­tion from that document, regardless of whether filed be­fore or after AprilJuly 1, 20221, before providing a re­quested copy of the document (whether requested in person or via the internet) or before providing direct access to the document via a publicly accessible com­puter at the courthouse.

(b)-(e) [Unchanged.]

(E)-(H) [Unchanged.]

Rule 8.119 Court Records and Reports; Duties of Clerks

(A)-(G) [Unchanged.]

(H) Access to Records. Except as otherwise provided in subrule (F), only case records as defined in subrule (D) are public records, subject to access in accordance with these rules. The clerk shall not permit any case record to be taken from the court without the order of the court. A court may provide access to the public case history information through a publicly accessible website, and business court opinions may be made available as part of an indexed list as required under MCL 600.8039. If a request is made for a public record that is maintained electronically, the court is required to provide a means for access to that record. However, the docu­ments cannot be provided through a publicly accessible website if protected personal identifying information has not been redacted from those documents. If a public document prepared or issued by the court, on or after AprilJuly 1, 20221, contains protected per­sonal identifying information, the information must be redacted before it can be provided to the public, whether the document is provided upon request via a paper or electronic copy, or direct access via a publicly accessible computer at the courthouse. The court may provide access to any case record that is not available in paper or digital image, as defined by MCR 1.109(B), if it can reasonably accommodate the request. Any materials filed with the court pursuant to MCR 1.109(D), in a medium for which the court does not have the means to readily access and reproduce those materials, may be made available for public inspection using court equipment only. The court is not required to provide the means to access or reproduce the contents of those materials if the means is not already available.

(1)-(2) [Unchanged.]

(I)-(L) [Unchanged.]

Staff comment: The amendments of MCR 1.109 and MCR 8.119 update references to the effective date of the amendments regard­ing personal identifying information.

The staff comment is not an authoritative construction by the Court. In addition, adoption of an amendment in no way reflects a sub­stantive determination by this Court.


ADM File No. 2021-11 Proposed Amendment of Rule 9.116 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 9.116 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a public hearing. The notices and agendas for public hearing are posted on the Public Administrative Hearings page.

Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]


Rule 9.116 Judges; Former Judges

(A) [Unchanged.]

(B) Former Judges. Except as otherwise provided in this subrule, the administrator or commission may not take action against a former judge for conduct where the Michigan Supreme Court im­posed a sanction less than removal or the Judicial Tenure Commis­sion has taken any action under MCR 9.223(A)(1)-(5). The adminis­trator or commission may take action against a former judge:

(1) for conduct resulting in removal as a judge;, and

(2) if the former judge does not hold judicial office at the time the Court issues its decision under MCR 9.252(A), and the Court finds that the conduct would have resulted in removal as a judge had the former judge still held judicial office at that time; or

(3) for any conduct thatwhich was not the subject of a disposi­tion by the Judicial Tenure Commission or by the Court.

The administrator or commission may not take action against a former judge for conduct where the court imposed a sanction less than removal or the Judicial Tenure Commission has taken any action under MCR 9.223(A)(1)-(5).

(C) [Unchanged.]

Staff Comment: The proposed amendment of MCR 9.116 would allow the Attorney Grievance Commission to initiate disciplinary proceedings against a former judge who, but for his or her de­parture from the bench, would have been removed from office based on misconduct that was the subject of judicial disciplin­ary proceedings.

The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way re­flects a substantive determination by this Court.

A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the noti­fications specified in MCR 1.201. Comments on the proposal may be submitted by July 1, 2022 by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Ad­opted Orders on Administrative Matters page. You may also sub­mit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When filing a comment, please refer to ADM File No. 2021-11. Your comments and the comments of others will be posted under the chapter affected by this proposal.