ADM File No. 2021-25Amendment of Rule 19 of the Rules Concerning the State Bar of Michigan
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rule 19 of the Rules Concerning the State Bar of Michigan is adopted, effective May 1, 2022.
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Rule 19 Confidentiality of State Bar Records
Sec. 1. [Unchanged.]
Sec. 2. Records and information obtained in the course of reviewing and evaluating candidates for judicial vacancies may not be used for any other purpose or otherwise disclosed without the consent of the applicant and the Governor’s Office, or by Order of the Supreme Court. Records and information include, but are not limited to, applicants’ name, application, background, qualifications, and interview; communications concerning applicants; and information about the judicial qualification review process.
Sec. 32. Records and information of the Client Protection Fund, Ethics Program, Lawyers and Judges Assistance Program, Practice Management Resource Center Program, and Unauthorized Practice of Law Program that contain identifying information about a person who uses, is a participant in, is subject to, or who inquires about participation in, any of these programs, are confidential and are not subject to disclosure, discovery, or production, except as provided in section (43) and (54).
Sec. 43. Records and information made confidential under section (1) or (32) shall be disclosed: (a) pursuant to a court order; (b) to a law enforcement agency in response to a lawfully issued subpoena or search warrant; or (c) to the Attorney Grievance Commission or Attorney Discipline Board in connection with an investigation or hearing conducted by the commission or board, or sanction imposed by the board.
Sec. 54. Records and information made confidential under section (1) or (32) may be disclosed: (a) upon request of the State Bar and approval by the Michigan Supreme Court where the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, or (b) at the discretion of the State Bar, upon written permission of all persons who would be identified by the requested information.
Staff Comment: The amendment of Rule 19 of the Rules Concerning the State Bar of Michigan creates an explicit provision regarding confidentiality of 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. 2021-33Amendment of Administrative Order No. 1997-10
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Administrative Order No. 1997-10 is adopted, effective July 1, 2022.
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Administrative Order No. 1997-10 — Access to Judicial Branch Administrative Information
(A) [Unchanged.]
(B) Access to Information Regarding Supreme Court Administrative, Financial, and Employee Records.
(1)-(9) [Unchanged.]
(10) Employee records are not open to public access, except for a list of employees that includes the position title, classified or nonclassified distinction, salary, and general benefits information. The list must not include a name, initials, electronic mail address, Social Security number, phone number, residential address, or other information that could be used to identify an employee or an employee’s beneficiary. This information shall be available on the Court’s website at no cost.the following information:
(a) The full name of the employee. (b) The date of employment.
(c) The current and previous job titles and descriptions within the judicial branch, and effective dates of employment for previous employment within the judicial branch.
(d) The name, location, and telephone number of the court or agency of the employee.
(e) The name of the employee’s current supervisor.
(f) Any information authorized by the employee to be released to the public or to a named individual, unless otherwise prohibited by law.
(g) The current salary of the employee. A request for salary information pursuant to this order must be in writing. The individual who provides the information must immediately notify the employee that a request for salary information has been made, and that the information has been provided.
(11) [Unchanged.]
Staff Comment: The amendment of Administrative Order No. 1997-10 clarifies which information about jobs within the judiciary would be available to the public.
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.
ADM File No. 2021-34Amendment of Rule 5.125 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 5.125 of the Michigan Court Rules is adopted, effective May 1, 2022.
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Rule 5.125 Interested Persons Defined
(A)-(B) [Unchanged.]
(C) Specific Proceedings. Subject to subrules (A) and (B) and MCR 5.105(E), the following provisions apply. When a single petition requests multiple forms of relief, the petitioner must give notice to all persons interested in each type of relief:
(1)-(17) [Unchanged.]
(18) The persons interested in a proceeding under the Mental Health Code that may result in an individual receiving involuntary mental health treatment or judicial admission of an individual with a developmental disability to a center are the
(a)-(e) [Unchanged.]
(f) the individual’s spouse, if the spouse’s whereabouts are known,
(g) the individual’s guardian, if any,
(h) in a proceeding for judicial admission to a center or in a proceeding in which assisted outpatient treatment is ordered, the community mental health program, and
(i) [Unchanged.]
(19)-(33) [Unchanged.]
(D)-(E) [Unchanged.]
Staff Comment: The amendment of MCR 5.125 adds the community mental health program as an interested person to be served a copy of the court’s order when assisted outpatient treatment is ordered.
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.
ADM File No. 2020-16Amendment of Rule 9.261 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 9.261 of the Michigan Court Rules is adopted, effective May 1, 2022.
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Rule 9.261 Confidentiality; Disclosure
(A)-(I) [Unchanged.]
(J) Notwithstanding the prohibition against disclosure in this rule, upon request the commission may disclose some or all of the information in its possession concerning a judge’s misconduct in office, mental or physical disability, or some other ground that warrants commission action under Const 1963, art 6, § 30, to the State Bar Judicial Qualifications Committee, or to any other officially authorized state or federal judicial qualifications committee that meets or exceeds the confidentiality requirements established by the State Bar of Michigan in Rule 19, sec. 2 of the Rules Concerning the State Bar.
(K) Notwithstanding the prohibition against disclosure in this rule, either upon request or on its own motion, the commission may disclose some or all of the information concerning a judge’s misconduct in office, mental or physical disability, or some other ground that warrants commission action under Const 1963, art 6, § 30, to the State Bar Lawyers & Judges Assistance Program.
Staff Comment: The amendment of MCR 9.261 allows the JTC to share information with the State Bar of Michigan’s Judicial Qualifications Committee and the Lawyers & Judges Assistance Program, as well as other judicial qualification committees in certain circumstances.
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. 2021-40Amendment of Rule 5 of the Rules for the Board of Law Examiners
On order of the Court, this is to advise that the amendment of Rule 5 of the Rules for the Board of Law Examiners is adopted, effective immediately. Concurrently, individuals are invited to comment on the form or the merits of the amendment during the usual comment period. 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.
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Rule 5 Admission Without Examination
(A)-(C) [Unchanged.]
(D) An attorney
(1) [Unchanged.]
(2) practicing law in an institutional setting, e.g., counsel to a corporation or instructor in a law school, may apply to the Board for a special certificate of qualification to practice law. The applicant must satisfy Rule 5(A)(1)-(3), and comply with Rule 5(B). The Board may then issue the special certificate, which will entitle the attorney to continue current employment if the attorney becomes an active member of the State Bar. The special certificate permits attorneys teaching or supervising law students in a clinical program to represent the clients of that clinical program. If the attorney leaves the current employment, the special certificate automatically expires; if the attorney’s new employment is also institutional, the attorney may reapply for another special certificate.
(E) [Unchanged.]
Staff Comment: The amendment of Rule 5 of the Rules for the Board of Law Examiners specifically allows attorneys who are teaching in a clinical program to represent individual clients of that program.
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. 2021-40. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2018-26Proposed Amendment of Rule 6.502 of the Michigan Court Rules
On order of the Court, the proposed amendment of Rule 6.502 of the Michigan Court Rules having been published for comment at 508 Mich (2021), and an opportunity having been provided for comment in writing and at a public hearing, the Court declines to adopt the proposed amendment. This administrative file is closed without further action.